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THE COURTS. Law Report—Reported for the Buffalo Daily Courier by Louis Feeser, Stenographer. June G. Supreus Court—Eris County.—Hon. Noah Davis, Justice, presiding. Albert Sherwood and John H. Dought, vs. Lorenzo J. Bovee. Case tried by the court, jury waived. Judg ment for plaintiff for $2,298 11. Sprague Fillmore for plaintiff. Wakeman Bryant contra. Thomas J. Sizer, an executor c., vs. Grosvenor Clark. Action on a note. Jury waived, and the case tried by the court. Judgment for plaintiff. Miller, vs. Miller. Cause reported yesterday. Re sulted in a verdict in favor of defendant. Charles H. Watson et al Morgan, vs. B. Miller im pleaded with others. Jury trial waived and cause tried g before the court. Judgment for plaintiff for $375 97. Humphrey Parsons for plaintiff, and Thad C. Davis contra. Jasper Dodge vs. Marcus Letson. This case which was taken from the Jury and the before the Court on a question of law resulted in an or der of “non-suit.” Court of Sessions.—Hon. Stephen Lock wood presiding. Messrs. Thomas Russel and John F. Morey, Justices of Sessions. The People va. Catherine Spencer—Larceny after a felony,—found guilty and sentenced to seven years im prisonment in the Erie County penitentiary. Said to be a hard case. In the case of the People vs. Levin, Blackley and Con way, the jury rendered a verdict of guilty of the charge of assault and battery. Same vs. Bridget O'Grady, Petit larceny from the person. Court directed a verdict of—‘not guilty.” SupeRiOR Court. —Before His Honor Judge Clinton. Return to the Writ of habeas corpus in the ‘Fenian case” disposed of as to a portion of the petitioners. The bodies this “Liberty Writ” called for were brought into Court this morning so far as they were in possession of Capt. Bryson, the Commander of thhe U.S Steamer Michigan. Sherman $. Rogers, on behalf of Captain B., stated to the Court that they are prepared to submit the re turn to the writ in question. He then read the rturn which referred only to three officers of the Fenians, namely — John O’Neill, John Hoyt and Hugh Mooney. The following is a copy of the return as read and pre sented. United STATES STEAMER MICHIGAN, June 6, 1866, , The undersigned, Andrew Bryson, Commander of the United States war steamer Michigan, now lying in the Niagara river near Buffalo, respectfully returne to the annexed writ that he has imprisoned and detained the bodies of John C. Neill, John Hoy and Hugh Mooney nowhere produced, in obedience to said writ, for the following cause, to wit. On the 81st day of May, 1866, and for several days im mediately previous thereto, a military expedition, con sisting of upwards of five hundred men, known as “Penians,” was set on foot at said city of Buffalo, to be carried on from the United States of America against the territory and dominions of the colony and people of Upper Canada with whom said United States then were and now are at peace. That on the night of the day last aforesaid, or on the morning of June lat, said body of men, armed with muskets and other weapons of war, did, in prosecution of said military expedition, cross the Niagara river at Buffalo into said Upper Canada, and did, on the suc ceeding day and the second day after such crossing, have one or more skirmishes with the military forces of said colony and people. That thereafter, and on the morning of the 3d inst., a part of said armed force were discovered in a scow on the Niagara river near Buffalo, apparently returning from said Upper Canada to Buffalo s foresaid. That they were about five hundred in number, and still arm ed, and were returning, as the undersigned verily be lieves, with the intent of still further prosecuting from said United States said military expedition or enter prise. That thereupon the undersigned, being then in com mand of said war stormer Michigan, and the naval for ces thereon, did, im pursuance of authority received from the President of the United States, make said Fen ians prisoners, and at the time of the service of this writ did detain them as such. That among the prisoners so taken and detained were the said John O'Neil, who was the military command er of said expedition, and said John Hoy and Hugh Mooney, both of whom were officers in the said armed force. That the said O'Neil, Hoy and Mooney were each engaged in said city of Buffalo, in setting an ex pedition on foot, and did accompany the same from this city. That the said O'Niel, Moy and Mooney, were on the 5th day of June, instant, arrested and taken into the custody of Albert G. Stevens, one of the Deputy Marshals of the United States for the Northern Dis trict of New York, under and by virtue of warrants issued by Perry G. Parker, Esquire, United States Commissioner, copies of which are hereunto annexed and that the undersigned now holds the bodies of the said O'Neil, Hoy and Mooney under and by virtue of said warrants for and at the request of exuld Deputy Marshal. A. BRYSON, Commander U. S. N. State of New YORK, gn Erie County, Orry or BUFFALO. Andrew Bryson being sworn says that the foregoing return by him signed is true, of his own knowledge, except as to the matters therein stated on his informa tion and belief, and as to those matters he believes it to be true. A. BRYSON. Sworn before me, June 4th, 1866. GEORGE W. WALLACE, Notary Public for Erie Co. After the above return had been read, Harmony. Cutting rose and addressed the Court as follows: I desire to say on behalf of the gentlemen whom I represent here, that it appears by this return that the persons named in the writ here are by virtue of a war rant issued by the United States Commissioner, charg ed with an offence under