The New York herald., 1877-12-08
ROBERT L. CASE.

sEL-cAsE ON THE SITUATION.
Immediately succeeding the conviction Of Robert
L Caso aso President OF the Security Life Insurance
pany in the Court OF Oyer and Terminer for per-
Jury, in swearing TO q false statement as 70 the
condition OF the company, efforts were promptly
mado by his counsel for stay OF proceedings pend
ing an appeal to the Supreme Court, General Term.
Judge Davis before whom tho application had to be
made nrst refused to grant any stay beyond allowing
the prisoner TO hero pending tho decision ON
tho application. Following the refusal Of Judge
Davis application was renewed before Judge Brady,
and tho understanding was that as fast ~ one
Iudgo denied the application It would be made
10 another Judge pntil all the Supreme Court
Judges Of the State had been exhausted. While.
however, Judge Brady had the matter under
consideration, tho evidence and documents
being most volumnous in their character, application.
IL seems, was mado 10 Judge Dykman, OF the Second
District for stay. The application was granted by
Judge Dykman, and very fcw evidently had any con-
cspton OF tho anomalous condition Of the case, until
after the developments madc yesterday in the
Court of Oyer and Tcrminor, before Judge Brady.
QUICK SPREADING or THE NEWS
Tho fact OF a stay Of proceedings having been
granted by Judge Dykman was not long IN lnding its
way TO tho new Court House, and once tho
fact became known 1t was, ms might
naturally be supposed, tho subject OF gen.
eral talk and varying comment There acemed TO be
general impression that the process Of applying for
a judicial stuy could be extended to all the supreme
Court judges the State until some one was found
who. upon tho papers presented, might deem
IL his duty grant such stay. Win
most tho fact seemed to havo been lost
sight oil that Judge Brady had not yet gwen his do
|. cison upon the application made to him, and there.
lore supposed that every impeachment IN the way OF
his being kept prisoner Ut the Tcmbs, ins'e.d OF
being taken TO 'atc Prison, had becn removed.
VIEWS DISTRICT ATTORNEY PHELrS
"What 40 you think Of this stay?'s HERALD re-
porter asked District Attorney Phelps
"Il won't stand for AN instant, because tho obtain
ing o was altogether Irregular; because an applca-
Worry soon alter tho Court OF oyer land Terminor
opened IN The morning Mr. Aigernon s. sullivan. who
as counsel for Mr. Case nal applied 10 Judge
brlel whispered conversation with Judge Brady.
Mr. Sullivan subsequently rose in and made
Was made moments after the reasscmbns OF the
Court oyer and Termncr, following recess. During
ine pr % samSer. trial Mr Sullivan u's1aS sasea that
he had come to the court accompanied
BY NJ, Morse. partner ns ,.sod o. Mr w'nasld
rupt the trial pending before HIM ior a low moments
Tor tho purpose OF explaining to HIS Honor the TACT
that when Mr. Morse made application TO court Of
coordinate Jurisdiction tor stay OF proceedings IN
Tho matter Of Robert Case Mr. .,,ala,as Morse
IN naa The matter was pending before His Honor Mr.
Morse went before Judge Dyckman pursuant to the
request OF Mr. Winfield, VINO had lett tho CITY, and
c,sion refusing to grant the stay asked Tor. He
adued thai, SO lar as no knew, Judge DycHman was
likewise ignorant OF any proceedings pending before
HIS Honor
Mr. Morse corroboratsd the statement OF Mr.. Suli-
respect to ms ignorance OF proceedings pend
ing before Judge brady.
District Attorney Phelps stated that hc presumed,
OF course tho matter had been dono in ignorance OF
the real facts oil tho case, both on the part OF Mr.
Morse and Judge Dykman
coSuSDRuM
Assistant District Attorney Rollins said that since
sorry Tor what they had done, perhaps
they would tell how long Judge Dykman took tor tho
examination Of tue immense mass Of papers submitted
TO him.
