Omaha daily bee., 1883-04-19

Some Of the Victims OF His Franks.

Some Of the Victims Of His Franks.
The Lincoln Journal contains the
following interesting particulars of a
case growing out Of some OF the crazy
freaks OF the crank, Borden, who
figured pretty oonspicuously several
times in Omaha as q detective, and
who is undoubtedly q fraud OF the
frat water:
1t was 10 O'Clock yesterday morn.
ing when the attorney for the officers
In the B,own.Abbott habeas corpus
case, O. @. Burr, appeared In oourt.
The attorneys for the prisoners, O. q.
Tanner, OF Hastings, and j. M. De.
weese, Of Marquette, Dsweese & Hall,
had been waiting impatiently for some
time.
The motion for the discharge Of the
prisoners was presented by DR.. Tan.
ner, and was based on the grounds,
first, that the oapias on which the
prisoners were held did not allege any
offense known to the law, tho offsnae
alleged was fraudulent and fe%lonious
arrest and imprisonment; second, that
the time ut which the offense was
committed was not given; third, that
the person on whom II was committed
was not named; fourth, that the capias
was illegal, and fifth, that the prlaon.
oners we're unlawfully held.
The argument of the counsel for the
prisoners was chiefly to sustain In the
frat count In the motion. They
claimed that there was no such of.
fense known to the law as described
in the oapiau; that the only ofsnse
which could be meant was false i'm
prisonmens, and that this wal not an
indlotsble offsnse.
The counsel for the other side held
that the indictment itself &c fl GENTLY
set forth the facts and that II was neo
essary to p~articularizs In Q capias on
an indictment az In an ordinary war
rant; that the words fraudulent and
~felonious imprisonment sol Fl ,iently de.
scribed false imprisonment, and au-
thorsties were read to the effect that il
Q crime 10 substantially described the
oapias shail be good.
The fact Of the matter was that the
hardness of the counsel for the officers
In the morning Wa not without an OBJ.
ject. He had some doubt himself al
to the validity Of the oaplas and on
the evening before had photographed
to Frank Ireland to come up with
. new writ. His argument yester
day morning was largely . tall
, against time. Mi. Irelsnt
and Prosecuting Attorney StrodS ar
rived on the noon train and were
; ready to re.arrest the prisoners II they
|. should DO released. This step proved
|. . unnecessary, however, as Judge
Parker decided that sufficient cause
!. had not been shown ~hy he should
! interfere with the ofi,ers and 70
handed the prisoners back to Gus,
q tody. 1t was about 2 o'clock wher
: the case was closed and the prisoner
' were hustled down to the train ant
! taken to Nebraska City. The indict
ment of the grand jury was for kid,
mapping, and not for false imprison
ment which the writ led even Mr.
, Barr to suppose was the offenst
. charged. This was learned when MI
. Strobe arrived.
While waiting for the case to b
. called the reporter got from George e
= Brown, one Of the prisoners, the fol
lowing brief history OF the case, mes
Z of which has already been given II
The Journal: A man by the name O
= Borden was arrested lsst December a
1 Hastings, for attempting to jump
board bill, ard was put under oharg
I OF Geo E Brown, who then had
: store at Ayr, and has now q store an,
y and grist mill at Hastings. Paper
10 were found on b ,rden which SCENE,
- to impllcste him In the abduction O
Maggie Henecke, at Milwaukee som
\ time before, and he confessed to Brow
that he was concerned in 1t, implicit
ing also a DR.. McCune, A man y tn
name of Hamilton was subsequent,
arrested at Nebraska City, answer
!. ing to his description of M,Cune
- This man was arrested, 1t IL claimed
n without proper legal authority. H
was guarded several days and fnall,
~ declared 1t was an outrage and Wake
out Of the house with the guards gun
covering him, and telling them I
= shoot II they wanted to. Brown an
!, Deputy Sheriff Abbott, who had al
a. rested him, learned from Sioux City
Hamilton's home, that he wal thei
~ at the time Of the abduction an
- made no further attempts to detail
- him. 1t is tor this 'rrest and In
prisonment Of Hamilton that b COW
:, and Abbott are now indicted.
re Borden afterward went with Brow
,n to Milwaukee and Henecke agreed
to give Borden IS QUO il he would y,
a. turn his daughter. Borden agree
he and professed TO start to where u
girl was, Brown accompanying him
as get the girl aud pay over the IS 0O(
N. Brown rays that at Chicago, Bords
re- fell Ia with his pals, and they refuse
to return the girlfor less than $40, 0ov
re- as they said they had the drop {
he old man Henecke, and he won
sv not dare to prosecute them. Brow
10. had already spent 5000 out Of his ow
nd pocket, and as he could not afford
ma pursue the case further he left Bord,
M, and returned home. He says that |
he has received two letters from Bord,
up at New Orleans, saying that he vi
Nm there with the girl, and was waltz
ey for Brown to oome and take her.
The case was . curious one, and
I'd, one seems to be able to undsrstal
en- whether Borden 10 Q crank or q Gu
Ike ming sharper who enjoys travelling