The New York herald., 1870-02-03
CRIME AND CRIMINAL JUSTICE.
The Interior Press ON tho AdmInistratIon Of
Criminal Justice in New York.
fFrOm the AlUanY ARGUS. Feb. IL

lrIVm tno AOuuv argus, FeD Lei
On the lJtn 0ay OF JaAuary last. one hunry Kelly
was arrested aC Cnerry Valley Dy oulcer S. ID, Rue
VI foIt riain and found In possession OF travelling
oaS containing Implements VI burglary winch was M
tue room occupied by said Kelly W the ho.e mere
no Stopped ,heiy was brought before ar. JACOB
" "eudeit VI Fort Pain, aud after his examination
hau commenced waived further examlnat.oa nd
WAS comuiiLted to the Montgomery county Jau
10 tos awMs WAN sas aGton & oi ine ~ nra.d yary. On
man Was served WAN o writ OF haDeas cor
pus. allowed Ny MIR. Albert Uardozo. one or
tho JUSTICES oi the supreme Court In the CITY
OF New YORK, commanding said sherilr to
nave ihe body VI The SAID Henry Kelly before hun
nall past eu O'CLOCK A. NJ. Acting upder the al.
vice VI Il. Is. Lusnney, his counse., the Sherln
fused 10 take Kelly 10 New YORK, Tor tue reason that
nO bond had Deen given to The onerlf, as required
by law, nor lees puu 70 him Tor Dringn. up pri-
soner Upon Tue return OF tne writ Judgo Caraozo
AdJvurneu the hearing until the 10th day january,
H. Ten O'Clock A. M, ana dlrecled the prisoner W
yive the bono and pay the lees
On tne 34ln day Oh January. 1870, Sheriff Hegeman
WAS tenuered nl5 lees and bono, wnlcn
cined u receive Under the advice Of las counsel,
Tor .ne reason tnat tue bona was inperiecG.
III accordance Win lie statute. Mr. Lusnney Cnen
te.esraphed 10 Judge Cardoze the reason wny the
SLerin declined ~ bond Mud this writ OF
hADeas corpus was dropped
On the .olh DAY Of January SberiG Heyeman was
ssrveI with another writ VI iiabeaS corpus, allowed
ny the same Judge. anu tho wrat tOge .her wltn u
proper Bond delivered 10 onerI and his lees
pLiu. TINS writ WAS returlaDle ut NeW YORK on the
z,tn day Of January, az na.I- past ION O'Clock.
neL ws tne urs,oner. stnr.ed or New Sorx IN ",,ev
tnc sald writ aud " te request OF the District
toruey, Mr.. Il. B Cusnney, "a FONDA went with the
Snerln ~ represent tue people On the hearing.
beiore MAKING return ~ the writ 0f uaDeas CORPUS
Mr. Cusnney cailed Tue attention Of Juuge CaruOzo
Co tile pe.ltiOn upon winch Tue writ WIS allowed.
TAH petition was sworn 10 mot oy tue prisonerl by
so,ie accomplce oI tue PRISONER and DID not state
tnat tnere was no ollcer III the county OF Mont
gonery authorized 70 grant the writ; II there was
oue tldt he Was nOSeut or that no mad refused To
K,Aus Inc writ; or that, lor some especially
set i0rth IN sad peI0n SAID ouicer was Incapable
u acting. MIR. Cusnney tnen raised tae oo,ectiOn
that Juuse Car0Oz0 naJ Jurisdiction aua Gould
not allow the wrt Tor the reason that petitlon
diu not allege these laets anu stated SAID juuge
uat the sttue prOvloeu tnat Tie peLltlon or
some otner PROOF showed these iacIs nlln, then
the power ~ allow sucn Wit was vested Iii some
officer having such authority Residing adjoin-
ing county, ana also called The attention OF Juuxe
justices Oh the supreme Court, resided county
Vi schenectady, adjoining Montgomery county, and
ALSO Augustus Backes another Justice vi said court
VINO resided III the adjoining couuty OF Saratoga.
notwithstanding tnese ooIectols Judge Iarduzo
ruled tlat he had uris lictOn contrary the very
aly ons else except Of certain Judges OF New 1orI
CITY, and II Is rue. OF whicu every Respectable
lawyer Ii familiar, tnat TINS New YORK Judge Rad
no jurisdiction ll the premises, uut mas some
time past been arbitrarily assumed by judges
IN New YORK city, VINO have granted lnJuGc.I0ns
ANA orders without nunOer during the past year.
The sheriff tnen maue his return To SAID writ OF
haDeaS puS. tnat no held said Kelly by virtue OF
commitment signed ny JACOB Wendell a copy og which
Was annexed u the wrif. The cuunsei Tor Kelly
mr.. w. r.. Howe, Of New York Dotorety, aamtleo
tnas the commitment charged The prisoner with
u msdemean0r under the OF 1862, but
as alr. Wendell VINO had also been served
with q writ or certi0rar1 to bring up the evidence
on kellys examination before him, hal not made y
proper return 10 the sand wrt the IurtLer hearl0g
of the matter was postponed until the 4th day OF
February next, az ten O'Clock. Wnile the argument
Of counsel was gong on a number OF keliy's asso-
ciates IN crime entered the court room one OF whom
stationed himself In the door. and wnen IL WAS an
nounced by Judge CaruOz0 that the hearing was
adjourned until teOluary the prisoner, with aid OF
MS IrIeud stepped out OF the door OF tue room and
escaped. The Sheriff, seeing the prisoner move 10
Inc door, started after HIM, out was prevented from
d0or, and VINO was undoubtedly the prisoners
friend. The prisoner Ii undoubtedly q bold ana
daring operator and mas been connected with some
OF the recent bank roDberles about the country. lie
Ii an Engshmaa by birth; about five feet inches
hlgn, and about thlrty-hve years 0i age.
When he was committed TO jail he wore very heavy
side whiSKers, but alter his confinement shaved
them on, undoubtedly Tor the purpose OF avoiding
recognition by persons AID ouicers VINO were vislI
ing the JAIL for tfat purpose. Strong hopes
te,tained that the prisoner may be caught but tho
sheriff deserves TO O0 cenBured for his carel0ssness
In not properly securing mis- prisoner to prevent MS
attempting 10 escape, and II he mad Deen properly
handcu1ed there Is no doubt out that tile PRISONERS
fren0s IN New York would have maze an attempt To
rescue him, for - believed that tue prisoner one
O the most expert OF hs profession In this country
Thus, you see ny the operation, Judge Cardozo IN.
suming authority to do what ne has done, notOri.
vhlain ~ turned loose the community 10 rob,
aud, II necessary, TO commit murder In 0raer 10
carry out his plans