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possession of the station-houses and other property appertain-
ing to the city police, they were in the exercise de facto, of
the lawful powers of their office as police commissioners of
Baltimore city.

Wo deprecate the possibility of any outbreak in any way
that would or might produce a disturbance in our city, and
we shall advise the pursuit of the remedy by mandamus,
instead o force, as a mode of obtaining possession of the
property appertaining to the police board; but we cannot
advise any such action as will acknowledge the right of
Messrs. Hindes and Wood to act in any manner as the mem-
bers of the board of police of Baltimore city.

The case was then proceeded with, and Mr. Alexander said
the great question in the case was the question of jurisdiction.
In the case of a person committed to jail by a court of exclu-
sive criminal jurisdiction, can any other judge revise a judg-
ment of that court? Assuming that you can hear the case,
the next question is: Do the papers on their face state a prima
facie case sufficient to be accepted by the court and made the
basis of its action? The truth of the return may be inquired
into, but the truth of the facts are not for the consideration
of the judge—otherwise your Honor might assume to yourself
the entire criminal jurisdiction of the city, acting both as
judge and jury.

Judge Bartol said he could not determine questions before
they arose. It would be quite irregular in him to explain to
counsel the course they should pursue. If the pleadings are
made up he was ready to proceed with the case.

Considerable time was spent by counsel in preparing addi-
tional pleadings; after which they agreed that no further
pleadings should be introduced, but the evidence should be
taken subject to exceptions, &c.

Judge Bartol said, the question to be determined is, ought
the prisoners now to be enlarged—and whether there is now
probable cause for the arrest of those persons ? The parties
supporting the return must show it.

With the assent of counsel and Judge Bartol, Messrs.
Thomson, Young and Valiant were allowed their parole.

THE EVIDENCE FOR RESPONDENTS.

The respondents first offered the warrants of arrest as proof
of probable cause. They then called—

Wm. C. Crone, sworn.—Is Deputy Sheriff; served the
warrants of arrest against Messrs. Valiant and Young about
11 o'clock on Saturday, November 3d; went immediately to
the headquarters of the new Commissioners, on.North street;
there was a great crowd there; got a hack and brought
Messrs. Young and Valiant to the Court house; the crowd