Mr. sullivan, without stopping to give explicit
swcr to this conundrum simply expressed The opinion
that Judge Dyckmun had not grYned tho stay without
nrst making thorough examination Of all the papers
presented TO him.
granted that Judge Dyckman did not grant the stay
without proper dehberatoo. He suggested, how
ever that the proper and aecorous course 70 pursue
would be for The gentleman who procured tho stay
from Judge Dyckman 10 request she latter to vacate IT,
Mr. sullivan said that this should be done at onoe,
and bowmg ma thanks no lett the court room, alter
which the DR.. Lambert trial was resumed.
INTERVIEW WITH CASE,
Soon alter II became known that Judg0Dyckman
had granted q stay tho writer had an interview
with the convicted ex.President Of tho Sc
ourlty Lifo Insurance Company. when the news
was announced TO Case he appeared increduous at
first, being evidently AFRAID to be the victim OF some
Joke AT last, when he realized that II the truth
his drawn and anxious features relaxed and hts
pale, steel blue eyes gave forth a slea%
not sleep wink'' he said speaking OF tho first vio
lent change from his comfortable home surroundings
that was here IN the Tombs, but fc.t degraded
Before my friends and my iamlly try to bear up as
chcsriuly as I can; but ! Gun tell you that my
q hell upon GARTH Indeed, t has been
SO ever since this trouble came upon me-ior tho last
year so-when saw that had been the means OF
ipjuripg many poor, deserving people, ever since
have become-what do you call itS-a victim, DC.
Iieye am treated very well, Indeed. every ono is,
l ha eyp nd
who stood by, he said, Faher quinn takes good care
OF all hts children." .&e.t
remarked Now, do you know It has never struck
before, but alter all, when one has been dentncd
with an institution Ike this such a long umo ono
feels almost that II Is ones home. Why, might al
most feel that these arc all my children that I'm
taking care oil"
The conversation turned 10 Cases homo lifo nj
Ncwburg. Judge Fullerton" remarked he, "who Is
one OF my counsel. is my next door neishDor. HIS
children used TO play with mine. In iact my house
was great piayroom for the children OF NewUurg l
remember many as thrysix playing there together
al one time" With a complasant smile he aducd: -
ssYou see | am old fashioned man, and l built
myself an old-fashioned house. My house was not
one TO show but one 10 i've in was always un eco
nomca man. have brother and several unecs IN the
navy and know there's no better school Tor econ.
omy than the army or navy. During tho war remem-
bcr bought me an overcoat-cothes were SO dcar
tncn used TO have my overcoats turned, and rccCect
my iamiIy used to make my gloves at home" speak
sing Sing he said -"Why to hear these men talk you
would judge they were not gong TO Sing Sing,
but TO some pleasant tca party. They ask
each other now much they've got,' and joke and
largh-lhey evidently don't mind u In tho least.
remember QUO, the murderer, who got twcnty years,
aud occupied the cell opposite mino tho night be-
ioro his removal, threatening TO hx' the witnesses
for the prosecution and 10 Kill them when no got out
Why, that mau spoke about killing human bciGg as
| you would about killing goosc''
Case asked whether he was ever troubled In his
coll BY the fact that so many condemned mcn had CO.
cupied before the expation OF their crimes on tho
scanod. sCh, cont fear ghosts, ".hcrcpiied laugh
ingy and then with an attempt at wit he said, ut is
| women that the ghosts oil men,"
IL like them.n tho gallant Warden frankly avowcd
Case, during tho further course OF the convcrsa-
t,op. with quiet but all tue moro touching pathos, re-
minded his intorlocutor that 'bo was an old man
that no had spont his six'yeighth birthday In this
prison."
II remember" said he, s'tho place where this
prison stands when u was pond, and Leonard
street there beyond was quite hill. Yankee madc his
fortune III nug tho pond. Tho authorities had gwen
out tho to other parties, but he went 10 them
and asked them II they would give him twenty-five
per cent OF the amount OF tho contract II hc hcd II