New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-06-14
rs TT MISTAKEN IDENTITY.
POLICE VIEW OF THE GUTERMUTH CASE.
MIR. GUrERMUTH SUPPOSED TO HAVE BEEN TAKEN
FOR DR. CLAPP-DR. CGAPPs BROTHER AND HIS
FRIEND UNDER ARRHSr-A WRIT OF HABEAs
conp1,a N MRs HAWKES. CASE

FOR DIR. CIAPr-DR CIAPP's BROTHER AND HIs
FRIEND UNDER ARRRsr-A WRIT OF HABEAs
CORPUS IN MRS HAWKES. CASE.
The theory of the detectives who have been IN
vcstigaiing the fatal assault upon LOUIS w.
Gutermuth was disclosed h SeS'e aESstoG T"e ON
suspicion were known to be locked
up at Police Headquarters 1t Is that tne as
and that they mistook Mr. Gutermuth Tor Df' MOT
timer r. Clapp, of the RossnOre Hotel Robert I.
Clamp is the older brother OF Dr' CiapP'
AZ O bSs H ds%y }@''D brothers I'll oS %
Henry ID. Clapp the former proprietor OF the koss
more Hotel, died on June >, 1850 IN Nery sn I
between Dr. Mortimer K. Clapp ana Robert y.
Clapp his sons. BY the Will OF the laJheT thel
were made joint executors OF tho estate. hooTrt
had been Il partner OF his father III Inc
hotel business and was instructed by
the Will to continue the business Tor
the benefit of the whole family me reSlduary
i 1850 10 Judge DAILY 10y Dr. Mortimer Ciapp IN a
suit against Robert G.. Clapp ior lHcd CIV -; 10
manage tue hotel for the beneht OF an thf IlelIs
The plaintiff alleged in the complaint that robert
was INDUCING III the habit of drin king c%-
cess quantities a1d had Of around 'I him 0 and
associated with him persons win whom JIG III
dulpcd in gross and scandaOus excuses" Inc com
plant further alleged that he had lnlsihannagcd we
botel permitted the table TO run down ana the
servants TO become insOlent and that, as cOnsc-
oucnce guests had become dissatisfied and lett the
house The defendant made general DENIAL OF ,l9
allegations lie SAID that the house mad
never done q better business, every room
being occupied. He asserted that the
plaintiffs real grievance was lIaV ne n ,i ofom
charged for his board at the hotel The htlgati9n
resulted III the appointment as receiver OF MI
Rand who has since conducted the hotel.
robert Capp was arTalsned IN August aS' pel i;
Justice Morgan i'll the Jefferson Market Police
CONT CHARGED with hahitual drunkenness
thereby injuring the business Of the hotel
and doing damage to the th interests s,soi, VI
The comnlainant was his mother, Mre. Huldah H.
Capp. who desired to have Robert sent to the Kings
County IneOrlate. Asylum She iesuheu 10 tnc
Garna,re done to the business by the young name
habits Miss Cora Clapp, sister OF the delTnuall
gave similar evidence Justice Morgan howegeI,
did not find sufficient grounds Tor holding Vhc young
man who was consequently discharged
Robert was arrested last fall by policeman OIL th9
Iyentv-ninth Precinct for assau .ng his brother IN
tbe R0SsmOre Hotel and alter beng taken To INC
uoIicn station Inc made another attempt TO strike
Martinez in front of the scrgesnts desk. lie was
locked up at the time, but atterward was set
at Lbertv One of his closest friends
has been John X Imley, private detective, OF No
ga Sixth-ayc The men were together much OF the
time Mt night. lmley formerly Kept an oyster sa-
loon IN Eighth-ave, near fnjletI,St., anu at o,lo
time he was an insurance agent. lie went mo the
ectIve business with lilly and Heidelberg
hnt afterward set up Tor himself On the night OF
rested by two policemen of the Iwenty-secohd IRE
c1nc+ Clamp was charged with being drunk ana
dlsordcrly and lmey, VINO was In ms company at
tho time was accused of assauItlng FRANCIS llama
S,Xfh-aye The prisoners were fined TlO each III a
police court on the following day.
