New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-10-06
JAEHNE TO STAY IN PRISON.
THE coryRr OF APPEALS AGAINST HIM.

THE; COURT CE Ar Chho
NOW THE DECISION WILL AFrECT The 0'
n,crvp ALprRMEN-JoY IN The DisIRi0f
,rropxry's OFFICE AND BUT LIT
TILE ALARM AMONG JAbhNEe
AssOCIATEs-oTHERT TR'-
AIsExpEcTED SOON.
D;s,r;ct- Attorney MARITIME received 'n,o''on
49,. g., ,,o ,orenoon Yesterday that the C""r' VI :,
had aa,rmed the Judgment OF the oou.so ,Issman
raru,iner rendered on May lo' o'' a,anc.a Inv
us,r, w. Jsehne Of bribery. Jaenhe ""o 80, i'm
Judge Barrett under TINS oou''"'"
prisonment In the state frison- - -. .o Albany on
P,,, D;strict- Attorney Nico went 70 Aio""S y"
,,n,av Gaming and almost the first iniorms'on 90 "
an, Aac,son received by Mr.. Marune was oon' q T,a
.,.nrom from Mr. Nicoll which simIV '"'' -
,..nna rase is afhrued" Mr.. Naruhe "'' ~ -, ,,o,
a,,eed nv the result He had heara on S". ~ s
,hs s.p,t misht be in favor OF his positoh ou' Io
INC ioes. .na, the Information vas correct lie was
,ia.s at the legal victory, as successi"
-. oas.. have been rare in this country "A 90
,.,svr.m from Mr. NicOll conveyed 'no '".o g., the
,our ,uases had concurred with Juuse teen n
nrova,ing opinion and that Judge Rapaio uau NJ
disscr ting opinion. In which 'uuko ~
N,,olra telegr sm continued; g., us
.vs road opnion of court. Very strong top ST
nj 10 that the proceedings OF tne "vaiN "'N
corroborative Of confession. "atcn ,,,,ons
...,sr,ous worl watch" his own intui'ohs
oas,aa tn the district Attorney the necessary VI eo"
acoo and he sent at for Inspector byrne'' VIZ
On eood humor at the result oil the app0". -,
onsals con ,rrred for an hour IL "as s"' ~ -.
.,oas,. houdsnen had disposed Of some properly oo
r n tear WAS expressed that any OF tue oo 49,,
no, ooa for the amount Of their bonds Tie wa'c" o'o
~. ,naicted Aldermen will probably be kept uP IN
fully as possible. ,,, ,r,.r h. heard
MI MARITIME said with sigh OF reiio ""0" -' y, .,
the resuit OF the Judges consideration OF 'ne case "
a great relief and great reason Tor oouSrA'
-. .s-mea IL would have been Impossible 10 eonV'o'
80 ona n, bribery In any city In the elate eAo'p' a.
New-Yo,k and few others, and tho Pun'snnios .,
have been very light IN those places "no'0 'o .-
,ra. ,ossble The Law is now firmly seuieu sh" 'ue'o
need he DO moro doubt or hesitation Oh 'u"' "''''
now know Just how to proceed. u.,.,,,
~wi,l you take up OF the other cases
was asked , ,. .,.,o vu,
~Ihsve not made ur my mind 1uiiy, w. ."e,o VIZ
cert.inly be some action taken this MONTH iue
Ju,y is composed, I believe. oil sehtieue" WV 81 ~
canable of transactug important business ana We .na
rohably have something for them 10 90 ou''ie VI '0
ordinary business One OF the cases may DO ''ou " WV
Cr, q, Genersl Sessions this mouth The cases "ere
,,.,crred back again st my request from thc oyer "
Tsru,ner to the General Sessions, 80 that any o no
caaes could be taken up before ihe oyer ana ieriu'
meets next mouth" .,
aCan vou ts)l which case will be taken up nrstf
.,hsve in mind the OF three men ana ie.pec''
,.s soma,btue occurs 10 change my determination 10
tata nm one of those three cases. but do not kho"
which do not think would be wise to tell VINO lnose
three men are"
ia one OF them ex-Aldcrman KirkF
hardly say as to that. TEere are three men OF
whom two belong to political party or lac'on 'nu
one to another. I can say nothing more.
