New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-06-18


both prisoners and keepers. The first wit
ness who had chance of looking at
the suspects" was Hatfield, the furniture man
After scanning the men carefully several times, he
said that he did not see among those present any
one for whom he had been looking. Martinsen,
the expressman, next had show; but he
too, had to confess, after brief sur
yey, that he saw In the line nobody
whom he knew having had any
connection with the Cronin murder. Next came
Ihrockmorton; but he was as unsuccessful as
those who had preceded him.
The attempt at identification having, therefore,
failed Won Gerichten, the detective took tne pris
oners to the Dstrict-Attorney's office, where AS
sistant District Attorney Macedonia was seen. Inc
prisoners were then taken before Justice Andrews
of the Supreme Court, who handed down de-
csion TO the effect that Moroney and Mcdonald
were improperly held, and must be set at hoerty'
The Judge says that the whole subject OF Tue
arrest Of persons charged with having committed
crimes in this State and Of fugitives from justice
from other States is regulated by the Penal Code
lie proceeds as follows:
Tho Penal Code provides with regard 70 arrests OF
persons charged win hav4ng cOmTiued public Offences
IN this state, that when Information IS lad Deioro
a magistrate OF the commission OF crime, ne must
examine oath the Informant and prosecutor ana
ANY witness he may produce. and take thor depoal-
tions IN writing AID CAUSE them TO DC subscribed W
the parties maHing them; that tho deposluons muss
set forth the facts stated By the prosecutor and MS
Witnesses tending TO establish the commission or the
crime and tie guilt Of the defendants II me msgfo-
trate be satisfied that crime complained OF has
been committed, and that ther' is reseonaDlo sToua
to bollcye that the defendant has conmittco H. w
must issue a warrant OF arrest.
The question Is was there any competent legal
evidence presented TO tho police magistrate that Pat
rick Cronin had been murdered, and which furnished
ground 10 believe, or from which u appca
probable that MorOncy or Mcdonald committed mat
INV
ever. which satisfied the. police magistrate
these POINT H., aee,Sn Snd even not took PVdRst di
fcrcnt view from what he did OF the weight OF such
evidence. The difficulty Is that although r,1,S is
was recently murdered In Chicago it appears that no
competent legal evidence whatever wss produced
Momney or Mcdonald committed the crime,
Evon u the telegram from Chicago LrGusstIns thar tnso
s0t OF hearSay evidence, that telegram is nothing
but a request that Moroney and Mcdonald should De
cronin has been ' mustered or that either Moroney
Nc Donald had anything 10 do with the murder. Won
hs! ESsn % R% S"t Sa'G ha, Moroney and Nc
Donald stand chsrsi IN CHICAGO with M MS MnI1 mGler:
and Nc Donald sie gnity Of tho crime. He does not
profess to have any knowledge himself that murder
MSDonan sDTiT:% iT nor DOE, he % state any faat or
c!rnmStanc" tending 70 show that Moroney or NO. No.
eSsn R%Tns sy them %f that 10 BE- ' % % o ay M ea %
His, Information and belief arc stated 10
hc derived nom frFgralns aWl uSpttCnre,
IN, n" only teicEram produced BY nm. m
one above referred and ths. contains absolutely
nothing but 4 rrqurst that MOronrv and Mcdonald
sha Dc arrested. II Is too clear for argument that
thcrn waS Competent legal evidence whatever
produced before thr magistrate upon which, undrr
The prnvsions Of onr Prna Code, a warrant could
be lawfully issued for the arrest Of Moroncy or Nc
donald or upon which they could he lawfully con.
miurd tO The city prison. As. therefore, no legal
cauSc for the imprisonment OF either Moroney or Nc,
Donald Is shown h"for" me. under s"Gon 2O34 Of
Of ~" Code Of Clvl Procedure. have no d'ecreton
IN 'hn msrtcr, and must order both prisoners 10 be
discharged.
The Judge signed orders for the discharge Of the
prisoners upon which they wero Immediately re-
leased from the Tomhs
After the prisoners were set at liberty they
left the courtroom. and surrounded by
large crowd of sympathizers, who shook them
warmly by the hands. each one at he same tune
sayiny that that was hv no means the end or the
legal proceedings as far rs the Newiork end ot
the case was concerned. and that tn, PROMINENT
Irishmpn here who hnd urged the detention OF
Moroncy ond Mcdonald would themselves have
10 nm. wrr IN n court Of law for the action
Mcdonald went 10 his home, In East Forty
frst-st where hr received n warm greeting from
his friends Edward j. Rowe. OF No 80 New
Bowcrv who acted all along as the especial cham
rion Of Noroncv accompanied the hitter IN his
rxit from durance vile. In order 10 avoid the
crowd they jumped upon horsn,car and went 70
Moronry's home nj No. 925 lcnth-are