The first thing that led the police to suspect ihall
Robert C.. Clapp and his companion had assaulted
MIR (iutermuth chance remark nade
by Roberts brother treHlTGs 70 Rev nf the
Tweutv-second Precinct, that he believed the as
sanlt was the result of mistake. lie Thought lhat
# had been Instlgated by his brother Robert, ana
AZ
Intended for himself There was IA
sIrong resemblance between Dr. C.app ana
MIR (iutermutb, which would account easily Tor
such a blunder on the part OF the assailants Inc
ONLY witness of the assault was Mrs. llawkes Ter
description OF the assaIlants Tailed closely with
the appearance of Robert 1. Clapp ana ms friend
| Imlev Coroner Merkle was informed OF the
suspicOns which the police entertained, and
on Monday he authorized the arrest OF
fine two suspected men. Robert I. Clapp
VAS arrested at 10 o'clock on Monday night, ana
locked up al Police Headquarters by Detective.
SerGeants Frnk and McGrann; lmley was arrested
at / a. III. by Detective Reilly ana captain MI
IIea. of the Twenty -second Precinct, ana alter
ward was delivered to Inspector Byrncs at Police
I6r arrest of Mrs. Hawkes. on Monday evening,
winch was reported in HE tribune yesterday,
was the result Of suplclon that sine was trying 10
hide valuable information on account OF lcr lrlchu-
ship for the Capp family. DE- ClapP had shown "a
disposition 10 rctract what lie had SAID about his
brother and II feared that Mrs. Hawkes. might
nat identify the men who struck MIR. GutermutlI,
nVcn IL they were placed before hcI Miss Nellie
c - US ' 1ermItted TO remain with Mrs Hawkes.
on Monday night, and they occupied comfortable
room adjoining the detective ONCE on
tIe first floor OF Police headquarters
Yesterday an attempt was made to have lmiey and
Robert G. Clapp Identified by MIS. hawkes.. ne
two men werc placed i'll room with some officers III
citizens dress aud she asked II she could point
out the assaIlants OF Mr.. Gutermnth. She sand she
could not. he two prisoners a1terward were con
fronted with her' ouI SIG iciuSou ~ io'oI'ii'' ~
Tn REGARD to Mrs Hawkes. a number of stories
were afioat Yesterday among persons who SAID they
had known her for long time III was stated Oy
one man that she had Ived Tor considerable tune
in San Francisco, where her conduct had been at
least questionable. He knew y. ShaftOn Hawkes..
Dnrinr The residence of Mrs. Hawkes. III this city
at No or Seventb-ave., Mr. Hawkes. had hired car
riagcs very often 1T livery stable near his house.
Some months ago he sent messenger boy To TINS
stable with note 10 the proprietor requesting HIM
10 send his bill by the bearer, his was done, ana
the boy shortly attcrward returned with the iull
amount due and note requesting the staOlckccpci
10 send no more carriages to 0lI on Mr..
HAWKES. account, and saying that II they
were sent il would be at the staDe kecpers own
risk Mr. HaW kcs subsequently D.issed from
ms accustomed resorts, and Mrs Hawkes. has since
stated that ne Is Manitoba fishing for salmon 1t
was also stated Yesterday tnat Miss NeAle C4app
spent q great deal OF time ut Mo Hawkes. house,
whcIe the two women were called upon ny many
men.
from Justice Donohuc writ OF habeas corpus III
favor of Mrs Hawkes.. The writ issued on the
petjtlon of illam Webb Mrs. HAWKES. father.
who alleged that ms daughter had ben taken Will
out warrant or legal authority to Police lieadguar-
ters where she had been detained. 1t was supposed
that Mrs Hawkes. arrest was due TO the fact that
she was in company with MI. Gutermuth when he
was assaulted but that she had no other knOwl-
edge of the assault than that which she had already
made known. Justice DonOhue made the WIT re-
turnable Immediately ana at o'clock
Mrs Hawkes. appeared in court, accom-
panied by her counsel, john ID. Townsend.
Inspector Byrnes said III making return 10 the writ.
that he had detained Mrs. Hawkes. by Coroner
MARI la's a + eff on
knowledge Of the attack on Mr. Gutter
muth. and OF the assaants. Mr..
Townsend said in reply that tins was not sui
hcent ground for the detention OF auY person. HIS
client did not wish " interfere with the proper ad-
ministTatlon Of justice; but IN her present weak
hlnnlel %