The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-02-14

APPLICATION TO ADMIT HIM TO BAIL GRANTED
THE AMOUNT FIXED AT rwRNTY-FIvE THOU
SAND DOLLARS.
Robert /. Case, the convicted president OF the
Security Life Insurance Company, after many pro-
viously unsuccessful attempts, was yesterday ad-
mitred to bail by Judge Donohus. When MIR. Case
was convicted OF perjury swearing to false state
ments concerning the affairs OF the company Of which
was president, 1t was generally supposed that his
release. either bail otherwise not probable,
inasmuch the efforts TO secure Tor him even stay
OF proceedings we're carried on some time before
they proved nuaiy successful. The counsel for
Mr. Case, Messrs. Sullivan, Kobbe and Fowler,
several days ago obtained from Judge Donohue a
writ OF habeas corpus and order 10 show cause,
which, after TWO adjournments. came up Tor argu-
ment yesterday Owing to the press OF business
before him Judge Oonohue heard tho argument in
his private room.
Promptly at ains O'Clock A. NJ the several counsel.
apce in the JUDGES private roo followed closely by
the reporters and few other interested parties.
THE PROCEEDINGS
The proceedings were opened NY Mr. sullivan, VINO
eaid that he there simply to urge an application
to admit TO baii Robert L. Case, leaving 1t 10 the
Court TO fix tho amount There was no aispute, he
said, Mr. Case indicted Tor perjury; he was
convicted appeal had been taken, writ OF
allowed, ana upon proper applications that
writ OF should operate as stay oi proceedings
until the disposition OF the For several mouths
since that date Mr.. Case by advice vi his COUNSEL,
had allowed the matter to rest without any iurtner
move, causing him great acal of excitement,
partly because he (Mr Case hoped before this iime
the case might be brought GU Tor nearing in the
General Term. Mr.. SULLIVAN deemed IL advisable,
lust aud right III with the usual course OF
things, ask His Honor TO ADMIT Mr.. Case 10 bail,
and unless something should be said by the Dstrict
Attorney 10 make It necessary 10 say more ne haa
nothing further TO add. 81 wish TO say, however,
continued Mr. SULLIVAN, "that understand TINS 10 DO
mater which the courts exercise favorable DIS
cretion unless there Is some overwhelming reason
why II should not be granted"
In reply to Nr sullivan Assistant District Attorney
Rollins that he had fu charge of the prosecution
the case, and that had boon tried with sren elao-
Grafton and caro- both sides, anu that, while he was
ignorant OF the grounds on which Judge DyKman had
seen 1t to grant stay, they hau the opinon OF TWO
other judges that the verdict was proper ana Just
District Attorney was prepared To argue
the appeal the last General Term Tho counsel for
the prisoner not prepared. II argument had then
been had and the judgment affirmed, u would have
been stronger reason against granting the present
application. II on the other hand II had been re-
versed the District Attorney would have made sa
rious opposition 10 the prisoners giving BAH pending
these views, considered himself justified IN oppos
inR the present application.
Judge Donohue said that, TO his mind prisoner
was entitled TO be protected in all the rights guaan-
tced hlm by the law, whether or not The crime Of
which he convicted was one which incurred I'M
usual public Reproduction. He would assume that the
Judge who granted the stay had, utter an examna-
ton OF the testimony, come 10 the conclusion that
the prisoner had reasonable grounds to expect re-
versal OF tho judgment OH appeal with the posi-
bty oil such q reversal there was good reason
why Imprisonment pending the determination OF his
appeal should be added 10 tue period OF MS sentence
n that sentence should be finally afnrmed.
FrxED
The only question in the Gaze. therefore, was what
amount Of bail would be necessary 10 secure his at
tendance subject himself TO Ihe final ueclson OF
the Court. In Genet case the amount had been
liked $25 O00 and he thought that amount would be
far end reasonable In the present case. Alter few
words explanation and correction OF the statement
vi Mr. Rollins, To the effect that the prisoners counsel
delayed the arg ument before the General Term, and
the assertion that District Attorney Phelps had al.
mittsd that equally unready on that occasion.
announced that me friends vi Mr.. case would
be prepared within day TO furnish the neces
sary amount, they were residents OF Westminster
county.
HIS EARLY RELEASE PRoBABLE.
Al the close OF the proceedings Mr.. Algernon 5.
Sullivan, counsel Tor the prisoner stated IN copversa
ton, he dld not think they would be able to get
their bondsmen here and have the bond perfected and
approved before this morning. He had great CONT
dence that the exceptions taken on the trial would
have weight with the General Term, and that the re-
suit would be chance 10 his client Tor lib
erty Case not present during the proceedings,
but Il was oil him by his counsel TINT his
nnement and mortihcation ut his present position
have told very perceptbly on his health. The prac.
tice OF admitting to bail IN such cases. where stay
has been granted is so common that no doubt OF the
OF IN application enter tanned by either The
counsel or HIS client.