New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-05-22

foregoing fac deponent believes that LIS boihg baed Is
nero prcense TO get him ont Of the custody Oh INC
law, and thus dofeat the ends Of Justice. ,,,,
Abner B. HewComb, United states Deputy ,nloI5ha
December 1906 TO assist The Government in the sNppres
son G. comteiiclins. eia mac Ienops Iron <hat
in March, 1867, Bfuckway made proposition 20 dcpon
90 break Into the poUghkceptc Jail, IN Dutches~ Goa i'r
the purpose q rcsculng therefom Two prisoners, Wh'
would pay Goa ug tho service; that dep0acnt cDmmun-
Gated this conspiracy 10 United States Marsial Murray.
ana took steps 70 cap1e BockWay and ne rSsl OF t9
party; and further thai Br0c'way proposed 10 dcpOncnJ
to wayqy and rob Joseph Thompsuu, United States Dep
utyarsa or certain personal hcts, consisting OF da-
mond studs, money &C.. also another proposition to- de.
fraud the Government OF the United states Of1G0 barrels of
WHISKY. then unGer seizure by Inspector luther Horton
by taking c by surrcpoHs measure, out or
the custody oi the Government officers; that Bf9ckWay
articles from him at prices greatly below theirreal worth.
p6nent f9rfhcr swcars that ne Communicated ali these
suspcions H. g. Marshal Murray. with the view OF
U. s. Marshal. aud to Col. VIM. i. Wood, Chief Of the
Secret Service Division that Brocway was not fulfilling
and recommended that he be taken into custody; that,
pending the arrest OF rOcway, GepOnent communicated
with Deputy Marshal Thompson. and with Inspector lior-
ton and Informed them about to be taken
10 arrest Br0cllway that deponent heard Brociway,
falsely against Dan Noble" Dutch HcnTcks," any
other person the Marshal might namei and deponent
further swcaIs that r0ckway told him he had been con
fined two years Clinton Prison, and also one year III
some place in assacusetts;
Deputy United States Marshal Joseph Thomas dep0ses
and says: Tint time during February 1861 Opponent
was informed by Marshal Murray that conspiracy had
been organized to Wayy aud rob depOnent OF certain OF
lis personal effects consisting Of diamond studs, worn by
deppaent 10 and from his place of business and that me
said piracy had originated with Broc.,way that de-
pOnent was also warned by Deputy MalSial NeWconD,
then operative IN the Secret Service DIVISION OF te
Treasury Department O. DO cautious whenever he met the
c ~, Of r6y,v c fSra7ed in conScanence of
the information alluded TO- and that deponent took no
legal steps In the matter because no Informed that
Broclway was about TO be taken into custody by the
Government on the charge Of cDu1tcneiting
Mr Courtney then resumed his argument against the
defendant being baed in = small amount and said the
a
there no doubt defendant intended To escape gwen
the opportunity Ills (Mr. Courtucy's experience in
such eases was that men like defendant. when baied
Immediately ab3c0nLed not turning until the witnesses
Withcr In fle case Of "qe United states agt Henry
Holmes. alias Henry Hall alias Little Hank" which was
not bad the present one no. the defendant
anything like desperate character, $4,000 had been
required There is no doubt IA this Ease that defendants
object Is to escape and but niue doubt thI ne mas maze
an arrangement % lndcun,y his surety, Inc defendant
is certainly entitled to be admitted to bail in United
States COnr-the statutes rendering imperative thee
being discretion in the matter as there Is IN the state
Courts. The only question il as TO the amount, and
trust in view OF all the circumstances OF the case that
Your Honor viii name an adequate amount
Mr. Howe again protested against excessive bail being
required and thought that tho afidavits read by Mr.
Courtney did not furnish sufficient reason for large
amount being required, the matter they contained not
being pertinent 10 the present case even u tIe ana
great deal OF 1t being merely surmise and speculation
and. further the Government had no right to assume
that defendant, II bailed, would run away.
Commissioner Osborn rccapitulaed the circumstances
at s. 900 opposition having then been made and Col
wood having Informed him that Brockway had rendered
missioner SAID further, that defendant entitled to
bail the amount being left to the sound discretion of the
Court taking into consideration the surrounding crcum
stances That n defendants character was as represent
ed By the DistCtAtoey and there was no reDuttal OF
the facts rs presented by him. IL question with HIM
thc Commissioner whether a large amount should not
be required .
Mr. Howe said he been but recently employed in tho
case and would like 10 rebuff the allegations or the
District Attorney.
Commissioner Osborn then said that an indictment was
pending against defendant, and trial soon expected;
and unless his counsel could show that Dal was hfcs
sary account OF defendants health being impaired by
his imprisonment his family suffering on account of It,
some other adequate cause, ne tne commissioner
thought he with the Dlsrict .ANOfhey tat
high bail would be required but he would give counsel
until tomorrow morning his hlornlhsl 10 snow cause
why large amount should not he required after WHICH
he (the COMMISSIONER would decide the question.
Mr.. Courtney said he thought " was strange when
everything ready TO the defendant IN lew days
should be made not only by counsel but by otherS-hc
Uhc District Attorney having been run down and be-
Seged night and day numerous friends OF the defend
ant allow defendant 10 be bacd for small amount;
numbers these friends having told the most abOmna
bile lies To- accomplish their object.
Mr. Howe Il very difficult ~ get bail In these cases
when the amount required Is large 49,
Nr. Courtney" Why do you want bail"
AF. Howe" Don't know that DO. II tho facts are "a
stated b. you relation TO defendants character, and
but few days will cnpsc before trial think defendant
might as well remain IN iail until his trial"
Commissioner" Defendant, 10 seems, VIII be tried
aud strong evidence has been given OF ms des
perate character. think shall require high ball. unless
good reasons can be- shown that moderate sum Is SUI
nclent.
This ended the proceedings and nothing further will be
done in tie matter uness which seems hnprohabit Dir
Howe should appear this morning and either tender hge
amount OF good bail and satisfactory bondsntn or sat
fy the Commissioner that moderate amount Is al that
Is required.