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The court-room of Judge Walter P. Wright was filled with an interested audience of the greater and unpunished criminals of New York. The application of Barker for a _habeas corpus_, on the ground that he had committed no crime, had attracted wide attention. It was known that the facts were not disputed, and the proceeding was a matter of wonder.
Some days before, the case had been submitted to the learned judge. The attorneys for the People had not been anxious enough to be interested, and looked upon the application as a farce. The young man who appeared for Barker announced that he represented one Randolph Mason, a counsellor, and was present only for the purpose of asking that Barker be discharged, and for the further purpose of filing the brief of Mason in support of the application. He made no argument whatever, and had simply handed up the brief, which the attorneys for the People had not thought it worth their while to examine.