New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-07-29
CHIEF LAYTON ARRESTED.
TO ANSWER FOR HIS CONDUCT IN THE CASE
OF THE ANARCHIST MOLLICK.
THE MONMOUTH COUNTY PUBLIC PROsECUToB
MAY INDlCT BOTH LAYTON AND - ERIN
TENDENT o'MARA, OF PITrsBURG-
MoLLrcS's LAWYERS ASTIR.
1sY TELEGRAPH TO THE TKIBUSEl

1BY TELEGRAPH 10 THE IkiBCSEl
Long Branch July 2s.-At a late hour last
night Chief of Police Layton was arrested on
charges of assault and battery and false mprson-
ment, made by Edmund Wilson, of Red Bank
acting in behalf of Frank Mollick, the alleged
Anarchist, who was kidnapped from here yester-
day afternoon by OMara, Superintendent Of Po-
lice OF Pittsburg. The warrant was issued by JUS
tice of the Peace Van Doren, who placed the Chief
under bonds to await examination next Tuesday
The Chief was in full uniform when he was taken
into custody Alessrs Wilson and Fay, the law
yers were engaged this afternoon in preparing
papcrs for the prosecution Of Chief Layton The
general belief is that there is question whatever
of the illegaIity OF the action of the Chef in max
ing the arrest, as related in The Tribune. HIS
only authority was the telegram from Superin-
tendent O'Alara. After the latter reached Long
Branch he tried in vain TO induce Police Justice
Slocum and Justice Of the Peace Van Doren 70
Ia ke his sworn complaint against Mollick. Both
Justices frankly told him that he had no case
whatever. as Mollick had perfect right to send
Berkman S6 if he wanted TO, and as that was all
O'Mara charged against Mollick, and that was
not q crime against the laws OF New-Jersey Wheh
Chief Layton refused to allow Mollick the right
to see his counsel il is alleged that he acted upon
the advice of Superintendent OMara.
Messfs WllSOH anu ray sdy tHdb cN'H IL 'i''-
lick did sign paper in which he agreed to go TO
PENNSYLVANIA without waiting until eAtraditloa
parers had been obtained, that he subsequently,
nulliied his action refused 10 go, and insisted
upon his right to consult with lawyers. They
maintain that Chief Layton committed an ASSAULT
and battery upon Mollicli when he arrested him
and that he was a party to the kidnapping OF the
alleged Anarchist by Superintendent O'Mara. They
also contend that the action Of Superintendent
OMara and Chief Layton was most fagrant
violation Of the constitution of the State OF New
Jersey There is abundant proof, they say, that
Mollfck was bulldozed into signing the paper he
did that II is vain for any man to sign docu-
ment that deprives him Of the right TO a hearing
when criminal charge is made against him by
an official of another State, who does not show
that the prisoner has violated any Of the laws
of the State in which he is living
Papers are being prepared for the prosecution
Of Superintendent O'Mara on charges OF KID
mapping false imprisonment and assault ana
battery. Application will be made next week 10
Governor Albeit for eXtradition papers on wnicn
to bring OMara here and prosecute him in the
Monmouth County courts. MIR. Fay was IN COR
sultation this afternoon with Charles H. Wins.
of Red Bank, the Prosecutor of the Pleas OF the
county Mr. WINS ordered him to secure all tho
evidence possible relating to the case, and sub
init it to him, 50 that lie take the matter
before fAe coming Grand Jury and secure the
indictment of Superintendent OMara and Cmei
layton Fay and Wilson have already secured
:, formidable LIST of persons who heard the denial
t. Mock of the right of counsel, and saw OMars
and another officer drag Mollick aboard train
ia spite of his protests and struggles.
charge of kidnapping will undoubtedly 10
brought against Chief Layton, as he forced Mol
lick into the wagon belonging 10 the police de-
partment here drove 10 the depot, turned MS
prisoner over 10 Superintendent % Mara, ana, al
though he knew the latter had no authority IN
New-Jersey, allowed him to take the screaming
man aboard the cars. -
Prosecutor Wins was found by The Tribune
correspondent this afternoon at Eatontown, where
he was AT work securing evidence IN murder
case The Prosecutor said that in all his expert
ence in criminal practice he had never KNOWN
of such bold violation Of the Constitution OF the
state: that il officers from another State were al
lowed TO come into New-Jersey and without war
rant or due process of law To have arrested and I'M
prisoned men upon such trivial charges as were
made by Superintendent OMara, and then kid
state the liberties and ofttimes the lives Of all
citizens might bc imperillcd He said he in
tended as soon the necessary proof was pro-
duced to apply u Governor Abbett for eNtradi,
ZION papers for Superintendent O'Mara, and would
prosecute him 10 the full extent of the criminal
laws -,
II is probable that other charges will be pre-
fcrrrd against both O'Mara and Layton. Chief
LAYTON dee, not realize tie strength of the charges
made against him, and considers the matter as
huge joke.