Municipal Court—Case of Jeremiah Smith.
Thursday, 30.—Municipal Court met at 10 a.m., over which I presided as mayor and chief justice. Present, William Marks, Orson Spencer, George W. Harris, Gustavus Hills and Samuel Bennett, alderman, associate justices Jeremiah Smith, Sen., was brought up on habeas corpus from the custody of T. B. Johnson, the complainant.
T. B. Johnson being called by the court answered that he did not acknowledge the jurisdiction of this court; that his writ was only to keep Smith until he could get another writ for him; that Mr. Hickock had a writ from Judge Pope, and he considered Mr. Smith his prisoner, and he attended this court as a matter of courtesy; and if any one offered resistance, he was instructed by Government to give their names, &c., and wrote the names of the court, &c.
Smith's counsel replied to such a subterfuge writ.
The court thought it due the court to hear the reasons why the jurisdiction of the court was not regarded.
T. B. Johnson said he did not come to make a speech; but was instructed to arrest the man. He intended to make no defense. He was an agent of the United States. "Your writ of habeas corpus had nothing more to do with this case than with a man in the moon. I have not been able to get authority, and did not come to make defense." Read from Charles B. Penrose's handwriting (so purporting) 33 sec. of Act Sept. 24th, 1789, Act of Congress. Had agreed to wait the decision of this court, but had not agreed to abide the decision.
James A. McCanse was called by the court and asked, "Do you subscribe to the decision of Mr. Johnson in the matter?"
McCanse would not decide. Would like counsel.
T. B. Johnson said he did not ask any favors of the court. He was a United States agent.
Councilor Hugins said—"If McCanse surrenders his claim we will not go into the merits of the case; but if McCanse claims the prisoner, we will go into the merits."