The evening world., 1894-10-16
RESpITEFOR HOWARD.
A Writ Of Habeas Corpus Granted
for Mr.. Morton's Coaohman.
-. Tie Petition Sets Up that Secretary
Carlisle Has No Jurisdiction.
the Englishman's. Duties Detailed
at Length in the Petition.

Frank II. Platt, of Tracy, Boardman and
Platt, Levi i. Morton's lawyers, pre-
scented the following application for a
writ of habeas corpus on behalf of Mr.
Morton's coachman, John James How
ard, to United States Circuit Court
Judge Lacombe, at 23O this afternoon.
The petition OF bohn James Howard shows that
no is a resident OF Rhnecne, Duchess County
N. Y, that he is un!nstly and unlawfully detained
and Imprisoned at Ellis Island according to his
best belief and knowledge by Joseph H. scnner
Commi ssioner OF Emigration, there, and by
sunder an order to the said Dodge by John g.
Earlisie. Secretary of the Treasury Of the United
etates.
(The letter ordering the deponents de-
portation issued by Secretary Carlisle
is then quoted).
That your petitioner is not committed or de-
tanned by notice of any process or mandate issued
by any court OF the United States or by any judge
notice OF the formal Judgment or decree Of any
competent tribunal Of civil or criminal jurlsdlc-
ton oi the formal order OF such AUTHORITY, nor by
virtue OIL any execution or other final order Of any
sLch tribunal
The petition further sets forth that he
was a domestic and personal servant OF
Levi p. Morton, in the capacity OF coach
man, in London, England, early in May,
1893, and that he was continuously in
said Levi p. Morton's employ, both in
England and in this country, at Rhine.
cliff. In June, 1894. Mr.. Morton directed
the petitioner to go to Rhinecliffe. and he
did so. arriving on July T. 1894
The petition declares he has at al
times since his arrival been domes tic
servant and coachman for Mr.. Morton.
and has performed no other duties. His
duties as coachmar were to drive the
horses and carriage .or all of the mem
har nj "a N "a
his daughter In horseback riding, and to
. assist in Mr.. Morton's stable in keeping
the stables, horses, carriages and harness
In good order, and such have been his
only duties, which he has daily per
The petitioner contends that his deten-
ton and Imprisonment are illegal; first
that the arrant under which he is held
is illegal; second, that his detention is
contrary to the laws of the United
States; third, that there is no Judgment
of any court upon which to base his de
tention, and fourth, that the Secretary
of the Treasury was without jurisdiction
Judge Lacombe granted the applica.
ton and ordered that it be made re.
turnable before him at O'Clock to-mor,
row afternoon.
Neither Mr. Morton nor Howard were
present when the application was made
Howard is now detained at Ellis Island.
Howard was seen in immigration Com
missioner Senner's office at Ellis Island
to-day by an Evening World" reporter
II have absolutely nothing to say
about my case" said he, and he reso
lutely refused to be drawn into a con
Versation.
Howard has been formally turned ovei
to Commissioner Senner, ON the warrant
of the Secretary of the Treasury, order
ing his departure.
Assistant United States District-At
torney Ball said that he had no knowl
edge of any intention on the part of tn,
Mr.. Morton. and in his opinion there ar,
no grounds on which Mr.. Morton coulc
be prosecuted.