The New York herald., 1870-10-30
TEE. ALLEN.
10 Is Brought Before Judge Cardoso on Writ
Of Habeas Corpus-The Crowd in At
tendance-The "Bernarnine" Sent
Back to tho '"Tombs."

crowd much larger and made OF very different
elements from that usually to be seen here filed
20 is utmost capacity yesterday the Supreme Court
Chambers, presided over by Judge Cardozo. The
special attractive feature was the production OF
Mr.. Allen on the writ Of habeas corpus issued
by the Judge on Friday AT few minutes after
eleven O'Clock the prisoner was brought into
court by TWO deputy sherins. Very many OF the
crowd had followed him ana his custodians from
the Tombs. IL was motley crowd, politicians OF
larger and smaller fry, reporters, ragamuins gen.
uemen and roughs, all pushing and jostling and
hudded together. Certainly the coolest man Ia the
party was the prisoner and 1t Is certain tnat few
@
as the result OF his imprisonment. Attending him
was his counsel ex-Judge stuart and Mr.. John Sedg-
wick.
As = the Judge announced his readiness TO 10
on with the case Assistant district Attorney Fellows,
lengthy speech, setting forth the why the
prisoner should not be admitted 10 bail. He first
read the papers submitted TO Justice Cox, commit
ting magistrate in which was set forth the allegation
that on SIX occasions the prisoner had lately sworn
Of Mercer and Prince Streets such eatns being made
on going as surety ior parties arrested ana tnaI "a
law, had four four times made a solemn oath that he
was the owner OF the properly: In view OF these
raj on theodore Allen AS the question OF ball.
Ihe other side Will doubtless claim 1t as constitu
This Is lett, under the genius Of our government to
the, discretion or the courts. TO allow all
Ss MSss Ss sns SwgpsS 81 ns
TO resist the application for ball. u is almost OF
daily occurrence In our courts. he referred 10
Cunningham In the bogus baby case. de claimed
that in this CITY, where violations or che law are
often and agrant, where criminals cOngregate 1t was
necessary that the courts should he rigid In the ex-
ercise OF this power in crimes OF less grade than
felony In proof OF this legal authorities were cited
at considerable length. He next alluded to what
no alleged to be his wen known bad re.
putatlon, and insisted that this was sufficient
he insisted been clearly shown that Theodore Allen
had repeatedly comlnltted perlsry; had converted
the solemnites OF oath 10 sham aud nockery,
and had done this TO shield convcts from justice.
He protested most solemnly against admitting this |
500 600 ban for him-tEe bail that could be had
In the CITY, IL was worth CO. 100 to this man TO get
bail, for 1t was not at al likely that once admitted
to bail, he would ever appear Tor trial. In the nte
rests OF justice, behalf OF the community, asked
the Court refuse 10 admit the prisoner 10 baI.
REPLY OF ALIENS COUNSEL
Mr. Sedgwlek, In replying, said that the argument |
Of the District Attorney was simply urging the |
Justice to take Judicial cognzance OF the character
OF the prisoner. The fact that magistrate mad |
no right TO assume bad character on the part OF |
prisoner. He supposed TO be innocent until |
proven guilty This was the orOad clemency OF the
law. AS 10 tue bad repute OF Mr. Alien, one thing
the Distrlc Attorney ONCE, and 1t was not to be
presumed that the officials In tnat Office would
ciale with men OF bad reputation. lLaugnter.)
the District Attorney IN his natural zeal |
had gone 100 far. The statute was simple and ex. |
plict on this point The first inquiry for the mags-
"
there probable cause that the prisoner committed |
this crimef He Went over the legal Authorities cited
by the District Attorney Claiming III turn that they
sustained him exactly IN the ground he had taken,
and then, 10 make the case stn stronger, lie in.
sisted read from other authorities corroboration OF
his view oI the After referring the prepos-
ferrous idea OF bringing forward Mr. Langley, be In
sisted that Ia the records In the Regis |
ters once the property In question is |
eet down as the northwest corner Of Prince and |
Mercer streets, and no. NO 90 Prince street Again,
u a deed could be found from Myers White to
Peter w. Langley OF this property, now could 1t be
shown that TINS deed forgery Much
was lad on the fact that they had not called
Mr. Allen. How was tbisr The enus probendi lay
with the other SIDE. and IL not necessary to cali
Mr.. Langley swore that this property belonged to
him, and that four months later MIR. Allen
swore that the property was his. Was
there any inconsistency In this Could
between thems In the hrst place, he urged In con-
ciusion, that on the other side they had produced
no legal evidence. the District Attorney would
ignore the common law. He asked, against the law
OF charity-against the cunning machinatiOus OF the
law to let him hold this man In violation or all law
can see no one. Ii such a thing should be done, We
might think the heavens would FALL In the second
place, the magistrate admitted no legal evidence.
Where, then was the reason for holding this man
There was no reason for holding INN.
Patiently TO the end without word OF Interrupt
uOn or comment or inquiry, the Judge listened TO
the speeches OF the opposing lawyers He then
announced he would take the papers and re-
serve his decision. Upon This announcement the
the Sherlf's ofice, departed for his place OF tenn
porary soourn In that gray granite temple OF JUS
nce yclept the Tombs. His counsel and the crowd
followed.