The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-11-23

Inc AHe&ed Chautauquu County BurgIar-kxs
animation into the Cnse acknowledgements.
tendent Kennedy in COurt-The Relator nnd
the Superintendent OBSERVATION-DISCLOSURES
TestinOny-The Case Submitted for Deci-
sion.
Yesterday afternoon the further hearing In the
matter OF the haoeas corpus issued in behalf OF
John Crawford, alias Luke Eagan, ana OF the con-
tempt proceedings against Police Superintendent
Kennedy, was resumed before Judge Caruozo at
Chambers OF the Supreme Court. superintendent
Kennedy was present. together with the alleged
victim OF his official interference. good deal OF
interest was manifested IN the proceedings Judging
from the audience that flied the court room, and
freely and fully canvassed the affair for some time
prior to the opening OF the evidence.
The first witness examined by Mr.. Howe was Alex
ander o. McGrew, VINO testlhed:-0n the 18TH OF this
month | was at Police Headquarters, No. 800 Null
berry street, ana saw man there who went by the
name OF Crawford or Luxe Eagan he was sitting
In chair In room adjoining that Of Mr.. Kennedy;
was there when the prisoner was brought before
the superintendent; Captain Walsh said that the
warrant Irregular that it lacked the proper en-.
dorsement and that he wanted the prisoner to go
before magistrate; Mr.. Kennedy was considerably
excited and gave orders for the removal OF prls
oner beyond the county limits; there was some
thing said about jersey; l understood him to
say, Gwen IL the prisoner mad to be taken
INTO Jersey to take HIM out;' this was between
hal-past ikne and ten IN the morning; the prisoner
rose III his seat and SAID ne was not Luxe Ea2an,
that his name was Crawford and that assertion was
also corroo1rated ny one or Two OF the detective
Walsh; tne prisoner aso demanded that he should
be taken before magistrate; don't know that the
Superintendent made any reply, but he appeared to
be very anxious 10 get him out OF the county; he
said, rake him out Of the cOunty-haye him with
out the boundary OF the county wiinin half an
kennpuv asked
detail two officers to so with hlm
On being cross-examined by Mr.. vanderpoel the
witness direct evidence was not shaken.
John Crawford, the reator, was then placed on
the stand and examined by Mr.. Howe as fOliows:-
My name Is John Farrell, but went by the name OF
John Crawford on account OF my relations, and be-
cause did not want my name 10 appear in the
newspapers: j. q. Farrell is my name; was ar
rested In this city week ago last Thursday night
outside F0rences saloon corner OF broadway and
Houston street, at about eight O'clock by police
man; was taken 10 the Fourteenth precinct sta
ton house, over wnlcn Captain Walsh has charge;
next morning was taken TO Police Head quarters by
Captain Walsh and the man who arrested me the
superintendent Captain Walsh asked hm II lie had
sent telegram for him; he SAID "fes;n the captain
asked hlm what 1t was for and the superintendent
asked for John Crawiord the Captain said, .sIhat Is
the prisoner heren the Sheriff SAID, III want to get
you away from here;" said, "Won't you give
not Eagan" they fetched in three or Jour
oncers to know il. l was Eagan, and they
looked looked a. me aud said that was not my
"
SAID. Gentlemen, this is mistaken identity; give
me chance TO prove my innocence; the superln-
MN, ~ never knew to Kali or hurt any cody,
| guessfn he said, "If you do not get HIM out OF
ahe state or county cam say which inside Of half
go before Judge; he would not listen to me ut all,
, Suy every word vas aay with The Assassin ?,
eleven or twelve O'Clock on Saturday, and
they fetched parties from pennsylvania,
Mayvllle and jamestown to Identity me, but they
could not, and they discharged me without any eX-
animation at all; told the superintendent before he
sent me away that was not Luke Eagan.
The witness underwent searching crOss-eXami-
nation by Mr. Vanderpoel and gave pretty straight
account Of himself. his direct testimony was not
materially affected.
Abraham Ii. Hummell law partner Of Mr. Howe,
was examined, and Identified the writ OF habeas
corpus shown him as the one procured for service
on Mr.. Kennedy IN this case; the writ was granted
by Judge Cardozo quite early the morning OF the
18th; 1t might have been about nine O'Clock.
Cross-examined by Mr.. Vandefpoel.- Served the
aud went to serve the same on Captain Walsh
about eleven O'Clock IN the day; did not see him;
one; then about one O'CLOCK went 10 police head
quarters, but did not see Mr.. Kennedy, wanted 70
see HIM, but could not see him; they told me he
not Ia his Office.
John a. Kennedy, the respondent, examined bv
MIR. vanderpoel.-I am superintendent OF Police In
this Metropolitan district; recognize the prisoner
as the man that was brought IN by Captain Walsn
he claWel then to be John Crawford; be
did not claim to be John Farrell; the first heard OF
this man was within few minutes OF nine on the
morning OF the 18th. when the Sheriff OF Chautau.
qua county came in and told me there was dill
Guilty between him and the police OF the Fourteenth
precinct; telegraphed Tor the prisoner, and he was
brought to my office; he arrived there about half
past nine O'Clock; Captain Walsh came with him,
and the patroman who made the arrest; Mr.. An
drews, the Sherikof Chautauqua county. was there
and his assistant; they both OF them told me TINS
was the man mentioned In the warrant: Cap
Luke Eagan, but that he was another man who
resembled Luke EaQan very much; the Sheriff said
In had 1Av.1.f hahn
whether that was his real name or not, Captain
Walsh and Captain Jonrdan had seen him the night
before and said that was not Luxe Eagan; the Cap
tain also said that the detectives the once would
be able to establish the fact that he was not Luke
Eagan; Responded to that by saying he was very
poor thief that had i not MAJ, dozen names ana 4
felt 1t was proper that the Sheriff should
have the man; ! was also anxious 10 relieve
that regarded INN 10 be in, because he had ar
rested man on q warrant from a magistrate ia
ly endorsed; after had given the man into the
tody Of the Sheriff heard some talk OF stealing him,
and called on Acting Captain Kelso to furnish
projection; had not up to this heard anything
about an application for q haDeas corpus: | heard
nothing OF it until ABOUT ten O'Clock at night when
was In the LADIES' Union Fair up Broadway; was
In my office all day up TO four O'Clock; had no
knowledge OF Mr.. Hummers having called at my
Office had n9 pssagn s Of avoiding the writ Of
CD crosse Examination by Mr.. Howe the witness
denied That he had used the exact words attributed
TO him by Captain Walsh, but admitted he told the
Sheriff when he delivered the prisoner into his hands,
ar were In your place would have that man
across the river in half an hour into New Jersey"
lie denied that the prisoner told hun he was not tue
man called for in the warrant.
Mr.. Howe addressed the court commenting &c.
verely on the conduct Of Mr.. Kennedy aud asking
that he should be dealt With for O misdemeanor and
contempt.
Mr.. sanderpoel replied, contending that to punish
person for contempt there must be notice that the
process was In existence before the party could DO
alleged to DO IN contempt
Judge Cardozo took the papers and stated that he
would render decision as soon AZ he had an oppor-
tunity OF reading over the testimony.
BllQDy ARRAYS AMONG SPORTING MEN,