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

Frank H. Plat, Tracy, Boardman and
Plat. Levi =. 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 80 this afternoon.
The petition OF John James Howard shows that
he Ia n resident of Rhnecine, Duchess County.
N. " that he is unjustly and unlawfully detained
best belief and knowledge. by Joseph II. Senner,
Commissioner Of Emigration. there, and by
under an order to the said Dodge by John q
Carlisle, Secretary Of the Treasury Of the United
states
The letter ordering the Opponents de-
portation issued by Secretary Carlisle
is then quotedJ.
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
thereof, nor Is he committed or detained By any
notice oi the formal judgment or decree 0f any
competent tribunal Of civil criminal iurIsdic-
ton or the formal order Of such authority nor by
virtue 0i any execution other final order Of any
such 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.
1888, and that he was cmontinuously In
said Levi p. Moston's employ, both In
England and in this country, at Rhine
cliff. In June, 1889. Mr.. Morton directed
the petitioner to go to Rhineclff, and he
did so, arriving on July 7, 1884.
The petition declares he has at al
| times since his arrival been "A domestic
servant and coaChman for Mr. Morton,
and has peri Jrmei no Ottler duties. His
duties as COdChman were to drive the
horses ana carriage for all OF the mem
Ders Of M Mort1ns fa1iiy, to attend
his daughter in horseback riding, and to
assist IN Mr.. Morton's stable In keeping
the stables, horses, carriages and harness
In good rider. and such have been his
only duties. which ne has daily per
formed since his arriva..
The petitioners contend that his deten-
ton and imprisonment are illegal. first,
that the warrant under which he is held
Contrary to the laws OF the United
States: third, that there Is no judgment
of any court upon which 10 base his de-
tentiOn, and fourth, that the Secretary
OF the Treasury was without Jurisdiction
or right to issue said warrant
Judge lacomhe granted the applica-
ton and ordered that 1t be made re-
turnable before him at 3 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 SenncT's Office at Ellis Island
| to-day by an Evening World" reporter.
Il have absolutely nothing TO say
about my case said he, and he resO-
| lutely refused to be drawn into con
ycrsation.
Howard has been formally turned over
! TO Commissioner Senncr, ON the warrant
Of the Secretary OF the Treasu ry. order
| ing his departure,
Assistant United States Dlstrict-At-
| torney Ban said that he had no kuowl-
| edge Of any intention on the part Of the
Government officials to proceed against
| MIR. Morton, and in his opinion there are
no grounds on which MIR. Morton could
| be prosecuted.