The Cleveland Daily Herald

Cleveland, April 28, 1859

 

 

The Application for a writ of Habeas Corpus Overruled and the Reason Therefor.

 

 

      At twelve o’clock today the following dispatch was received from Columbus:

Columbus, April 18, 1859.

To Spalding & Parsons:

      Supreme Court has unanimously overruled the application for writs of habeas corpus in the case of Bushnell and others, upon the ground that all the cases are still pending in the Circuit Court. No opinion expressed as to the constitutionality of the fugitive act.

C.P. WOLCOTT.

      We may here say, that many legal gentlemen were of opinion that the application of the writ should not have been made until after the rescue cases had been tried and determined.

      The decision of the Court amounts to nothing, therefore, so far as the merits of the case are concerned.

 

 

Correction.

 

      The article taken from the Columbus Journal relative to the Habeas Corpus motion, and which we copied into our issue of yesterday, may have been misunderstood. The last paragraph in that article, which commented very severely upon the proceedings in the cases on trial in this city, should not be understood as a report of the argument by Judge Spalding before the Court, but as editorial comments. As the article was framed, one would consider the last paragraph as reporting the language used by Judge S., whereas it was the editor’s own opinions. The article did not, in its structure, show where the report of the arguments ended and editorial reflections commenced.

      In this exciting case, we presume, Judge Spalding does not wish to be held responsible for more than he says, and beside, such language as there appeared, as used by him, would not be becoming before the Supreme Court.