The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-02-05

JUDGE DAVIS REMARKS
Judge Davis said :-"rhe crcum stances of this case
are extraordinary and the application is extraor-
binary Mr.. Genet has been ut large az a fugi-
tive from justice has been stated, for about
years, believe; and during all that period the ques
tion or the settlement OF the bill OF exceptions IN his
case has been suspended by the decision the Court
that no proceeding should be taken while he remained
In contempt Of court by reason OF his escape.
II seems that SO far as the powers possessed by the
have been unable TO arrest and the custody
me- Genet until he himself voluntarily chose come
forward and surrender himself Indeed It may almost
DC said that the only mode OF getting him more
into the power OF the Court rs his voluntary
ton II certainly does not speak very highly for
vigilance OF the police auihorites 1t Will be but
short time at longest before this be dsr osed
OIL the bill OF exceptions Is settled Is supposed
II will be by The counsel Tor the defendant. The Gen.
Term sits In March, at that time the case can
be brought TO argument II the District Attorney and
counsel Tor the defendant disposed bring IT,
AS suggested by counsel for defendant, II Mr. Genot
were brought here under and under cir
cumstanees indicating an intention on his part
stu To evade the judgment Of the Court, the
Court would not be justified in allowing him TO give
bail, because IL would present where every pre-
OF an intention on his part st TO eyade the
tration OF justice. But whom he appears here and
ntarily surrenders himself-as understand this
10 perfect ana voluntary surrender-pacng himself
in the power OF the Court aud under the
The defendants action ought to satisfy the public
mind, as II does mine, or the bona hide intention
adopted after q long period Of timc-lf true on his
parl-to abide the judgment Of the Court his case;
and entirely dlsarms, IL seems, the District Attorney
Of the Objection that there danger still that he viii
become fugitive. In TACT, hts own act indi.
cate that that danger Is past
TWENTY-FIVE THOUSAND DOLLARS.
Under all the circumstances l think the Court 10
justified IN allowing Mr. Genet TO give bail, but the
bail must be for very large smount-an amount
very unusual in such cases. rue indictment against
him charges that ne obtained money under false pre-
fences, which Is one OF the MINOR grado OF
offences which may 10 punished with hne alone
by Imprisonment IN the County JAN or Tor limited
period IN the State Prison. II therefore not rank
IN the higher grades OF crime, and yet Mr. Genets
offence, Tor winch he stands convicted, owing TO Its
peculiar relations to the city and 10 the affairs
that were 10 his hands as commissioner aud officer
OF the CITY, assumes hlgner rank and importance
than woulu otherwise attach TO Tho crime OF obtain
ing money by false pretonces. The Court would not
be Justified therefore. III allowing the usual range OF
ball IN such Case think u Mr.. Genet gives bail
satisfactory to the District Attorney and the Court in
the SUN Of $4,000 will allow that bail to be
tered | do not think should DO Justified in taking
less. Is he ready TO give baiiY
.srhe pail is somewhat extraordinary, !" replied Mr.
Beach, 'but believe have the proper sureties.
who shall justify at once. Shall It be done In open
court !"
Eyes, sir; lot it be done here" said Judge DAVIS
Mr. Thomas Pearson, OF No. 10 East Eishty-tourth
street, Peter Il. Knapp, OF Sparkhili, Rockland
county, advanced to qualify as bondsmen. rho Court
examined them personally MIR. Pearson said be was
worth SIS, 0CO IN bored real estate and Mr.
Knapp furnished evidence that he owned some
were drawn and signed and meanwhile The runaway
was tho centre oil an admiring group OF friends and
acquaintance, many Of whom had not seen him
since the paimy days OF tho Ring Whom the
affair was arranged Mr.. Genet shook hands with his
pseudo custodians and lett
FREE AGAIN
From the Court House Mr.. Genet, Deputy Sheriff
Quincy. the bondsmen and two others OF Genets old
friends to the hack stand on Broadway toll
Ills this hack engagcdf' Genet queried In
1. loud impsrious voice. "a addressing the arst
known the Distinguished company he had op-
portunity OF carrying he, no douo, would have thrown
pied IN the negative. AS Is was he only growled out
in an indifferent sort OF way, "Yes." Genet then
he swung his great, powerful body IN an easy noncha
liant way indicative Of supreme indifference to the
cumstaDces OF his public temperance. Indeed, AS
he walked from the Court House to the hack stand,
aud from tue one coach 10 the Other, Genet carried
his head high ana kept his neck st1 II no had
returned the most hon0red guest tho municipality
New York ever received The second Jehu said he
also engaged, and Tor moment Genet stood as II
nonpiussed. But happy idea struck him. Here was
empty stage passing up Broadway. Why not jump
into thatY IL wcs done, and by strange accident
u representative OF the HERALD also jumped IN.
