The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-07-28
MORE ALIVE THAN DEAD.

Levi Aaron was brought before Judge West
brook, IN the Supreme Court yesterday, in obeai-
ence to writ oil habeas corpus previously granted
upon application Of Messrs. Knitting and Mott,
his counsel. Upon the Goth OF Marcn the lur store
OF sylvester Brush robbed. as alleged, by his
porter, John Rademacher, OF quantity oil Iurs.
subsequently 1t was discovered lie had sold some
Of the furs to Lew Aaron. halter on the Bow
cry, who, IT was alleged, at the time knew they
were stolen. aaron arrested and upon two
complaints held Tor trial in 81 600 bail. At the
Apiil term OF the Court OF General Sessions two
indictments were found against him for receiving
stolen goods A motion was subsequently, made
by sumo lawyers for the discharge OF the bali,
upon the ground OF the death OF Aaron,
as Detecsive FIELDS ana Conners S' OF 'n the
District Attorneys oflice. were walking
along Chamber street, near Centre, they saw 10
their surprise Aaron, not only alive, out appar-
emily IN the best OF health. lie was Immediately
taken INTO custody and committed to tho TomDs.
bail, said the statement AZ 10 the death OF Mr..
Aaron was as false rs 1t was unauthorized. ana
the prisoner ought not TO suffer Tor the Inuscreet
act OF his lawyer. Counsel thought the bail as
originally fixed, $4,000 upon each complaint, was
excessive and asked tkat IL be reduced. Assistant
District Attorney Dana thought the bail not ex-
cesslVe, anu that the prisoner was entitled to
isyor after the fraud he ha1 practced. Justice
Klntzing asking that an order be entered direct
Ing the District Attorney to take the bail In the
amount liked by tue magistrate, Judge WesturoUK
80 ordered, and the prisoner IN charge OF an OH.
Ger, accompanied by his daughter, q beautiful
young lady, leit the Court to put In the bail.
THE ANNIE SMALL CERTIORARI.
There was an adjourned hearing of the ccrto
rarl arguments in the case OF Annie Small, before
Juoge westbrook. in Supreme Court, Chambers
Tue writ was taken TO procure a review OF the
evidence on which The prisoner was committed
The Judge appears to think that he cannot re.
view the testimony on statutory certiorari, as
-GeA.N
the commlttal by competent court Is Sufficient
on Its lace; that the proper remedy is a common
law certiorari, taking the case before the General
Term. Mr.. John ID. Townsend, counsel for Mrs.
Small, said that she was brought before the
Legislative Committee only to show that her
place mad been broken into by Captain Williams
and Commissioner Gardner. This same Cap.
tam went next day and asked Tor a warrant,
Wnich was refused. Then ne went 10 an
other magistrate, got warrant, ana she was
arrested at Two O'Clock IN the night and carried
10 the Captains station, and thence to the Fifty
ninth precinct, difierent one from where she
lived, and brought 10 court the next day and
In reply, Mr.. Dana said the first magistrate de-
eiined TO give warrant because he considered
we case within another jurisdiction. The pris-
she rave, and which was calculated 70 ruin Cap
tam Mllllams. Judge WcstbrooK said there was
an important point in tina administration OF GRIM
maj Jusuce involved, and he would give Mr.. Dana
time 70 look up the authorities.
MT. townsend requested that the uelay be brief,
as the legislative Committee want thIs onestio
settled. Another OF their witnesses was taken
Oun VI Ccll ano Dauly beaten ana bruised by
police Officer. The further arpument WINS "a
journed till today
THE CASE OF MADAME IHI.
Madame hi, VINO was indicted for commit,,uo
malpractice which resulted In death. and commit
ted In default OF $4,000 BAH, was brought yester
DAY before Judge Westbrook, In Supreme Court
Chambers, ON writ OF nabeaS corpus, procured
by Mr.. william +. Howe, her counsel A reauc.
lion VI pail to reasonable amount was anuled
,V pn tne GROUND that she mad been pressing Tor
irlal ana that three terms nave elaDsed stncn nor
commitment without being brougnt TO trial Mr
10 ass,1 nssstant District Attorney, being unable