The herald., 1893-11-13
BAILEY GOES FREE.
THE ALLEGED DETROIT KIDNAP-
Err Is NOW AT LARGE.
Tho Former Los Angeles sport Dis
charged from San Franctsco-He
Eludes the Detectives with
Second Warrant.

In6 SAu Il THuCieCO l. OeV Va AAooy hN
the following about the case OF Thomas
w. Kennedy, formerly of this city, who
has figured largely in the newspapers.
Thomas W. Kennedy, alias Bailey,
who is wanted in Detroit for kidnap-
ing Millionaire Joseph Perrien, will not
return just yet.
This morning by the order of Judge
Hebbard he was discharged from Gus
tody and he Immediately made his
escape to prevent an arrest on another
charge until proper extrsdition papers
could be secured from the East.
Bailey WAS arrested at the Palace
Hotel about six weeks ago. Immedi-
ately his attorney, Carroll Cook, com.
menced a fight to secure his release on
writs of habeas corpus. The writ was
issued by Judge J. f. Murphy, but the
hearing was continued until the extra
dition papers could arrive from the
East. When they were finally brought
to San Francisco by two Detroit detect
ives it was found that they were 30 de-
fective that the authorities could not
hope to hold Bailey upon them. They
charged Joseph Perrien with kidnapping
himself.
Another.continuance was secured, and
when the new papers arrived after
wait of couple OF weeks, they too were
found Objectionable, bat Judge Murphy
decided that they were not fatally de-
fective, and remanded Bailey.
Then Cook went TO the supreme court
COR writ OF habeas corpus, and it was
made returneble before Judge Hebbard
of the superior court. BY this time the
Detroit authorities realized that Bailey's
attorney was making fight to prevent
the return OF the prisoner, so they i'm
ported Joseph &. Hawley, who has the
reputation of being the best criminal
lawyer in Michigan, to fight the case
through, but be was not given much of
o chance to fight.
When the case came up for hearing
before Judge Hebbard yesterday Cook
maintained that the governors warrant,
on which Bailey was held by Chief
Crowley, was defective, in that it recited
that it WAS issued upon "a complaint
filed in the Justices court OF Detroit, "
while the United States statute provides
that the warrant can be iseued only
upon the presentation OF an affidavit
made before a magistrate, charging the
fugitive with crime.
Hawley made a general reply, but
could cite no authorities to support his
contention that the warrant was srffi =.
cient. He asked that the case be con-
tinued until he could look up authori-
ties, Judge Hebbard expressed a de-
sire to accord that courtesy to astranger,
but when HaWley intimated that the
case might be taken under adviaement
by the court long enough to enable the
officers to get new papers he was re.
buked by the judge, who informed him
that California courts did not lend
themselves to any such purposes. He
then continued the case until $3.50 this
morning, intimating very strongly that
Bailey would be discharged.
When court was called this morning
/ Hawley said he had nc more authorities
to offer. Judge Hebbard then said tha,
he had decided the same point in pre-
vious case, and he thought it would b.
showing no discourtesy to Judge Muir
ply under the circumstances to follow
that decision, inasmuch as it WAS in &C
cord with the authorities. He ther
ordered Bailey discharged.
It wac believed that Bailey would bt
arrested on trumped up charge al
soon as be LETT the court room, 80 tha
he could be neld until new papers coulc
be secured, go ae soon as the judg,
rendered his decision q crowd of Bailey
friends got around the detectives ant
pocketed them. Bailey, with Cook, hi
attorney, ran out the door as quickly a
they could, down the new city hal
stairs to the first floor, down anothe
stair into the basement and out littl
door in the McAllister street wing
uhara hack stood Thev inmpad i
and, without waiting to close the dool
drove off at gallop and were soon los
to sight.
When the detectives reached the col
ridor Bailey had disappeared, and tn
outwitted detectives walked slowly I
police headquarters.
Bailey will now, in all probabilit,
make his escape.