could be carefully noted. He looked consid-
crably older. ana perhaps trihe csreworn,
though Tor tho. moment he had assumed
a jaunty, dstommair expression, which probably WAS
successful partially hiding the of time aud
Killed. with gray, ana quite heavy musache. also in
terspersed with gray while his large determined chin
was perfectly smootn Before his flight he only wore
regu iar English mutton chop whiskers, OF dark color
and rather brilliant cultivation, and tho presence of
Tho mus,ache and the gray hairs, which have evi-
IDENTIFY be0n The result OF the last lour years,
tibuIed somew hat 10 change mis- appearance He mp
parenty was as stout as ever, but his complexion,
winch in former days always exceedingly bright
and iresh was Iaded and the large sharp gray Yes
seemed also 10 have lost much Of their
former tire AS he settled himself down
iE Tho stage IN an easy uncOncerned way, which
hall natural and bali assumed. he looked with his
great. rough-grained lace. his broaa-brimmed felt
figure, and light wooen shawl drawn over pow
eriul back like some weIOn, comfortable farmer
visit 20 New York. That Genet sun retairs an ex
ceIient memory was easily seen Tor he fixed his eyes
sharply upon tho writer ana recognized nim AZ once
A CHAT WITH HIM.
81 prefer to say nothing III reference to my case,
he said, after tho first saluaons had been exchanged
IN his former loud, sonorous voice, that seemed 10
have lost nothing Of its strength IN these four years.
hch Is wholly In the hands OF my counsel Messrs.
tor publication what told the reporters generally
at the Court House, that neither sheriff Brennan
Deputy Shields had anything 10 do with my escape ]
want 10 say tina. as matter OF justice to tnem.
Sheriff Brennan only the morning OF my escape, and
assure you, when left hun he had not the iaintcst
notion that wsuid run away. Tho TACT Is, did not
make up my mud " run away until the last mo-
ment."
your fight and your wanderingsy"
M, sr" Gcust replied, buttonng up his overcoat
and stineninG himself up IN an energetic way which
seemed to say moro eioquenty than SO many words
would nave done, "Not II can nelp It," Anu he
added :-"And lie only other thing that want to say
IL that my return has nothing to do with city or
State politics OF anything else than my own case.
SIMPLY came back because thought that popular ex-
citemept had cooled down now ana I would have a
fair trial, and because my counsel advised
back"
why do yourely upon an acquit,al in case you OBJ
tain new traif'
"why, 40 you believe, Genet replied, with little
vohemence IN ais manner, and earnestly bonding Tor
ward his body as he spoke TO his iptcriocuior, who
Eat face 10 face with him, shat after hearing Tweeds
statement there Is anybody VINO don't know that
I'm innocenY Why do you suppose there 10 an intelll
gent man IN tho CITY OF New YORK who, alter that
statement, would bring Ia verdict of guiltyY"
'How about your civil case, in which there Is a
Judgment against your"
81 know there is but and here he raised his voice
fraud and everybody knows It, Tue idea OF getting u
judgment against me on the ground that was u CON-
missioner vi the Ninth District Court housein
"Wc'l were you not a commssioBeryn
II was no more a ommissloner than you were. I
tell you that judgment fraud and will be aside.
was just about as much commissioner for that
Court House us you WERE"
Here two passengers entered the stage who. little
aware VINO theft notorious Fellow passenger was paid
no attention to him But the conversation beca me
embarrassed and with sharp "Lels get CUT" Genet
pulled the strap and bade the writer a hasty goodby
The party got oct at the corner of Broone street.
promenaded up little way Ia tho most jaunty and
unconcerncd style, and hnally entered that famous |
haunt OF the ola Ring, Henry d. Fecrs liquor saloon,
Nh. RrA.