New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-01-02
CONNOLLY RELEASED.

JUDGE BARNARD ADMITS TIE Ex-CONTRoLLER
TO BAIL IN $4,000 UNDER THE CRIMINAL IN
DICTMENIS-A CURIOUS SCENE.
1t was generally supposed that ex-COntroller
Connolly would spend New Year in Ludlow ST. JAIL but
his indefatgabe counsel not only succeeded yesterday
In giving bail for him IN $4,000 in the civil suit, but
likewise accomplished the delicate task OF securing bis
release under the criminal indictments pending against
him. At II a. m DisrictAttorney Garvin and Assistant
DisrieAttOrney Sullivan seated IN the District
Attorneys Office, engaged gin examining the criminal
calendar for5January. They met accidentally. and
each remarked that he had expected 10 see the other
but had gone 10 the Office on business look up points Of
law In cases which would tried during the presentweek
While they quietly looking their papers they
suddenly interrupted by officer from the sherfs
Office who informed them that writ OF habeas corpus In
the case Of Controller Richard b. Connolly was re-
turnabe m before Judge Barnard at his chambers
Distrct-Attorney Garvin applied at the sherifs office
for additional information and ascertained that the
matter in hand application TO release exConro
Ter Connolly from Ludowst. jail, and 10 admit him To
bail The DstrictAttorney was then allowed only 30
minutes TO make preparations for opposing the motion
Precisely at u TO- Judge Barnard took his seat on the
bench There few spectators in the courtroom to
witness the curious that followed. Sheriff Bren
nan entered tho courtroom with ex-Controller Con-
molly who smiled pleasantly upon his friends as II he
we're already assured the end Of his bondage was
near at hand. Surrogate Hutchings, Joel A. Fithlan
Rufus F. Andrews. and John McKeon formed group az
one side and District-Atorney Garvin and Assistant
District Attorney Sullivan opposite them, waiting
patiently in behalf OF the people 10 see the development
OF this strange proceeding.
Judge Barnard, when everything was in readiness
addro ssed his auditors as follows:
"a petition for a writ OF habeas corpus In behalf OF
Richard b. Connolly has been presented 10 me, and
have directed that notice should be sent to the Dis
trctAt tOrney. that he IL here IN court, and am
now ready to hear from him."
DistrictAttorney GsrviD read the sherifs return,
which was 10 the effect that that officer held Richard B.
Connolly on civil proceedings in 100000 ball.
and also on Is bench issued crimn nal ndict
ments Judge Garyin then opposed the admission Of the
prisoner to bail, speaking substantially as follows;
object to the prisoners being bacd first, because M
Court Of over and Teriner is now In session and oy
statute all writs Of habeas corpus must be retQrga6i
there and there only. have the ahdaylt q NJ sui
now in session. adjourned on Thursday ny Judge
s Sc 5nSq Syw I9e At S 40 os
caly, and no court business, especially IN 80 h
the erest accident that Mr. Sullivan and myself were
at our office today and that we were informed officially
Of the argument pending Ia this case
Jndge Garyin argued at considerable length on the
merits OF the case opposition &c admitting the defend
ant 70 bail.
Judge Barnard then coolly remarked: " nave opened
Oyer and Terminer, and we are now III IT,"
McKeOn counsel for the deIendant argueu Luab
the proceedings against exControer Connolly resenn
MOD the proceedings OF the famous Council Of Ten OF
Venice IL secrecy and that by Law bail should be Ie'
ceived. -, -.
At this stage Of the proceedings Judge Barnard, who
hsd been smiling bandy. perhaps at the novel ana IN
eepiOus method in which he had overTulsd MI sullivan
OF The hsnds Of one Of bis friends In tho
ROOM and immediately requested MT Mcheon 70 pause
for moment In his arguIDC mt.
Judge Barnard-I merely wish the reporters 10 note
thai this is not but Vchy water, WHICH was recon-
Ifovn he ~ I,hV 10
The Court having thus edited the reporters, suHrel
Mr. McKeon 70 resume his argument, out vas nor Ion1
before the counsel again interrupted judge barnard
having been inspired by the "Ychy to TINS elect T:
This very tmple matter Ihe ndlcmf ntS ~ lor
mlsderneauors viii bail Richard b. Connolly Ia flW0
TIE frieads Of Mr. Connolly vigorously applauded tho
1niCe's decision The bonds executed with sur
prslng aacrty. Surrogate Hutchine becoming surety
A. ana ia Fiith-ave to the required amount, the ba
being $4,000 The ex-Controuer then excused saef I'm
Brennan IRON further attendhhge upn iO @nu ' ''
The istrlctAttorney and Els Assistant, o. lhe
TRRrSE reporter that they had met 10y chance 10
the DstrctAttOrneys Office and that they had thougne
tnt Of ths nature might be made They both affirmed
that they official OF the proceedings only
Rap a" stated Sat he Observed Clerks in the surrogntess
office before the trial began filling up MI Connolly
bail bonds Is in number IN lie sums that Judge Bar:
nard afterward fixed upon. Mr. Sullivan also criticised
Judge Barnards method Of oveTuna the Objection es
to oyer aud rerminer, as exceedingly peculiar;
IL appears that the Of applying for the reease
OF Mr. Connolly suddenly conceived or only known
80 MIR Connolly short lime previous to his appearan,
Lefore the Court; otherwise u is evident
hdenee IN his family; since 10 is reported that
IN the mornina just as Mr ConnoHSS 10 com n.
dreWs was leaving the jail Tor Judge Barnsrds Court
his wife aud daughter met him, the ior1 her
husband Mrs CONNOLLY carrieda large bouquet, with
the Inscription Hope" upon It, intending, doubtless 10
present II 10 him IA a NewYears token. The party
after mutna interchanges OF encouragement aud con
graduation then repaired TO the Courthouse ana AFTER
ward 10 Mr. Connolly residence OH Park-aye.
In reference 10 the action OF Judge bar
nard in releasing Connolly, yesterday, Wheeief
H. PeckhSm said to TRIBUNE reporter last DighI
that Years Day not legal holiday, except Iu
cases OF protests Of commercial paper ana tha Jloge
Barnard not only had the power Ia sit On That day. bu
properly II was the duty OF certain CouTts-nn winch
That Court l. ncuded)to be IN session Neither eouiJ
execution be akuD the remark OF Judge BARNARD:
have opened oyer and Termner, and we are now III u
since any Of Judges III that Court were privileged %