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to me at the time this statement was made, that the nearest
hack stand would have been a more appropriate place to
search for a conveyance than the Circuit Court room of the
city of Baltimore. Whether this is but a part of the system
of delays and procrastinations resorted to by the other side,
it does not become me to say, and I do not say. The result
is that we are here awaiting the Warden's obedience to the
Court.

Judge Bartol said: I think there is a provision in the code
allowing the Warden, in such cases, a certain time within
which he may appear and respond to the writ. I do not
remember precisely the provisions, but I think it allows the
Warden three days for the service of the writ.

Mr. Schley said: Three days is the time limited, except in
cases of distant residences. I would suggest that under the
common law the party is bound to respond immediately to
the writ. I think preference ought to be given to this great
writ of right over all mere criminal cases.

Judge Bartol said: The writs were issued on Saturday after-
noon, at about five o'clock, I think. It was my expectation
that the writs would have been served that evening. It seems
that they were not served until this morning, and the delay
which has occurred is not unnatural.

Mr. Schley said; I think it would be better to wait a rea-
sonable time.

After waiting until about half-past ten o'clock, Mr. Hor-
with said: We have waited nearly one hour and a half upon
the Warden to bring in the prisoners in his charge, under
the exigency of the writ issued by your Honor. I don't
think, under the circumstances, that there is any probability
that he designs to comply with the requirements of the writ.
The law, fortunately, has provided a remedy ia a case of that
kind. I ask your Honor's attention for a moment while I
read a petition I have here prepared, under the habeas corpus
act.

Mr. Alexander here appeared in Court.

Mr. Horwitz continued: Seeing my learned brother appear
in Court (Mr. Alexander) I inquired whether those parties
were to be brought in, and he says he don't know.

Mr. Alexander said: I will state that I had understood Mr.
James, the Warden of the Jail, was in consultation with his
counsel, and that some time would be required to prepare a
return, but that is a mere understanding of mine, to which I
cannot pledge myself.

Mr. Horwitz said: I have heard from Mr. James, and his
answer is that he is in a bad way, between two fires.

Mr. Horwitz having read the law above referred to said:
Your Honor will observe that by the 4th section of the same
article, the writ of habeas corpus is directed to the party hav-
ing the persons in custody, and is served either by leaving it