"Is there anything further to be done in fee'r" u
Jaehnei'
Nothing all by this Office unless there should oe an
anpeaton for pardon the Governor ana IN tnat caHo
could only give my oIinon II asked that l "a" uo
reason for clcmency 1t s not prop 'oie tha' an' '
application will be made until there Is another Dlst'cE
Attorney"
~Iylll any more OF the bIibe-eivers be indicted'
"Icannot say the Grand Jury VII cer'aipiy nave
something to say ,...
Mr. Martue said that II the decision had been ADVERSE
Mr. Nicoll WAS pref ared to argue in favor OF oon
tina, nsw senteuce only required. that the ent're
proceedings might not fail Mr. Martne receive' III guy
CONGRATULATIONS ono being by telegraph from the
Barrett Association OF which Mr. Mart q" s'd he ""u
mt heard He left his Office late hour to dine win
Hr Nicoll his return from Albany.
WHAT MIR. NICoLL SAYS
Mr. N,co arrived at : 80. He met at tho depot
h, Inspector Byrnss and after stopping "t MS mousse h
Twenfy-sxth-st leave his satciel ana AT tue o'ei
sv Clab TO le We note Mr.. Mrtne. he went 10 the
Jnseetr's bouse Nnthst The two were together lot
IN hon, bnt what the subject OF their conversation was
further than that it the AderDahc hriely
cases. both refused 10 divuge After MS mrrVe" win
the INSPECTOR Nicol reiIIned 10 The University 'uo
ami there received a TRIBUNE reporter To tue oues-
t,n (Which OF the booole Aldermen will be tiled next
he replied:
Il would prefer not to answer that question We have
deriiei upon the man, out prefer that he should De
notified in the regular legal way The case Will De-
called IN the Court Of General Sessions this month and
either Judge lderseeve Judge Cowmg will preside;
probably the halter
o,,lo of alaI psai
the prevailing opinion carefully and find that 1t supports
the prosecution in every and IT decides that the
first count of til, ndictmert was av 'laO- either under
the Penal Code the Consolidation Act We never
regarded the Jaehne case as difficult ne,but still we
looK upon its O tcome as considerable OF victory.
Strange as II may seem ad no iccedent to guide s
as this is the first instance in tie aas OF the Court OF
Aureals OF "A conviction of bribery being sustained In
fact the second o. bribery ever brought to the
attention Of court of last resort Several years aga
case bribery Appealed but the Judgment OF the
lower court reversed. The dissenting opinion in tile
Jaehae case stlen by Judge Rapalo and coDcurred IN
by Judge Earle, is almost exclusively given up to SHOW
ing tnat the case shond have been tried under the Con
eolriaton Act.
Have any steps been taken toward indicne the bbe
giveIsr'
Not 10 my knowledge However, I had rather not
talk about that vet. It's too early"
II fully hour after the decision was known In
the newspaper offices tuat Mr. MARITIME received Mr..
Nicols dispatch announcing It, The latter good-humOr
edy told how this happened.
YES the wspsper men beat" te said; there's ut
use Tying get ahead OF them reached the Court OF
Appeals Chamber sariy and waited patiently for the
decision When announced the reporters Started
at once for telegraph othce not far behind
them but lost my way and went way down into the
basement BY tue time had found the telegraph office
the reporters had filed their dispatches and gone look
for news"
Inspector Byrnes said last night that the rel that
the indicted Aldermen were preparing TO leave the
country was ridiculous They been laced under
sufficient bonds to make il induceDeDt for them
stand trial." he said Until they called for tIia
tney are at liberty TO go where they please"