The New York herald., 1878-12-20
RED" LEARY In COURT.

GUARDING AGAINST THE POSSIBILITY OF HIS
REscUE-HIs FRIENDS PRESENT IN FORCE.
was known that John. alias "Red" j" Leary was to be
brought before Judge Davis. in the Court House, yes
tcrday morning, writ OF habess corpus-that is to
say. unless his host of friends should rescue him on
the way from the hands Of his legal custodians In
view Of the recent attempt to accomplish this end
and the belief of the Sheriff that it would be re-
peated. Judge Davis had directed the Sheriff to
1t that armed posse comitatus be provided to
cort the prisoner from Jail.
Major Quincy, order Of arrest clerk had accord
ngly detailed his assistants eight deputy shers
and the crowd that beset the Jail and looked
as Lcary quickly hustled into a carriage had
hardly time to collect their senses. if they had medi
tacd any interference, before the object of their
solicudc whrcd out of sight As the posse drove
up at the Court House the deputies formed hollow
square. and with Lcary in the centre and Major
Quincy taking the lead they escorted their prisoner
into the court room. Leary's friends present
in force, but remained inactive.
IN THE COURT ROOM.
AS early as ten o'clock the court room was denaely
packed. Every class. seemingly. OF metropolitan
criminals there.
Beware of pickpockets should be placarded here
whispered one gentleman to another.
Beware of murderers more like was the reioin-
der. II never saw such beastly looking gang"
Il have never seen such array of notable cracks
men out of jail said exkeepcr OF the City Prison
There was y buzz of excitement a. Leary WAS
brought by his guard into court. lie given q seat
directly in front Of the Judges bench and on either
side and behind him the posse took their seats
Leary took matters with the utmost GOODNESS.
THE ExTRADrTIox PAPERS.
Assistant District Attorney Bell stated that the
prisoner was held for extradtion to Massachusetts,
on charge OF implication in tho NORTHAMPTON
Bank robbery, and that he had been brought into
court pursuant to a writ OF habeas corpus
Mr. Peter Mitchell, who, with Mr. Algcrnon s. Sulli-
van appeared on the prisoners behalf read traverse
to the return, setting forth that Leary was not the
man specified in the warrant of extraditon and that
there was no proper authority before the Governor
OF New York for issuing the warrant. The traverse
further stated denial by Leary that he was ever in
Northampton.
Judge Davis said that the main question was one
OF identity and that the counsel must address them
selves to that point.
Mr. Bell said that he would offer proof on this
point and demur to the rest OF the traverse He then
called Detective Pinkerton who testified that he had
known Lcary for four years. On cross-examination
he admitted that he had no personal knowledge of
the prisoner having been in sachusetts ut that
date or OF his being fugitive from justice.
After this evidence Mr. Sullivan moved that Leary
be discharged, accompanying his motion with long
speech.
Judge Davis decided that a priIna facie case was
made out. The case was then adjourned until to-
morrow for the production of evidence M to the do
fecive character OF the papers which the requi.
sition IL made. Leary was removed promptly by his
keepers to tho carriage in waiting aud taken back TO
his old