The New York herald., 1879-07-08
PATROLMAN ~UI.LY.

THE CONVICTED AssAILANT OF RoUNDsMAN ORR
OF IN THE PENITENTIARY-sHERIFFR REILLY's
EXPLANATION OF THE STRANGE PROCEEDING.
1t is seldom that public indignation is aroused to
such extent petty case as it has been over
that of Police Oficer Tuly who was convicted few
days since Of most brutal assault his superior
officer He was sentenced in the Court of Special
Sessions to three months penal servtude in the
Penitentiary. and the day sentence passed ne
was delivered to Deputy Sheriff Meehan on o writ Of
habeas corpus issued by Justice Donohue. of the
Supreme Court. Yesterday morning he brought
before the Supreme Court, where there to be an
argument for admission to bail pending the result Of
a certiorari to review the case issued also by tho
Supreme Court. The argument for bail was post
poned until this morning at half-past ten O'Clock.
The fact that Tully, convicted criminal. should.
Immediately his conviction be allowed the priv.
ilege Of going about the city at will in company with
q Sheriff officer, seemed such an anomaly TO ordi-
nary citizens that their indignation naturally
aroused. And yet it would seem that this he oeen
for years the general practice in wt,.s con-
victed persons have been rcmanded to the custody
of the Sheriff pending argument before the supreme
Court. 1t has been enormously stated by Official
that Tully is now under $500 bail; such Is the
case He was under that bail pending his trial be-
fore the Court of Special Sessions but the bail bond
of course expired when he was tried and convicted.
He is under no bail whatever. but IL simply in
the custody of the Sheriff. who is responsible for
his production to the supreme Court under the writ
INTERVIEW WITH SHERIFF REILLY.
Sheriff Reilly found at his Office yesterday
morning by HERALD reporter. and courteousy ex-
pressed himself entirely willing to give any in
formation he possessed about the matter.
How does it happen, Sheriff. asked the reporter,
'sthat man convicted OF felony can be at largeY
'.He is not at large. sir; he is in my custody
"Well, he is not in prison..
ssNO. he is locked He not ordered to
be locked up by the Court. He simply ordered
to the custody of the Sheriff have put him in
to the Court for his safe keeping"
"Yes. but shouldn't he be locked up?"
that kind in charge of Ndeputy sheriff. remember
once that Horace Greeley placed in my charge.
/ was deputy sheriff then. He was in the Sheriff 3
custody. but he did not 80 to prison"
"How long will he be permitted to remain in charge
of your oficer?'
.'rhat is entirely within the power of the Court.
The Court could remand him to the City Prison, or
could put him in the custody OF his counsel or in
fact of any one The comes up argument
to allow him to bail to- morrow morning. The Court
then send him anywhere. or leave him in my
custody pending the review Of his case. II the
Court admits him to bail OF course he is discharged
from my custody.
why do you not lock him up9'
"It is discretionary with me as to what shall do
with him. Besides, have no power over the City
Prison. If they took him there for me it would
merely be act OF courtesy"
.'You have Ludlow Street Jail though"
'Yes could lock him up there. but criminals, un-
less they from the United States courts, are
seldom locked up there We could not place him in
solitary confinement, and we would not want to let
him 60 with unconvicted men,.
ISOLATED
"Are there many such cases his?'
"Oh yes; they come up every day. The Court can
send man anywhere. 1t all depends upon the
wording OF the order. If he had been 'remanded he
would lave been locked up in the Tombs, but Gus
tody of the Sheriff means that am responsible foi
HIM and can keep him where like.
could he 10 to Coney Island with his deputy?"
'.No. sir: he cannot leave the county. II the
deputy should allow him to leave the county under
any circumstances would Of course discharge him
instantly"
'Does he pay anything for the privilege of deputy
sherifrs company 2?
"Not o cent SIR"
It is said that the man claims to have what he
calls political pull %
II am sure do not know anything about that. He
has none with me. / him but twice in my
lfe-once on the Sd Of July and to-day. do not
even know to which party he belongs"
Judge Donohue said the case would come before
the Supreme Court for review, aud that pending that
argument would be offered for ball. the result OF
which, of course, he could not foreshadow.
District Attorney Phelps said his Office had nothing
to do with Special Session but that when the
matter should como before the Supreme Court on
question of Tully's admission to bail he should op
pose it.