The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-11-20
KING nElNEDY,s KONTEMPT.

The Alleged kidnapping Cause.-The Superin-
tendeut Arrnigncd Before the supreme
Court.
This interesting case in which Superintendent
Kennedy Is charged with having made away with
tho body OF the prisoner In order to avoid his pro.
duction before the supreme Court under a writ Of
habeas corpus, came up before Judge Cardozo yes
terday morning IN pursuance OF adjournment from
Tuesday. The examination was held In the General
Term room, which was occupied by large and
interested audience.
Mr.. Howe, in opening the case, sad-n your
Honor please see the superintendent OF Police has
filed reply to the traverse which we interpose
and in that reply he controverts all the allegations
set forth 1t has been well said by an eminent
jnrsr that the writ OF habeas corpus Is the water
lie revive from the death OF imprisonment and
its rights and privileges be usurped or en-
croached upon except In cases OF invasion or war,
by suspension, as your honor well knows. grleve
to say that In this, as IN many other instances.
this superintendent Of Police has evaded the
processes Of this this court, and shall
the Brinsmade case some time ago. and in the case
OF the English forgers whom he sent away In con-
OF habeas corpus which had been sued out in thus
court he teegraphed, in this present case, to Cap
tain Walsh OF the Fourteenth precinct who had
then the reator in his custody, and that that relator
was taken before Kennedy, and Kennedy said to
Walsh, "Give me that man; unless send him out OF
the county In half an hour he wal be habeased.u
And then Kennedy, IN a towering passion, dragged
the man from Walsh and said, .'My orders are that
this man be taken Immediately out OF the CITY," The
poor prisoner who was not the man asked for In the
warrant, then said TO the superintendent, 'Let
me be taken before Judge and 1 will
Upon this several police officials, Captain Jourdan
and Others told the superintendent that he had the
wrong man. notwithstanding all this, Superntend-
ent Kennedy said, 81 don't care process or no pro-
cess ! shall have him sent away" | propose 10
show that this man Crawford was In the building
at the time the superintendent received that writ,
and II show that Kennedy knew OF the existence OF
this writ and changed the place of custody Of the
accused, why, then, Kennedy Is clearly liable for con-
Mr.. Howe then called as tho drst witness Captain
Edward Walsh OF the i4th Precinct, who deposed as
1oIows-Had the prisoner in my custody on the 18th
inst. under the name OF John Crawford in the four
teenth precinct station house, on the morning OF tho
18th reported that had him IN custody to Superin-
tendent Jonn A. Kennedy: at nine O'Clock on the
morning OF the 18th received telegram from the
iha c once 70 ng the to
brought the prisoner TO the Superinendenps ofllcc
at half-past nine O'Clock; inquired OF the Superln
tendent the reason why he sent the telegram 10 me;
he said he wanted the prisoner with the warrant:
asked him what II was for and asked MN where
the Sheriff Of the county was-Mr. Andrews; he said
he was IN the adjoining room: he then sent for him
and he came In, and no told me TO hand the prisoner
over 70 sheriff Andrews, OF Chautauqua county; |
asked Mr. Kennedy II he would give me aome expIa-
nation and he said had refused TO surrender the
prisoner that IN Jrning; said that was fasehood;
] was as ! had slept there during the night;
the sheriff then said ne did not make
Que OF my sergeans, Sergeant Christie, at quarter
before nine In the morning; my orders TO the SER
geant were not deliver the prisoner to anybody;
] told the Snperntendent | directed the Sherif 10
call at nine IN the morning and wouid take MIN
before police magistrate, as the law directs: he
said, "6Ive the prisoner up" told him the war
rant had not been passed upon by any magistrate;
he said, III do not care; take your prisoDer-take
him out OF the county, or he VIII be nabeased or
stolen from you;o told him that the warrant called
for one Luke Eagan, aud that the prisoner was not
Luke Eapan, which ] would prove clearly to him
by detectives McCord Elder and Farley, and also by
Captain Jourdan, that It was mistaken
identity; he SAID he did not care, and In
sisted the 01cers taking the prisoner away: no
then went out of the ONCE ana called In Sergeant