The New York herald., 1879-03-30

court room and moved toward the door. The other
gentlemen started toward the gate.
.sYou will please come back. gentlemen" cried
Mr. William A. Beach, counsel for Mr.. Gumbleton.
to examining his client. On seeing the move made
by the other side he requested the Justice to prevent
Tbe officers will see that these gentlemen do not
leave the court" was the Justices order.
Two policemen followed Mr.. Costgan and Mr..
Fellows down the middle aisle while others held
from leaving After few words between the officers
and the two gentlemen the latter returned smiling to
HOW euMBLEros's OFFICE WAS CAPTURED.
Mr.. Gumbleton was then sworn and his examine
ton by Mr.. Beach begun. Mr. Artcmus II.
Holmes, OF the Bar Association and counsel for Mr.
Thompson stood near the inner railing. taking notes
the story already published, of how he was refused
admittsnce to his office the morning Of the 18th
This ended the examination, ana Justice Duffy
asked if counsel for the defence wished to examine
Mr.. Gumbleton
"Al examination has been waived Your Honor,
Mr. Alexander ). Dowd was the next witness called.
He testified that the night of the 18th inst he was
in the County Clerks Office with the janitor of the
building in the room on the lower floor used for
Mecosker was the one who closed the Office;
and communicated with a storage room
which was used for storage for the building
generally and not appropriated to tho use OF the
County Clerk s office. The witness he gave the de-
Justice Duffy then asked counsel for the defence if
he desired to crossexamine the Witness and received
the same reply as before from Mr.. Holmes.
WHAT DoOKBINDER SAW.
James p. Burke, bookbinder in the Office Of the
County Clerk. was then called. He was questioned
about the door where the parties had entered and he
pl lesented diagram of it to the Court.
This ended witness testimony and Justice Duffy
asked il Mr. Holmes desired to cross-examine him.
Ii Your Honor please we do not appear further for
the derence.
Mr.. John E. Wade was the next witness He said
1>aau oh yifb fha
Office until last Saturday; had heard of the entry by
Mr.. Thompson and his friends: and had several con,
him that he had been sent for by Mr..
Thompson. and that he had gone to Mr.:
there afD foand Mr.. Thompson, NJ costisan, Maurice
j. Power and some others. and that they had dis
cussion to how they could take possession Of the
the@ Ine and a led ' the way % to the entrance Of
the bindery in the basement; then they broke
also told witness that he had been sent for together
with several members of his club. and that he had
been up several nights from his conversation wit
ness Judged it was on that matter
THE JANrroR DEFENDS THE PASS
| This concluded witness examination, and Justice
Duffy varied his question by asking any of the
| cnsed parties would like to crossexsmine To this
| he received no answer.
House. was next called. He corroborated the testi-
mony of Dowd in regard to the locking of the build
ing and the disturbance caused in the night by the
entry of Mr.. Thompson and his friends; witness
was in the way of the party as they came up from
| the basement they did not lay hands on HIM, but
only kept trying to press him back with their stom
achs.
Costgan at once drew the attention of all eyes, and
| the answer OF witness excited general laugh.
| Witness next tried to retain possession OF the
| County Clerks desks. surrounded by glass parti-
ton; he got in there and locked all the doors,
manning inside; the other parties got small ladder.
placed 1t against the partition and tried to climb
we he
desk and unlocked the DOORS letting all the party in
then he tried to go out OF the building but they
would not let him at last he succeeded in escaping
through window and informed Mr.. Gumbleton of
| what had taken place
The witness concluded, and Justice Duffy asked the
same question, to whether any one desired to
cross-exanline. receiving no answer
Mr.. Henry L. Knox next took the stand. He was
at the County Clerk IS Office the morning OF the
18th, between halfpast three and five O'Clock; he
had previously been to Mr.. Thompson's house, and
house about half-past two in the morning. Mr..
Thompson having also gone there for the purpose Of
having his bonds approved.
THE ACCUSED REFUSE TO ANSWER.
THAT makes the case, sir on the part OF the peo-
ple.' said Mr.. Beach. smiling.
non. do you want to put in any evidence on the part
of your defence? II the Court is ready to hear it.
long silence succeeded this question by the
Judge which became more painfully sensi-
BILE the minutes passed by. the ticking
Of the CLOCK IN t the ns ssac
broke the silence by asking. "whst do the defence
answer. Your Honory'
"And they stand mute, as becomes them. retorted
Mr.. Beach. "The gentlemen accused will please
stand"
Not q muscle Of the four accused gentlemen
moved they remained in their seats with an ex-
preston or supreme Indifference on their faces.
The request to stand WAS again repeated, and an
Justice Duffy said that IL 1t were not for the fact
that he did not desire to make martyrs of the gentle
men he would punish them severely for their OBJ
ssinacy. yy.u,. - ,uos. l., NJ,
Ynnr Hon r,1Q these Opnf
under instruction of their counsel to answer no que
ries which Your Honor puts them. Not having the
the ''sa duty sn0 Of '0fl the % Court to '' put to
Of court Hi in session when Your Honor requests
them to, 1t seems to me that there Is nothing to
be done except to hold these gentlemen to bail to
answer to the offence which Is thus confessed and
which is distinctly proven against them. and
move that Your Honor require proper and ap-
propriate amount OF bail from each OF them"
COMMITTED BY THE COURT.
'.The Court, on the evidence said Justice Duffy,
hnds there is proper to hold you. and you are
held each in $500 to answer"
The accused gentlemen made no reply nor did
they stir from their seats. No bondsmen appeared
no bail was offered After looking around the court
room . while and finding nothing to do the Justice
retired TO hts private ROOM No attention whatever
ustaa puX was circulated to
the effect that upon the detention of the gentlemen
in court when the taking of the testimony was be-
gun, one OF defendants counsel had immediately
gone to the Supreme Court. Chambers. before Judge
Lawrence, and procured writ of habeas
corpus on the ground of Illegal detention.
On Investigation this proved to be true. and 1t was
said that messenger would be in the room to serve
the writ in a few moments. This rumor soon got to
the of Justice Duffy who returned to the court
room and raped ON the desk for order.
"Mcssrs. Thompson. Clarkson. Costgan and Gan
non said the Justice, 'the Court understands that
you have applied tor writ OF habeas corpus IL
should fully commit you It would defeat the writ. as
you would be committed to the charge of the Warden
of the City Prison. I will only commit you to the
care of the sergeant here in this court room, and
you can wait until the writ comes until you fur
nish bail"
Counsel for the accused parties then came before
Justice Duffy and explained that the for tho
strange indifference Of the gentlemen and for their
refusing to stand up when ordered was the ad-
their counsel not TO recognize tho proceedings
or to do or say anything to prejudice their case.
The commitment papers wero here made out and
were handed TO the sergeant, and Justice Duify
out to take lunch. saying that he would return
in few minutes
Before he returned, however. the messenger came
from the Supreme Court with the writ of habeas
corpus. One copy directed to Justice Duty and
l H.