The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-02-05

srRRENDERING TO THE COURTS AND
GfJINU B4IL IN $4,000.

-Ix.sherin brennan Exoncrated-pistrict
Attorney Phelps and some Others surprised
While Judge Davis sat in the Court OF
Over and Tcrmincr. yesterday morning hear
ing q motion for the adjournment OF case,
Messrs Vim. A. Beach and Assistant District
Attorney Rollins entered tho court room. and
going forward to the bench held brief whis-
rered conversation with Judge Davis Mr..
Beach then went out. and on his return was ac-
companicd by Henry W. Genet. After Judge
Davis had disposed oi the case that ne hau III
hand. Mr. Beach said: " am happy to say. sir.
that am present to surrender to the court ana
the District Attorney and his officers. the person
otMr Harry Genet Your Honor will remember
,hn, I'm December. four years ago. he wns con-
xictcI of obtaining money from the city by false
prctcnccs. | never had any doubt. sir. about
tho injustice and tho illegaity Of that convic-
ton. Not meaning to impcach any proceeding
or conclusion Of tho Court. nevertheless your
Honor will remember that he was tried at n
time Of very great public excitement and prcIu-
dice and tried against the judgment oi MS
COUNSEL and the conviction was an almost in
eyitable result. Without my knowledge or advice.
md. as believe. without the knowledge or ad-
vice Of any gentleman connected with me in the
defense Mr. Harry Genet. at his own motion.
l,ing in the custody Of the Sheriff. escaped
from that custody and has since bcen beyond
the jurisdiction Of the Court and the reach OF
the public officers. Since that time have been
continually desirous and have exerted all my
power. pcrsuasively and otherwise. for the pur-
pose Of inducing him to return and submit to
the jurisdiction Of the Court and the discretion
OF IT, Judges. | never have been able to accom-
plish that until this time Will your Honor
permit mo 10 say that n bill of executions was
Immediately prepared upon the conviction. and
wa submitted TO Justice Daniels. who presided
upon the trial. and who prepared the bill Of ex-
ceptions for signature and settlement. but in
consequence Of the escape OF Mr.. Genet. he was
unwilling TO attach his signature to 1t. But be-
ievng that the bill OF exceptions could not be
properly settled without the presence Of Mr..
Genet, and although he was in contempt OF
court applied to the General Term for a man
damu- to compel the settlement and signature.
which was refused. An appeal was taken to
thu Court Of Appeals. where the judgment OF
the General Term was affirmed And now. II
your Honor please. believing that your Honor
may have seen the bill. or have so far under
stood It's features as to come TO the conclusion
that there is grave and serious doubt whether
the conviction Of Mr.. Genet can be sustained.
and in the merry and charity OF the
Court. willing 10 give Mr.. Genet's former
standing fair and full opportunity
TO test the legality Of his conviction. have in
duced Mr. Genet penitently TO return TO the
Court. and TO submit to Its discretion and iudg
ment And having done So feel great conf
dcnce in appealing TO your Honor for the ad-
mission TO bail of Mr.. Genet until the bill Of ex-
ceptions should be settled believe your Honor
Is aware from casual conversation in the retired
room oi the Judges that Justice Daniels is pre-
pared and ready 10 settle and sign the bill OF ex-
ceptions. hut only hesitated 10 do II on account
Of his conviction Of the impropricty Of doing so
so long rs Genet was at large. Judge Daniels
will suppose at once on the surrender of Mr.
Genet sign the bill Of exceptions. aud W" shall
then be in position TO submit IT 10 Judge Dan;
iels for stay. in the ordinary mode provided
Tor by the statute. But in the mean time. pray
your Honor and the public prosecutor 70 permit
the Court and pending the settlement Of the bill
OF exceptions. ash ing only TINT that bail snail
o. SO long as " Wiii t 40 npi,m nta h se,
ies. and then leaving Genet To the ordinary
course under the statute to stay And trust;
your Honor. without any enlargement and
the District Attorney also. will be willing
under the circumstances of this, case-the
the mere technically which iniervenes between
the settlement Of the bill Of exceptions and the
such bail as in your Judgment will be ample to
secure the attendance OF Mr.. Genet. am free
10 confess, under the circumstances Of his es.
cape AMI IN defiance oi the jurisdiction and
power of the court, that the bail should he
IAtgt lhrser lhHh Woulu oIuihhIily uhuer such
circumstances hc eXaeted; and we submit.
OF course, to that without any opposition. trust
ing. however that the amount OF bail Will not
Judge Davis-Do understand that Mr.. Ge-
net ha- surrendered himself to the custody Of
Mr. Beach-Yes sir. suppose he Is here as
- The control OF the Court. or the officers oi the
Judge Davls-Thc Court ought not to enter-
tam any motion whatever in his behalf unless
T. @6 NY So s1rre9errr rndarisnd it.
the sh"rih has representative here. We We're
Judge Davls-I think Mr. Genet must be in
the custody Of the Sheriff before the Court can
entertain any motion.
Assistant District Attorney Rollins-I did not
yArtc pate in the trial Of this case. and am very
litle acquainted with the facts developed 10y 1t.
naiur. of the charge which was made against
g. defendant, and To the claim which II made
u his hrhaf by his counsel. that the IN lictment
upon winch hr was convicted did not describe
tnr on nee Of which he was guilty, II he was
gul'y % any upon these facts-that is that the
money ny iase pretrnces. Certainly there may
wru b deemed % be some doubt on that gucs-
ton. T. Is intimA,rl that your Honor has. di-
!"iy or indirectly. had your attention called 10
thut matter.
Judgr Dayis-No have not Counsel should
MOI h--uiuc iu "a on such assumptions never
saw me hl ui cx'ertions, and know nothing Of
IN lu,-iions Intended 10 be presented by it.
Mr ispllius-Thc facts are such that am in
.inel 10 tAink that II an Application similar 10
mh' now made were made in court III the time
we I9hN would have entertained IL; and II IS
ti'gple thht ihc Court would have admitted
o.. urnet 10 bail IN sum sufficiently large to
I'rufi MS attendance. II tnt appllrhtOn hhd
Lc'i then made. | am free to admit that there is
e'uui enough 10 have justified, in my Julg
mont, such action Of the Court at the time. The
url'hlant DID not choose to make any such ap-
tNcat "a at N" time but escaped from the luris-
gltlpn ol the Court and has remained absent
uurihg all TINS time. He is now here II he had
t,.h arrested and brought here the District
attorney would certainly most earnestly oppose
~ adlulssio 10 bail hut as he has surrendered
Lilhs'li the Objection which would be ordina-
IlN Observed, that "a man who once escaped
Tuull bs Akeiy to run away again, would not
iaVe ~ much force II your Honor thinks that
n. lu 5tlon which ~ raised by the defence in
ills cuse is serious. one. is such n one that,
w reason Of your Honor's doubt upon ii. he
MoIld have been admitted TO bail IN the first
iapHL'A 90, ne District Attorney Is willing he
ssn,ui he balled now. provided your Honor will
iA lne ball in such a sum as will be- certain to
.nsuTr ihe appearance Of the defendant 10 an
b".I IN cas-" tue judgment is affirmed by the
lspp'liNe Court. do not remember how much
~, amount involved in tho case was.
,a4i b"a The amount was about ~ 900, and
~ Nmit u punishment under the statute 50
~ N1 lA" I'M Was concerned, would De about
tilVh. ln addition TO the Imprisonment for Il
sMI wllrh might be imposed.
Nh hOllns-I certainly think the bail ought
s,"N hisA"r thau the amount indicated by cOun-
nt ~ involved in The case, because II IS not a