The morning call., 1891-09-15
" WE ARE MUTE!"
TpchnicaIilies Raised in Behalf
of NJ. Il. Curtis.
Preliminary Examination of officer Grants
Alleged Slayer COntinued-New
Evidence.

Actors and policemen crowded Police
Court yesterday morning when the case of
Maurice b. Strelinger, alias Curtis, charged
with the murder of Officer Alexander Grant.
was called. The accused stepped out of the
prisoners dock to shake hands with several
friends and mis- legal advisers.
Judge Rix ordered the defendant ar
raigned, and Attorney KOwasky promptly
interpused an objection. This case" said
he, was called in Department last Fri
day and continued until to-day. At that
time we objected to the case being trans
ferred to any other court, but were willing
to await the return of the Judge. We are
now here under protest"
There has been but one complaint filed
in this case," said Prosecuting Attorney
Nicholson, land il was filed in this court
aud is here on file. Besides, the case has
been regularly transferred to this court by
Judge Worley. The Police Court is all one
court and this is only one department"
NO CONSENT APPEARS.
$50 is the Superior Court all one court"
answered Kowalsky, 'but cases are never
transferred from one department to an
other without the consent of the Judges OF
both departments and under the direction
of the presiding Judge"
The Court then took hand in the con-
trOversy. Il have no doubt upon this queS-
tion," said Judge RiX. "a complaint has been
filed in this court charging the defendant
with a crime, and it is the duty of this
court to examine into the offense charged,
no matter if an examination has been held
in another court. The law is mandatory,
and l must proceed. Mr. Clerk, arraign the
defendant"
1--WE object to all these proceedings" re-
marked Kowalsky, and then he su6sided.
Clerk Cook ordered Curtis, or Strelinger,
TO stand up, and then proceeded to read the
complaint, which sets forth that the defend
ant "did malicjOuSly and unlawtully and
with malice aforethought kill and murder
one Alexander Grant"
what is your true name?" asked Cook
Maurice b"
KOwALSRY WILL SAY NOTHING.
1--WE object" interrupted K walsky; I'VE
have nothing TO say here. L appear for the
defendant and l object to all this. [ do not
mind stating privately, however, that his
name is Maurice B. Strelinger."
Are you ready to proceed with this
case ?" asked Judge Rlx, somewhat impa-
tieutly
I'VE are mute, your Honor" was all the
defendants attorney had to say.
Prosecutor Nicholson asked continuance
until Friday as the inquest had not Deen
held and he was hardly ready to proceed
with the examination.
do you consent to this?" was asked of
the other counsel.
I'VE neither consent nor object"
Then" said the Court 81 will have to
set the case down for Wednesday as l can
not continue 1t longer without the consent
OF the defendant"
"Of course" said Kowalsky blandy, I'VE
cannot wink an acquiescence. but must stand
on our legal rights. Your Honor under
stands that iurisdictional question can be
raised at any stage of the proceedings, even
in the court of last resort"
ON LEGAL GROUNDS.
Judge Rjx SAID that if counsel had any
personal objections to his examining the case
lie would call in one OF the other Judges.
"Oh, no." said Kowalsky, "Our objections
are not on personal, but purely on legal
grounds. We desire TO save every point"
The preliminary examination was then
postponed until Wednesday morning, and
the accused comedian descended to the
gloomy depths of the City Prison.
The investigating officers claim to have
discovered some new and important evil
denoe in connection with the killing, but
will not disclose its nature until the case is
heard in court.
The prisoner is still visited by his wife
and others from the theatrical world. To
them he appears cheerful and confident OF
establishing his innocence, but to reporters
he is, as kowslsky expressed 1t, mute"
The COroner'S inquest will be resumed at
$3.50 o'clock this afternoon.
Policeman Grants Estate.
The Public Administrator has applied for
letters of administration on the estate Of
Alexander Grant, the policeman who was
shot and killed by NJ. b. Curtis. The es-
tate is valued at S25OO The only heir is the
father. William Grant OF Nova Scotia.