The New York herald., 1877-09-05
THE COURTS.
Seeking Legal Loophole Of Escape
from Jail.
Life in Prison. Or the Mysteries OF the
Bell Punch.
TWO WAYS OF TELLING A STORY.
SEVERE ON A HUSBAND.

In last Sundays HERALD there was puoNsheu eAo'u-
sivev tho notice of motion to be mado 10 vacate inc
order OF arrest against Thomas K. Lewis. the whom
bookkseper OF b. 7. Babb,t. After several months
sojouru part OF the time III the fotos ana pa' VI ~
time In Ludlow street Jail, he has become "ered u
prison lie and now seeks his restoration 10 hpcfy
upon the grounds forth IN the article referred TO-
the main POI n,s alleged In his affidavit as VIII DO re-
meinb nbered being that he was induced 10 como from
London. England where he was sojournins, TO this
CITY upou the representation that he was simply
wanted as witness against a former accountant of
Mr. Rabbit: that upon such representations he was
frauduentiy brought within the jurisdiction OF the
Court here and that Judgments having been
entered against him within the the Time prescribed NY
statute he is entitled to ms discharge The motion
came up Tor argument yesterday before Judge west
brook in Supreme Court. Chambers, where tho other
side OF the story told. Some lmnori ance Is evil
fdently attached TO the result judging from the array
OF counsel employed both sides, Messrs Cody,
stanton and William f. Kinizips appearing Tor
the motion and Messrs. A. J. vanderpoel and d. J.
Newand in opposition. The ailldavits III opposition
10 the motion afe voiuml IN recital OF do
.als Mr. Babpit,s affidavit, which takes the lead in
length, recs now. us he charges, f. g. Beckwiih, his
iormer cashier, now in state Prison, and Lewis. the
prisoner, embezzed sos, 600 OF his money He then
goes on TO deny most oi the allegations appearing
in the sworn statement oil LOWS; ucueS tnat ue
haa any intention OF prosecuting Crampton as stated
by Lewis aud that TIC wished ihe later 10 appear as
witness AGAINST Cramptou; denies that the London
identical with the present, denies that ne went
before The Granu JUICY otherwise than AS citlZen,
the criminal suit being brought by the people OF the
State that his conduct all through has been III good
faith; that the present order OF arrest was
obtained at the special solicitation OF Lewis
that he might be removed from the fomDs 10 Lud-
low Street JAM where he would be Afforded better and
healthiu accommodations; tnat Detective
Golden was not In his employ, but acted throughout
G O
denies ever having made any promises or
guarantee 10 Lewis 30 as 10 'huues es
authorized by hin to do Detective Golden gives
the particulars OF his arrest OF Lewis under papers OF
aud his bringing him 10 this country, aud
ssserts that he had nothing whatever 10 do with Ar.
Babbtt as regards gong to England and making the
arrest. He says that LOWS was examined before
SIR James Ingham, police magistrate oI London, |
that Lewis was desirous OF coming at once To the
United ates TO AVOID the lac OF MS arrest being pub
'shed ana his family dsgraced; that lie was re- |
manded Tor fifteen days 70 the Clcrkenwe Prison and
Hfier that delivered up TO him by English of1cers
On board ship in the stream. and that there
was no surrender on the part OF Lewis ana
sifdavils was one by Mr. Newland As TO the transfer
Of money, he that while Lewis stated IN INC LJn-
don court that all the money he had on deposit in
bank there was his, he made affidavit after |
,ard, here, acknowledging the embezzement |
charged against him, and proiessed desire |
and nation To make complete restitution. he
says further that the order OF obtained at
The urgent Instance of Lewis, thus confirming the |
statement OF Mr.. Babbitt After the reading OF these
Ailidavts counsel ior Lewis asked time TO put in
swertng adnvits which request was granted and until
lhe 2stn INST gwen for thai Counse for Lewis
icoDtendcd that he had been brought within the |
lusdctlon OF this Court by the exiraditon proceed
ngs bad faith Tor the purpose OF arrcstng hn upon
:ivii process and that he entlltcd 10 ~ discharge
from arrest upon the ground that the painin would
noi receive any advantage through his wrongful acts.
1Le OF Lasrave was cited, IN whicn the Court of
Appeals II claimed affirmed the correctness OF tho
above proposition IL was urged that the affidavit or
upon which he was extradited pro-
cured by the plantif. that the iorgeres
perpotrated upon him. and that he was the man
witness before the Grand Jury. Counsel further
gued that Lewis was brought within the Jur sd ction
OF this Court for The single object OF enabling the
Sheriff the order OF arrest In relation TO the
counter affidavit IN which IL IS alleged tnat the de-
iendaut had admitted that he had emoezzIed large
sums OF money IRON the plaintiff, IL was insisted
That this could IN way affect these proceed.
.ngs respect 10 the point raised, 1t being
clearly settled that man he exlradled Tor
offence tried ior another. TAe defendant, It
SAID had at no time admitted that he was guilty
,, th offence oi forgery ior winch he was extradlted
aud upon which tried must be returned to
country from which, through trick and device. he had
pecn extradted. 1t WIS urged III response by tho
plaintiffs counsel that he had been guilty OF appro
priatng to his o-n use the funds OF the plaintiff.
that there was no fraud IN procuring the cAtradon
papers and bringing MIN here, and that
having teen discharged upon bail upon the criminal
proceedings he stll! liable to arrest civil pro-
cess Various authorities were cited to that the
Drder ofa properly granted ana That the same
Bhoud be sustained.
MANIPULATING THE BELL PUNCH.
Ihe Second Avenue Railroad Company in combination
With Barton Abnott, William McGowan and other con.
huctors by means OF the bell punch before Judge
WestDruok on habcas corpus yesterday and his DIS
charge claimed on legal technicaiity. 1t appeared
from The adavits OF Harvey H. Wood secretary OF the
Second Avenue Railroad Company and Of several con-
ductors that the bell punch contained combination
OF letters anu figures known only to the makers and
The officers Of the company, who had certain arrange
ment Tor opening them : that Mcpherson and Barton
kind enough TO explain tue method Of opening
tine instrument and arranging the combination oil ny
that the true number OF punches would not be
registered, whereby the c. .nductors would able to
cheat the company and thus enabled TO pay a
ROYALTY OF So per week to Barton and AcPnerson. The
points raised by Mr. Z V. Brooke were that under the
statute must be proved IN iurtEerence Of
tue conspiracy; that no such act WAS averred
lie the conveyance OF the knowledge how TO open the
punch and how 10 alter the combinations, and
that these were perfectly innocent acts In
themselves ana tnnt there was merger conspiracy,
larceny and EN- mbezzlenent IN the compl INT. Mr.
Leary replied behalf OF the people that the only
charge embezz ement. Judge WeslDrook sai1
that poiEts tor the prisoner were ngenously put
There might 10 something IN them and he would con
sider the matter Mr.. Brooke then asked The Judge
TO the bail IRON 81 600, on the ground that u
much. Judge Westbioyk said he di not Ike
to interfere because the police had better
knowledge OF the facts ard because The crime was one
SO easily committed Nr. Brooke, smI ng replied tGat
lie conceded that there were ''mOre facts before the
police judge but as to the better knowledge, he en-
look the papers, 10 possess himself Of the bot
tom facts.
MABEL LEONARD.
John +. Rogers, tho stepather o the child actress,
Mabel Leonard was before Judge WestbrooK, yester-