Shanks' Case
New York Supreme Court
Mr. Wm. G-. Shanks, city editor of the Tt'ibune, was committed to the county jail by the oyer and terminer of Kings, for contempt in refusing to answer questions put to him before the grand jury as to the authorship of an article in the Tribune.
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Mr. Wm. G-. Shanks, city editor of the Tt'ibune, was committed to the county jail by the oyer and terminer of Kings, for contempt in refusing to answer questions put to him before the grand jury as to the authorship of an article in the Tribune. The next day he was taken by the sheriff to New York, pursuant to a writ of habeas corpus ad testificandum., and while there, his counsel obtained from Mr. Justice Ranchee, at Chambers, in New York, a writ of habeas corpus, to inquire into the legality of his commitment in Kings county. When he was brought before Judge Ranchee pursuant'to this writ,…
1Opinion of the CourtFancher, J.
It will be proper to dispose of some preliminary questions before considering the merits of this matter.
1. During the proceedings it was objected by the district attorney of Kings county, that the writ of habeas corpus was improvidently issued by a justice of the supreme court when the court was in session. The statute under which the objection is made is itself an answer to the objection. It provides that application for the writ shall be made by petition, (1) to the supreme court during its sitting, or (2) during any term or vacation of the supreme court, to any one of the justices of the…
2Cases cited11 opinions
- People Ex Rel. Hackley v. KellyNew York Court of Appeals · 1861
- People v. HicksNew York Supreme Court · 1853
- Ex parte BeattyNew York Supreme Court · 1834
- People ex rel. Trainer v. CooperNew York Supreme Court · 1853
- People v. Sheriff of New YorkNew York Supreme Court · 1859
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3Cited by1 opinion
- Blake v. SmithSupreme Court of Rhode Island · 1896