New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-08-08
A WRIT FOR MARTIN BURKE.
EFFORTS OF HIS ATTORNEY TO REACH HIM.
HIS FRIENDS DESTROYS TO REMOVE HIM FROM
THE POLICE swEAT.Dox" TO THE COMMON
IAII-THE PETITION FOR HABEAs
CORPUS FAILS.

CORPUS FAIL!

IBY TELEGRAPH TO THE TRIBUNEf
Chicago Aug Mr. Kennedy. Marlin Burke Wis
consin lawyer, walled into the states Attorneys Office
this morning pulled out official document and
handed # TO the assistant in charge. II was addressed
IN George w. Hubbard. John G. May and Joel NJ.
iongenecker, and was a. follows:
.. Please take notice that August Z, 1880. at 10
q m Judge Frank Baker issued a writ of habcas
corDus I'm the above entitled cause and that said writ
viii be made reuinabe at p. H. this seventh day Of
August 1850, unless you Immediately permit Martin
Burke indicted for the murder of p. H. Cronn, to see
his counsel william Kennedy, In private
LAWYER Kennedy had set about IN the most quiet
manner 10 procure the writ. Judge Bakers presence
in the building was not known until after it had been
asccrtained that the writ was issued when he en-
tered his courtroom he found Mr.. Kennedy and
LAWYER Carter with stcnographer awaiting him.
The Judge invited his early callers into his private
chambers and with closed doors filed the application
The writ was granted the lawyers hurledly disap-
neared and the Judge departed by his private door
escaptng from the building without submitting to an
interview. A copy Of the summons was served on
Chief Hubbard this afternoon. The petition sets forth
that william Kennedy complains and shows that he
is the employed attorney of Burke and that he
Burke I'm Jail In Winnipeg about July 10 and received
instructions to act as his attorney. On information
Kennedy saws that Burke arrived in Chicago on the
night of August s. 1882 I'm charge of the chief Of pO-
lire George W. Hubbard, and that when said police
officer reached Chicago with his prisoner, he pro
ceeled TO place his said prisoner I'm what petitioner has
heard defined, since his arrival Ill said county, as
'sweat-bOx.'
The petition then says that the petitioner has been
refused permission and with Burke and
that the chief of police has refused TO his
prisoner the county jail. lie further says that he
IS Informed and believes that some of the ofl-
GERS comprising the squad that had charge
OF the prisoner stated that they proposed to
a -.
1t is his belief that the imprisonment OF said Burke
in what is known as the 'sweat-boX is ih pursuance
of the plan Indicated by the language Aforesaid He
asks that the prisoner be confined in the common jail
and that he be permitted to his lawyer in pur-
suance of the statute
The news that Burke to be brought before
Judge Baker this afternoon had the effect Of half
filling the courtroom with spectators anxious to get
glimpse of the celebrated suspect At five minutes
after Burke han not shown up, and the states
Attorney said that he would not.
"Why not!'
BY way of an answer the official closed one eye.
But he must be brought hcrc.7
After moments hesitation, the States Attorney
said he thought not but why he professed an inability
to explain At 3:15 p. m. Chief Hubbard accom-
panied by Corporation Counsel Hutchinson, entered,
and the latter proceeded at once with
an argument The substance of Mr.. llutchnsOn's
Argument was that Chief Hubbard could not comply
with the witt a by vriurc of the writ O cNtfadion
Burkc wa NOT in his custody but IN that of Officer
Collins TO This Mr.. Kennedy, in behalf OF Burke,
demurlcd He said that a. Chef Hubbard had given
orders to keep Burke IN close custody ana hhh
directed the actions Of tho police he was the con
stmctive custodian OF me prisoner juice ba DAN,
gave ntimatlon Of what his decision would Do whcn
he said " That viii hardly no. Mr.: KENNEDY. ! mgn
as well direct writ against the Mayor bccause he Is
the legal heal OF the police force ana gives oiu'e
TO the chef and yet IT cannot be claimed tha1 the
Sir. Hutchinson. I'm reply to questions OF opposing
counsel why Collins should not take Qriers rom
his chief. replied that while IL Is true Collins i
detective officer in the employ OF tho city OF Chcag
he this case thc special messenger OF me Pf's'
and as such was not anlcnabc 10 the orders OF The
Chicago chief of police. After some further argument.
directed to officer Collins, rcurnabe tomorrow.
The Chief of Police Assistant Postmaster stunning
Burke" said the chief We have a letter here
scnt 10 you by your mother in Ireland. Colonel
stunning Of the North side Postoilce has hal the
letter for some time. Now, as it IS poStmarhed 50
many DAYS back, Il probably contains noihing o. any
will open it and read It 10 you but this Is optional
Let me read IT, said Burhe, h.. 10. NM, ,.o
Seaman and stunning retired few feet and the
Chief handed Burke his mothers letter The prisoner
ttrm5linely opened the letter and pcrnscd it, As he
read on his frame shook violently, and he cred IKE
a cbnd When Rurke had finished he threw himself
mpon the floor Of the cell and the visitors left him to
lis thoughts. Mrs Conklin and Others were IN me
station and Il had been intended TO LEI them see The
prisoner for purposes OF identification pui' seeE ~!
grief stricken condition after reading his mothers
letter II was decided IN postpone the conference.
Evidence discovered to-day tending 10 snow INA.
the money with which Burke made his hight against
extradltion in winnipeg ZANE from ms cN, Un
saturday evening last. the following leiesrdm was
sent from The Grand Pacific Hotel. this city:
a. Houeh barster wnnlpSg Man.. o',toS him
against Collins who will pretend friendship
Tho sender decllncd 70 give his name or a vs.
The j. Horgh. Barrster," to whom ms tegraii was
addressed i the business partner Of Attorney lamp
hell who defended Burke IN Winnipes and II Is now
made clear why It that Camphell was no, a,sif i
,uhIicv lv II0Igh but that Pcnlnc was brought mo
The ease as an assistant. lIoueh was TO slann IN me
haclpround and 10 act as the secret cnahhei VI
| corrcc nondcnce Moreover light Il now thrown on
fiI, sGmre Of Mr. Kennedy cmolumenls; Ior lIc
Instructions contained In the kilograms mus nav nct
cat ont OF his basket his way 10 Chlaep ana to
TO eat anything the officers might give NM t , lh'
ho eot was handed 10 Bulc on his way 10 inc 'I'lh
exnctv p, ordered in the telegram ana rccoiiil'u'
/ J.