52

with having unlawfully conspired together with unknown
persons, by force and arms, and with the strong hand, to ex-
pel, remove and put out Samuel Hindes and Nicholas L.
Wood, police commissioners of the city of Baltimore, from
the offices, building and property now occupied and possessed
by them as such police commissioners.

The return in each of the three cases was similar, except
that the warrant against the Sheriff charged that he was en-
gaged in an unlawful assembly, rout and riot, with certain
persons unknown, to the number of one hundred or more.

Mr. Schley said that the amended warrant, dated Novem-
ber 5, was issued under what system of proceedings and what
practice he is unable to say. He will not attempt to explain
the probable motives, in view of the circumstances:

ANSWER TO THE RETURN.

Mr. Latrobe then read the answer of the counsel for peti-
tioners as follows:

In the matter of the application of James Young for a writ
of habeas corpus, before the Hon. James L. Bartol, Judge of
the Court of Appeals of Maryland.

The petitioner in the above cause, by his attorneys, comes
here into court, and as to the return made by Thos. C. James,
the warden of the jail of Baltimore city, to the writ of habeas
corpus heretofore issued, requiring the said warden to produce
the body of the petitioner before the judge issuing the same,
without admitting the truth of said return, says that there is
not, from anything apparent on the face of said return, and
the exhibits therewith, or in the facts of this case, sufficient
legal cause for the detention and confinement of the petitioner
by the said defendant, the warden aforesaid, inasmuch as the
petitioner alleges and is ready to prove that he, the peti-
tioner, together with Wm. Thomas. Valiant, were duly ap-
pointed commissioners of the Board of Police of the city of
Baltimore, under the great seal of the State, dated on the 2d
of November, 1866, and that, having qualified under the said
commission, accordingly, the petitioner, and the said Wm.
T. Valiant became entitled to exercise and perform the duties
appertaining to the said office, in the city of Baltimore, with-
out the let or hindrance of any person whatever, and without
being obliged to resort to any legal tribunal to establish the
validity of the said appointment, or to authorize the petitioner
and the said William T. Valiant to proceed forthwith, after
they had duly qualified according to law, to discharge its
functions, and the petitioner further, by way of plea, says
that the order of the Criminal Court of Baltimore city, in the
following words, [the order of Judge Bond directing the com-
mitment was here recited] was altogether, unauthorized and
passed without regard to the rights of the petitioner and the
said Wm. T. Valiant, inasmuch as it assumed that the im-