The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-08-13
THE BRAZILIAN FORGERS.

DISCHARGED BY JUDGE VAN BRUNT WITH RE-
GREr THAT THERE Is NO LAW TO HOLD
THEM-THEIR INDICTMENT AND REARREsr--
ANOTHER HABEAs CORPUS.
In the case of Francesca Antonio Rodricuez
Sanabria and Jonas b. Bebelagua charged with
engraving Brazilian Treasury notes in this city with
u view of uttering them in Brazil whose discharge
was asked in habeas corpus proceedings by their
counsel. Mr. William +. Howe, and in which the ar
gument was heard on Monday by Judge Van Brunt
in Supreme Court. Chambers. decision was given
yesterday by Judge VSn Brunt In q lengthy
opinion Judge Van Brunt sustained the ground taken
by Mr.. Howe-that the accused had committed
offence against the laws of this State. and that
the fact Of having in their possession engrav-
ings Of the Brazilian notes could NOT under our
statutes be construed into attempt to commit
forgery, and that the printers could under our
laws be held either tor forgery attempt
nit that crime. He held that statutes were dc.
fective and that there no statute to meet or
cover this case the prisoners must be discharged.
In the case Of The People against Stern.
reported in % Wendell, he drew the dis
tinction which he said must be applied to
this case. The prisoners had not in this
case gone far enough. They had not attempted to
aix any signatures to the notes, and consequently
had not attempted to Jorge any instrument in writ
ing being or puiporting to be the act Of another.
He had carefully read all the evidence in the and
regretted that there was law the statute book
which enabled him to detain the prisoners. 1t
manifest from the evidence that the prisoners had
not committed any offence. and therefore the motion
for their discharge must be granted
INDICTMENT AND REARREsT.
On the rendition OF the decision the keepers hav-
ing the prisoners in charge at removed their
handouts. and the latter very jubilant at being
set free. Their jubilation, however, OF short
duration. Immediately on leaving the court room
they rearrested by Detective Field bench
warrant following an indictment found against them
by the Grand Jury of the Court of General Sessions
charging them with forgery in the third degree
Mr. Howe at once proceeded with the newly made
prisoners to the Court General Sessions where he
made motion before Judge Gilderseeve to quash
the indictment and discharge the prisoners. He
cited basis OF such motion the opinion Of Judge
Van Brunt under which lie claims that the prisoners
should be Immediately discharged.
Assistant District Attorney Bell asked that the
ton to quash the indictment be delayed till this
morning, TO give him time to consult with the
thorities bearing the
Judge Gildersleeve stated that while he had the
highest respect for Judge Van Brunts opinion he
felt it to be his duty to give the District Attorney
opportunity to be heard. He therefore set the
down for argument this morning.
This disposition of the case, however. did not
seem to satisfy MIR. Howe Instead OF waiting the
argument ON the motion TO quash the indictment he
directly applied to Judge Van Brunt tor writs Of
habeas corpus and certiorari. which were promptly
granted anu made returnable this morning.