Case of Passmore Williamson

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: It is enough that I find, as the case stands now, the plain and simple grounds of adjudication that Mr. Williamson has not returned truthfully and fully to the writ of habeas corpus. He must, therefore, stand committed for a contempt of the legal process of the Court. As to the second motion of the...
More Description

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: It is enough that I find, as the case stands now, the plain and simple grounds of adjudication that Mr. Williamson has not returned truthfully and fully to the writ of habeas corpus. He must, therefore, stand committed for a contempt of the legal process of the Court. As to the second motion of the district attorney, that which looks to a committal for perjury, I withhold an expression of opinion in regard to it. It is unnecessary, because Mr. Williamson being under arrest, he may be charged at any time by the grand jury; and I apprehend that there may be doubts whether the affidavit should not be regarded as extra-judicial and voluntary. Let Mr. Williamson, the respondent, be committed to the custody of the marshal without bail or mainprize, as for a contempt of the Court in refusing to answer to the writ of habeas corpus, heretofore awarded against him at the relation of Mr. Wheeler. After the opinion had been delivered, Mr. Gilpin rose and addressed the Court, stating the propositions and conclusions of the Court in the opinion as he understood them from listening to the delivery of the opinion, and suggesting a motion to amend the return so as to conform to the views of the Court, and to preclude the argumentative conclusions deduced from the alleged surplusage, viz., the added words or at any other time. While he was addressing the Court, Mr. Vandyke rose and made a motion for a commitment, under the seal of the Court. As he began to speak, the Court remarked, the District Attorney has precedence; and requested respondent's counsel, if they had any motion to make, to reduce it to writing. Mr. Gilpin proceeded, remarking that the motion of the District Attorney was not in writing, when the Court said, that his motion was already granted; and as there might be mi...