The sun. [volume] (New York [N.Y.]) 1833-1916, 1892-07-31
M'GONEGAL STILL IN JAIL.
HE rs RELEAsED ON ONE CHARGE AND
HELD ON ANOTHER.

He aud mr.. Gale Now Accused OF Map.
slaughter In The First Degree-lueGsc-
tuaI Attempt TO Get Tben Ont on Bail.
A sharp night was waged for three hours be-
fore Judge Garretson. in the Queens County
Court. Long Island City. yesterday, by Law
yers William II. Birdsall. to secure the release
OF DR.. Henry G. McGoneRal and DR.. Marian A.
Gale. who were arrested on Wednesday ac-
cused Of causing the death OF Mrs. Louisa
Webb Of 4O7 Hamilton street, Ravenswood. by
m cans OF criminal operation. The contest
ant was successful in having the complaint
dismissed. but the accused physicians were
disappointed In obtaining their liberty. Dis
trlct Attorney Fleming and Coroner Meiners
had warrants sworn out. accusing the prison
ers OF manslaughter in the first degree. and
when Judge Garretson announced his deci-
sion dsmissing the charge. the new warrants
were handed to the Sheriff. and Lawyer Bird
sail gathered up his papers and departed, leav
ing his clients still prisoners.
The habeas corpus proceedings through
which Lawyer Birdsall hoped to accomplish
his ends were instituted soon after the ar
rests lie opened tho proceedings by demand
ing the Coroner's returns on the case. lie
wanted to know on what ground his clients
had been arrested. Then District Attorney
Fleming read the CoronerS returns which
briefly outlined the case, Mr.; Birdsal pro.
nounced the returns nsntilcieSnt II every re;
acted on sworn information.
, District Attorney Fleming asserted that the
Coroner had made al the return that was
Judge Garretson said a, Cor9ner could not
act on ora! Information only. There were two
in committing a suspected person. One was
after the finding Of the inquest. and the other
Sns pH Re snP 0nd0a the in
II doubt very much II anything can be found
whereby a citizen can be deprived Of his lib
coroner to the effect that he probably is guilty
Of q crime. think the return is wholly insult
ncient; Conclusions 1 cannot accept. must
District Attorney Fleming said that he had
no more papers to submit.
in the small hours Of the night and carry citi-
Isns Away Without some authority
The District Attorney then said that ~ the
prisoners were discharged on this complaint
Judge .Garretson again said that he could
not hold the prisoners on oral ora Information
would any previous bad record Of the accused
initiate against them IN this instance. The
s T sae ho
did not intend to accept the oral statements
msds direct Re- ~. Viz more explicit return be
The District Attorney said they had no fur
ther returns to make. and the Court directed
the Coroner to make q stateme nt to that effect
in writing. Lawyer Birdsall then made a plea
to the Court IN behalf of his clients in an at
in the event Of their discharge on this COM
plant he apprehended that some future action
would be taken against them. and he sug-
gested that 1t be lodged with the Court there
and then SO that the Court could fix bail. He
said he was prepared TO meet any charge that
might be made. lie did not want his clients
released and then taken from their homes
again.
Judge Garretson said he was unable to act
upon MIR. Birdsalls suggestion. as there was
nothing before him to show that II crime had
been committed. He believed the Coroner
acted in good taith. and considered it would
case. So he concluded TO remand the prison.
Your Honor might ms we'll dispose OF this
case now" said the District Attorney. "as
papers are already prepared and in the hands
OF the officers. The accused prisoners will be
rearrested INN ediately"
Mr. Birdsall made another Intellectual effort
to have his clients released on bail. Judge
Garretson closed the proceedings by re-
marking:
can he held. | grant their discharge"
handed over to Sheriff Norton. The prisoners
were not In court. but in jail and fine warrants
enabled the Sheriff to keep them there Mr..
Birdsnll will renew the proceedingslon the new
charge on Monday. No one appeared for Frank
Webb the husband OF the dead woman. who is
under lock and key ON charge Of conspiracy
with the other two prisoners.