New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-03-20
ASKING FOR RELEASE on BAIL.

BENJAMIN MI Id w
HIS APPLICATION TO JUDGE DTPUE IL NEWARK
STORY OF Ills AREEsT-uE ASSERTS HIS INNO-
CENCE.
Benjamin iiOyes, president OF the National
Capitol Life Insurance Company who arrested In
Washington last week. and taken to New.Jersey on
charges growing out OF his connection with the New
Jersey Mutual Life applied last night 10 Judge David
A. Depue in Newark Tor his release by habeas corpus
In HIS sworn petition Mr.. N0ycs gives the following
account OF his arrest:
ON March IL he was nj his hotel In WASH: gon. In
the middle Of the night he awakened by three per
sons. representing themselves 10 b" officers WIN a-
thoriiy arrest him and remove him from the District
of Columbia lie demanded their authority which they
refused TO produce and they insisted on taking
sending for his counsel, which they refused. and he
finally agreed TO go win lhem on ,3nGon tna' my
placed him in confinement IN the police station ana dlI
not allow him 10 communicate with hny Que, bnt
kept linn TIL o'clock. when they placed .iln on lne
train and brought hin TO Newark, where they lodged
During all this time they exhibited no warrant or
paper any Kind although he repeatedly. demanded H.
aud BE- had no information OF the stous o .uol" ~,
Tor his arrest. except vague verbal statements OF the
officers. He has since asccraned that M I'D O'Clock on
that day. March H. while he was IN the police sta
ton Chief Cartier of the supreme Court OF The
District Of Columbia signed warrant directing we
and deliver him to Robert Lang. agent Of the state OF
Ncw-Jersey. as "a fugitive from justice" At the time
closely confined fore stated with the evident object
OF preventing him from consulting counsel aud from eX
OF his arrest
Mr. Moves says further that he has since ascertaned
that ChicJustice Carriers warrant was based upon
perjury indictment against him IN Esscx County n j.
in connection with the SewJcrsey Mniaals affairs. lie
also refers to the two indictments against him for
spiracy declares his innocence desires speedy and i'm
partial trial, and asks to be released on bail lie says
further:
And your petitioner further shows thai he Is perfectly
that Ms action hcioioioro IN falling To hpiear
n those cha
o. which alone ne was adviS-nay tend TO Increase the
OF BAL now IN be required beyond his liability 10
furnish It. ana he Therefore respectfully presents the
following facts IA explanation:
That although he never couspirc1 or combined
with any person to dcraud the said com
pany, and never unawluliy obtained possession
Of any Which he dd not promptly restore to the receiver
yet he charged with such conspiracy ana came vol
unfairly 10 Newark 10 meet the charge That he was
called before Grand Jury anl examined witness
for several successive daS and frankly gave MI inform
the same Grand jury That lie arralsued upon
indictment for conprucy Is he IT, aud gave
bail for his appearance and deposited 900 To secure
the bal that he remained In Newark for two weeks
after giving bail; That then being IN kew-fork
d Dc %aT '"I 2nG boe I' found ' against him.
G hd4Sed p w ope cno Of ' Sh he wa o nno
cent and compelled To deposit $1,000 10 regan hs b-
gonynded hS might be held to BAH in a sum wholly
beyond his means; That just ut this time he
ness of his wife WHO was then in delicate
situation. and be feared that II he should be prevented
| "a
fatal and that acting under the controlling Influence OF
this fear went TO his home. and attended upon his
wife IN dangerous illness Till her recovery that neans
while his bail forfeited and the bonds deposited sold
10 satisfy thai st drcading imprisonment without
ability 10 give the required ball. and knowing that public
feeling had excited against him by tho exposure
Of the frauds OF Others and 10y his failure To appear aud
answer charge which he knew To be false under the
circumstances above stated he stil neglected 10 pre-
sent himself voluntarily for trial that be never adj
viscd by counsel notified by any public authority tat
no.@d mai bis bail amounting 20 - 900 having been
forfeited ana paid further action 70 DO taken IN
the matter
In the hearing before Judge Depue last evening
Mcssrs. Roheson and Keasby appeared for Mr.
EOyes. After some argument, I'm which the
County Prosecutor suggested $4,000 n proper
amount OF ball. JUICE y .pue said that, In con
sideTatOn of the fact that N NOyc5 bad previously
Jumped bail" the Dil ~ winch he should hold him III
ills present issue would Dc Commensurate WIN the pen
atty attached 10 the charges OF perjury, conspiracy and
fraud. lnasmuci CORNER BAH OF 5000 was insu
1crt to kcep him In the state 10 would hX the bail at
such IN amount that nc would DE ODiged 30 stand trial
The Judge reserved his decision oi the cunt OF bail
mn fl-uIU