Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-08-08
BURKE Is sEQUEsTRATED.
Senator Kennedy Makes a Futile Effort
to See Him.

In Chicago yesterday Senator Kennedy, Mar
tin Burke's attorney. made . determined at
tempt to get at his client with the assistance OF
writ Of habeas corpus. This was issued BY
Judge Baker and made returnable at o'clock.
After Deputy Sheriff Gleason had served
Chief Hubbard with . copy of the summons
the papers in the case were made public. The
petition sets forth that VIM. Kennedy COM
plains and showed that he is the employed at
torney Of prisoner Burke and that he saw
Burke in Jail in Winnipeg about July 10 and
received instructions to act as his attorney. On
information Kennedy says Burke arrived in
Chicago on August, s. 1889, in charge of Chief
of Police Geo. W. Hubbard, and that when
said police officer reached Chicago with his
prisoner he proceeded to place his said prisoner
in what petitioner has learned since his arrival
in said court is q sweat box; that petitioner in
this connection says that said place for keeping
prisoners is one that the law has never sane
toned, and that the said Martin Burke 10 de-
tanned without legal process"
The petition then says that the petitioner has
been refused permission to see and converse
with Burke, and that the chief of police has re-
fused to remove his prisoner to the county Jail.
The petitioner prays for the issuance of the
writ OF habeas corpus. pursuant to the statute,
directed to George W. Hubbard, commanding
him to bring said Martin Burke forthwith be-
fore the court and to show the cause Of his de-
tention In the said place Of imprisonment It
Is further prayed that the prisoner be confined
in the common Jail, and that he be permitted
to see his lawyer in pursuance of the statute"
There was q large crowd in the court room
when the return was made. The prisoner was
not present. Corporation Counsel Hutchinson,
for Chief Hubbard. set up the defense that the
prisoner was not in his custody, but in that Of
Officer John Collins, who was appointed special
agent of the United States president Harri-
SOM to bring Burke back. Judge Baker sus-
tanned this, and another writ will have to be
issued today against Officer Collins, which will
probably be successful in producing Burke.
But another days delay has been gained. just
torney's Office that official had gone away with
Chief Hubbard. The latter had called for him
with buggy, and when the vehicle was last
seen it was heading for the Harrison-street po-
lice station. where Burke was
Previous to that and before Mr.. Longenecker
reached his Office, on the North Side, he had
seen Burke. but had not found him in a mood
to give up anything.
There is nothing in the world" said the
state attorney this morning. ''that will save
want to hang him. The case against him is so
strong that he can't escape, and in his downfall
he will carry all the others with him."
lis Burke nervous?'
mo. He maintains excellent control of him
self. He appears to be thoroughly on his
- -~' w W sAoRPSN AAsO ohy ou-
mission"
Why is Kennedy not allowed to see him?"
Because we have no evidence that Kennedy
ID his lawyer. He says hs is, but has given us
no proof of it, and Burke Enows nothing about
him. He never hired the man."
The state attorney returned to his Office
about O'Clock after q two hours interview
with Burke. He said the prisoner had told
nothing and that it was impossible to get any
admissions from him.
Chief of Police Hubbard, Assistant Postmas-
ter Stunning and Mortimer Scanlon together
entered the corridor in the armory upon which
Burke's cell opens and stood before the grated
door.
Burke" said the chief, 1--WE have a letter here
sent to you by your mother in Ireland. Col
Stimmings Of the North Side post Office has had
the letter for some time. Now, as it is post
marked so many days back it probably contains
nothing of any interest to anybody except your
self. If you wish will open the letter and read
1t to you, but this is optional"
LET me read it," said Burke. Scanoln and
STUNNING retired few feet, and the chief
handed Burke his mothers letter. The pris-
oner tremblingly opened the letter and perused
it. As he read on his frame shook violently,
and he cried like a child. When Burke had
finished he threw himself upon the floor Of the
cell, and the visitors left him to his thoughts
Mrs. Conkling and others were in the station
and it had been intended to let them see the
prisoner for the purpose Of identification, but,
seeing his grief-stricken condition after read
ing his mothers letter, it was decided to post
pone the conference.