The sun., 1894-10-26
TRYING TO GET MRS. HERMAN OUT.
Judge Lippincott Will Render Decision in
Her Case To-day.


Her Case To-day.
Senator DAILY made application to supreme
Court Justice Lippincott In Jersey City yester-
day for writ of habeas corpus TO secure the re-
lease Of Mrs. Msthilde Herman, who is wanted
by the Lexow committee. Mrs. Herman Is
locked up in Hudson county Jail on charge Of
perjury preferred BY Lawyer Moss. Senator
DAILY represented her, and District Attorney
Winfield looked after the interests OF the state
of New Jersey. Lawyer William II. Barrlclow.
who has been retained by Mr.. Goff TO represent
the Lexow committee, was also present.
Senator DAILY presented an affidavit made by
Mrs Herman which set forth that she was un-
lawfully detained In custody Of the Sheriff Of
Hudson county on commitment for perjury
made by Police Justice J. Herbert Potts. and
that neither the commitment nor complaint
showed any cause for her detention. The COM
plant did not say In what court or in what
Judicial proceedings the alleged perjury had
been committed.
the complaint against his client failed to show
what right Thomas Kearney, Sergeant at Arms
or wherein he was Interested in the matter. Ad-
dressing the Court, Senator DAILY said: My
fnsitIves % w' from Justice. Instead OF being COM
mitted for examination, my clientis committed
for stated period OF thirty days"
Judge Lippincott. after looking at the papers
said: "The complaint made by Mr.. kearney
declares that the woman is fugitive from JUS
fectiy proper to commit her for a stated period,
In order that q reasonable time might be al
lowed to procure the necessary extradition
Is there anything in the complaint to show
where the alleged, perjury was committed p
There is not" said Senator Daly."
be
think II was quite proper to commi, her for
thirty days. Iwill take the papers and look up
the By % do so S The
Court assumes from the papers that there is a
cause for detention. After examining the law
but the proceedings may be entirely within the
law, in which case the commitment is perfectly
HTherc is another matter would like 10 ask
about" said Mr.. DAILY: II understand that ap-
Plication is to be made foT extradhit9In papers
guired TO- disclose when they intend applying
'' As AL said" remarked Judge I.ippincott. who
appeared 10 be rather bored with the proceed
ings II will take the papers and render de-
Mr' DAILY would not desist, however. and de-
msnded an examination District Attorney
Winfield here arose and said That IN the interest
animation should be held; The mere allega,
tion OF perjury is not sufficient" Mr.. Winfield
II am OF the same opinion" Judge Iippincott
said. "Ordinarily would grant the writ at
once; but cannot decide this case without In
Judge Iippincott. Lawyer Barrlclow, and Dis
trict Attorney Winfield then held short con-
ference after which Judge Lippincott said that
this morning as 10 whether or not the writ
would be granted.
When seen yesterday afternoon Mrs. Herman
said that she would do nothing until she had
seen her husband. She seems to be half dis
posed herself to go before the Lexow committee,
but desires to see her husba before she makes
up her mind. She says she will be governed en-
tirely by what he says. As he H. laid mp In Ho.
boken with broken leg there Is no chance Of
her having an interview with him unless she ID
released.