an act of Congress, of 1818. There is some doubt in my mind as to whether this warrant comes within the exception of the Statute, yet, if a satisfactory disposition is made in this case, I have no desire to traverse this return. These men were arrested under warrants returnable to the United States Commissioner, and, if we could be persuaded that upon their appearance before him they would be released on bail, we would take no further action in the case, and we would content ourselves to be taken be fore the Commissioners in pursuance of the process. Court—Our duty is very plain, simply judicial. I think that it is right, that I shall now repudiate any power or authority to interfere advisory or otherwise between the litigants. To the Counsel:—You say, if certain arrangements could be made you would not traverse this return. I suppose that is a mere intimation to the counsel for the Government. Mr. Gnlling desired to have it so understood. Henry Box, who appeared for one of the prisoners, then rose and stated to the Court, that so far on his case is concerned, he had no doubt, but that in case of an examination before the Commissioner, his client could prove himself guiltless of the charge made in this re turn, on his part he would be satisfied that his client be remanded on this proceeding and brought before the United States authorties. Mr. Cutting: This would be the best course to be taken in the case and we are willing that these per sons be remanded, and be brought before the United States Commissioner. Court: If this is the case with the three persons mentioned in the return, the return is held sufficient, and they will be remanded to the custody of the Mar shal. The Judge then inquired, whether he should con sider the other writs abandoned; the counsel for defen dants however were not ready to respond. The Judge thought the parties should be as little troubled as possible. It was then mutually agreed that the other writs should be held in abeyance until to day (Thursday) morning, at 9 o’clock, when the matter will have a final hearing, at Chambers. In conclusion, the Judge remarked, that he would not consider it as a contempt if the commander of the “Michigan” should not produce the bodies of the pris oners to-morrow. The Court then adjourned. CHANGE OF SCENE. Before United States Commissioner Perry G Park er- Charge read to the prisoners, to which the prisoners plead— Not guilty.” Mr. Cutting stated that his clients were ready to give bail; the Commissioner intimated that his duties re quired him to proceed to the steamer Michigan to take the recognizances of the prisoners still under arrest there, and release them; and he held that their cases should receive immediate attention. It was then agreed that the matter of bail will be de termined this (Thursday) morning at 9 o’clock. If The prisoners then had the satisfaction of being marched off to the Erie County Jail, we hope they will find their quarters as comfortable as that institution will admit of. In consideration however, of having progressed and effected a change from a court martial to a Civil Court, they may find some reason to be at least relatively thankfull. Happiness is at best rela tive and not absolute. Police Court.—Before Justice Albro, June 6th. Anne Haefner, assault and battery on Frank Winck, fined $10;—Elizabeth Winck, assault and battery on Anne Haefner, fined $10;—Samuel Freeehé, assault and battery on William Wilcox, fined $5;—Louie York, assault and battery on David Kremings, fined $2. George C. Ogden and Bernard Fausett, charged with robbery, were further examined and were fully com mitted for trial. Ansel Chappell, charged with obtaining money by false pretenses, waived examination and gave bail to appear at the next term of the Superior Court. VICINITY LEMS. Fenian Bonds to the amount of $1,800 were sold in Cleveland, Monday by Mr. T. J. Quinlan, of the News Depot, Ontario street, who is the accredited agent there. Saturday night burglars entered the house of a Mr. Paine in Brockport, administered chlo roform to the inhabitants and then took what they wanted. The same game was played Monday night at the house of L. D. Hurd, in Holly, probably by the same parties. No arrest has yet been made. —We understand the stock of the Dunkirk and Fre donia Railroad is now all taken, and contracts for ma terials and construction will probably be made this week.— Fredonia Censor. This, our citizens know, is to be a horse car railroad. Four gentlemen of Jamestown, rowed a boat, last Saturday, the whole length of Chautauqua Lake--twenty-one miles—in two hours and fifty seven minutes. They were betting on time. —Under the head of ‘oil lands, dog-cheap,”’ the Titusville Club, a new paper, says: It is a fact that an interest on the McKinney farm, near Pithole City, was sold last week for the considera tion of a “bull-pup” and one hundred dollars in Oil City money. —One of the Rochester papers says: It is reported that a member of our Fire Brigade went to Buffalo,on Monday in company with an ex-member, for the purpose of being present at a parade of the Fire Department of that city. While there they concluded to visit Fort. Eric and look over the scene of the recent Fenian exploit. They did so, and ‘reached the Canada side safely. Returning, was not so easy, however. The Canadians suited them‘ of being spies or Fe nian recruits, and detained them. The ex-fireman subsequently made his escape, and has returned home. The fate of his companions is not known.
Newspaper Details
Buffalo Evening Courier and Republic
Buffalo, New York, US
Thu, Jun 07, 1866
Page 3
Full Page
Clipped by
Zea H.
USA 07 Jun 2026
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