Year: 1876

APPLYING FOR A WRIT OF HADEAs CORPUS IN


wEsTCHEsTER AND IN BROOKLYN.


In Supreme Court Chambers at White Plains West
chester county yesterday Mr. Charles w. Brooke mado
application Justice Dykman for writ OF habeas corpus
In behalf Of Edward s. Stokes whose petition bo
leased from further confinement in Sing Sing Prison
has already appeared the HERALD Counsel In pres.
enting the petition, summarized the grounds on which
the relief prayed for, dwelling upon the allegation
that his client at present illegally detained in
tody and cited case of The People Godfrey be-
fore Judge Sutherland, in support Of his position.


Judge DYKMAS-Suppose | should deny the applica-
tIon would you 20 the General Term with the caseS


Counsel-No, sir I>would have nothing to go on but
ifYour Honor will grant the application, and, after
hearing the argument you should refuse discharge
the petitioner rom prison, then have right TO go
TO the General Term.


Justice Dykman-l should be perfectly willing 10
have the decided by the General Term, inasmuch
il involves an entirely feature and In that
spect differs materially from the you have cited
The judgment under which you say the petitioner was
restrained from his liberty for ten months not
Judgment OF confinement but OF execution.


CounseI-It is very desirable that Your Honor would
grant the application, the question involves the
liberty OF some 800 men now undergoing imprison-
ment


Justice Dykman--I am very willing to give you an
opportunity Of getting the to the General Term
ard for that not disposed TO deny the appl
cation; but, entertaining the view | do Of The
question would not like TO assume the responsibility
OF dischargng the prisoner when he should be brought
before me. II seems TO that such a course would
be taking great deal Of responsibility for single
judge.


Counsel-Under those circumstances prefer that
Your Honor do the writ and request you to
indorse the petition with denial Of the application,
that may seek elsewhere the relief asked for
The petition accordingly indorsed as follows:-
"Application denied the ground that the pettoner
Is In confinement pursuant 10 decree OF competent
stokes gathered up his papers and hastily left the
court room, intending, was understood, TO proceed
Immediately 10 Brooklyn, and there renew his appca-
ton before Justice Pratt for the desired writ


Many Of the lawyers who were In attendance at
Chambers, and who had heard the application for a
writ OF haOeas corpus looked nqurngy each other
whom the counsel for Stokes declined have the writ
issue, placed him In the somewhat anomalous
position OF refusing 70 receive what he
had asked the Court a few moments previously 10
grant one prominent member Of the WestchosteF
county bar intimated soto 10 the HERALD repre-
sentative that II appeared though the object Of tho
counsel making tho application was TO disqualify all
the Supreme Court Judges Of the Second district from
sitting al the General Term TO decide on the Stokes
question by Of their having already expressed
an opinion In the case


ANOTHER APPLICATION


During the afternoon Mr.. Brooke appeared before
Judge Pratt In Brooklyn, In the Supreme Court CIR
curt and on tho grounds already mentioned asked oi
a writ Of habcas corpus to test the question 0i
Stokes further detention In the State Prison MT.
Brooke SAID he had applied for tho writ 10 Judge Dyk-
man. bat that the latter refused 70 consider favoraby
his election, especially his refusal did not prejudice
the case OF the applicant Counsel hoped Judge frat
after due consideration OF the matter, would see NJ 'o
grant the writ


Judge Pratt took the papers upon which the appca
tion Is based and said BIO would render oecision 20