New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-07-02

d,cisio, OF the Court of Errors and Appeals, con-
| frming the decision of the lower courts. was
handed down, there were twenty-nine OF the con-
| victed men out on bail under sentences Of from
| nine 10 eighteen months .ast Tuesday twenty
| one of them surrendered on the advice OF their
| friends expecting 10 be sent to the county jail
| for a few days. during which time their counsel
| would make an appeal and get them out on
habeas corpus writs When they were taken into
court. Judge Lippincott stopped all such proceed
| inrs by directing the Sheriff to take the men t.
| the places 10 which they had been sentehced
| without delay. Two hours afterward seven OF
| them were In the Penitentiary at Snake Hill, and
| by D. M. fourteen more were in the State
| prison at Trenton. Then the Democratic politl-
| clans and the counsel for the suffers got To-
| eether and formed plan by N.,.Cl they h7Pti
| 70 keen the rest Of the men out of prison and
also 10 secure the release of those already In
iail. The carrying out of this plan is what has
| caused the delay in bringing the remaining men
into court.
| Shortly after Judge Iippincott arrived at the
| Court House yesterday morning, Lay Judge kin-
ncy, Prosecutor Winfield and the jailor, Robert
Davis. went into his private room and remained
| there until half-past 10 o'clocl. When Judge
I.ippincott took his seat on the BENCH he ordered
an officer TO 60 for Sheriff McPhillips The
Sheriff reported 20 the Court in n few minutes
| and after some hurried and implicit instructions
| from the Judge left the room. When he re-
| turned he was followed by four of the convicted
ballot-box stulers-Jamcs Hart, Jacob Moschcll,
| Patrick Kennedy, and John J. Miller
| After ordering the to stand up Judge
| Iippincott said: These defendants are in the
custody Of the Sheriff and he has his instructions.
The Sheriff is to take them to State prison at
| once. On the way TO State prison he Is not
TO recognize any paper that may be served on
| him. The Sheriff will not take any notice OF
any paper that may be served on him on the train
| The Court believes the prisoners can be con-
veyed TO the depot in horse cars, as there are
not SO many Of them as 10 require coaches The
Sheriff will proceed at once, and if he has not
officers enough, tie Court will allow him all its
| constabcs.'
| When the Judge had ended, County Supcrin-
tendent Cannon, who is bondsman for Joseph
| g. Muran. hurried up to the bench and said
be wished to be relieved Of his bond. The judge
| ordered an officer 10 90 for Murain, and IN
few minutes he and J. r. Durancy were brought
| into court Ordering these men to stand up,
| the Judge gave the Sheriff the same orders in
| regard to their removal prison that lie had
| given for the other men.
| By this time it was learned that all Of these
men had been in the county Jail Tor the last
two days under the protection Of jailor, justice
and boss Robert Davis. Ahdavits were sworn
out 10 the effect that Hart, Moschcll and Fallon
were in the county Jail on Thursday. This afi-
davit was given 10 Charles j. PeshAll, lawyer,
in order to sut.tantiate the plea he made for
- writ Of habcas corpus at Trenton on Thursday.
Judge Iippincott had no idea TINT the suffers
were in jail until late on Thursday night, and
when he called at the Jail he told that
they were not there, had their names been
entered on the books All this explains why
sheriff McPhllips did not bring the men into
court on Wednesday or Thursday. 1t known
Yesterday morning that judge Green had denied
Mr. Pc-hail's application for writ of labcaN
corpus nevertheless the suffers and their friends
thought they still had one chance.
Immediately after receiving his orders for con-
ductng the 10 prison, Sheriff McPhlllirS left
the room He supposed 10 be making pr"p-
rations for their departure. Ten minutes after
ward cx-Judgc DAILY and Charles J. Pcshall. ac-
companicd 10y the iailor, Davis, and several city
officials filed iEtO the courtroom. They all wore
pcased look, and some one was sent post haste
for the Sheriff When Mr. McPhllips arrived. he
was cornercd by Mr.. PcslIall, and, after few
minutes talk, took some papers from Mr. Pcsnall
and handed them to Judge Lippncott. The Judge
read the papers AID then calmly said: The Shcr.A
IN could rot disohcy, and the men were immcd-
ately hustled ont OF court. and IN twenty inmates
were on the train bound for Trenton.
The paper received by the Sheriff and handed
20 Judge lippincott WAS follows:
"WitucsS. the President of the United States
Of America to john j. Mcl'hliIs. Sheriff Of llud-
son County, greeting You are hereby cited and
a,monishcd TO be and appear at IA Supreme Court
Of the United States, to he holden at Washington.
D. C.. on the first day Of August, 1892, pursuant
10 an anpra filed in the clerks Office of IN" CIR
cult Court for the district of New-Icrscy, wherein
james Hart is appellant and you are respondent,
fo SNOW caus, if any there he, why the Judgment
rendered against said appellant as in such appeal
mentioned should not be corrected, and why
speedy justice should not be done 10 the parties
ia that behalf Witness, the Honorable Edward
: Green. this first day of July, A. D., is9?.'
Prosecutor Winfield said that the paper
amounted TO nothing, and could not posi- oly ne
expected to have any effect on Judge IApplncou
ucicn. John Stumps, the last remaining one OF
the convicted suffers, is s,lll ont on DalI'
special appeal made in his cas-.
Trenton, July lSpccal.-Ihc second hatch OF
state prison AT halfpast ? o'clock this afternoon,
Yesterday word reached Jersey City that unusual
fayors were being shown the fourteen StullerS
constituting the first batch brought here. The
information was TO the effect that the mems heads
had not been cropped at all, and that, instead OF
wearing prison uniforms, they were enjoying the
privilege Of roaming about the prison in their
own clothes In consequence o! those rIlmIrs
the men lodged in the prison by Shcri,. McfI-..pa
to-day received an extra shock One o., IN
wanted 10 know the moment ne got lnslde .he
said turnkey ard IN twenty minutes the whole
lot had been cropped and scraped. The prison
BARRIERS are all convicts, and 90 their work quc.NHi
the suffers had their plunge in, the cold hat-
and were then required 10 don the parti-coIOrcu
suits of the State.