Melville Fuller

“ Andersen v. Treat
The rule that the writ of habeas corpus cannot be made use of as a writ of error being firmly established, the contention of appellant's counsel is that the judgment of the circuit court, the judgment of this court, and the action of the circuit court in pursuance of our mandate, are wholly void, because he was denied 'the assistance of counsel for his defense'; that is, the assistance of counsel of his own selection. ”

“ The papers introduced before the district court, by consent, tended to show that Morris had not been employed by Andersen prior to November 8th; that the five members of the crew other than Andersen authorized Morris on that day to represent them; that the district attorney had had no interview with any of the prisoners up to the morning of November 8th, which he informed the attorney it was imperatively necessary, in view of future action, that he should have, and then, if the prisoners employed him they would be at his disposal. ”

“ McIntosh actually represented him from thence onward, contesting every step of the way, until, after having obtained a writ of error from this court, and argued the cause here, his petition for a rehearing was denied. ”