The evening world., 1894-04-05
NO REST FOR MAGEE.
Taken from Court to Court and
Finally to the Tombs.
Arraiqned and Held for Examina-
ton Next tuesday.
His Rcarrest Put a Stop to Habeas
Corpus Proceedings.

Fuller, the typewriting girl, was taken
from the Tombs this morning on
the writ of habeas corpus obtained yes
terlay by his counsel from Justice Beach,
Of the Supreme Court.
The writ was r%eturnable before Justice
O'Brlen. who is sitting in Oyer and
Terminer, and Magee slipped in quietly
about 1890 o'clock. He was in charge of
Keeper O'Connor. of the Tombs.
Magee looked nervous and worried
and as he sat in one of the chairs near
the counSels' table he seemed to be
devouring the accounts of the ]inuues.
yesterday in the morning papers. He
had n big bundle of them under his
arm.
He tried to appear cool and Indifferent.
however. and shook hands with his law
yers as they came in shortly after and
took seats near him. These were DIR.
O'Sullivan and Charles Lex Brooke.
After a short consultation with Justice
O'Brien, the case was sent over TO
Chambers, before Justice Beach, and a
long procession filed out of the court
room and across the corridors.
Here the party was increased by Law
yer Charles w. Brooke ana Assistant
District-Attorney MARITIME. who appeared
" tllt people,.
The warrant issued yesterday ty Re
corier Smyth after the writ Of habeas
corpus was obtained. had been placed In
the hands of Detectives Mcrlu5key and
Iltus, VINO followed the prisoner around
from one courtroom to the other. never
losing sight Of him.. They were there
ready to rearrest him in case he should
be- discharged by the Court on the writ.
The proceedings in court were very
brief. Lawyer Charles ". brooke tull
justice l'each that he understood that
the warrant issued by Recorder Smyth
late yesterday afternoon was a complete
answer to the writ, and that he would
consent to the ~remanding OF the prls-
oncr to the custody of Detectives Me
Cluskey n Titus under this warrant.
Justice Beach replied that he took this
view or the case, and would therefore
dismiss the writ, and ordered the OIL
GERS present to rearrest Mcgee. They at
ana marched him over to the Court of
General Sessions, followed by n strag-
Cling crowd of curiosity-seekers.
After Magee had been taken to the
lawyers hat the observation-disclosures was
fghting for time. in order hat the
ment. It was said that one was mo-
mentarily expected. as the Grand Jury
had gone into session al. II O'Clock.
the proceedings. under the Magistrates
warrant issued by Recorder Smyth yes
terday. n would result In a final com
mitment of Magee for trial.
The Grand Jury, however, was slow,
and as no indictment seemed to be
forthcoming. the prisoner was finally, at
r.40. taken upstairs before Recorder
Smyth and arraigned at the bar.
He seemed to have gained more conf
dcnce and looked about him without
finching. There was a big crowd in the
courtroom at the time.
Clerk, Penney read the affidavit made
by Assistant observation-disclosures MCINTYRE
yesterday, in which Magee was charged
with the deliberate murder of Martha
J. Fuller, and Their the Recorder asked
him the usual questions as to his age,
occupation, residence and place of birth,
as is done in the regular police court
practice.
whether the prisoner had any explana-
ton to make as to the charge against
him his counsel, Charles w. Brooke,
replied:
THE defendant declines to say any
thing further thar that he is not guilty
warrant
This the prisoner has a right to do by
what is known as a magistrates war
rant, under which class the one signed
by tn Recorder last evening comes.
tn" Recorder then announced that he
would send the case to the Tombs Po-
lice Court, but declined to fix any date
for the examination, although Lawyer
brooke demanded that this should be
done.
Mr.. Brooke then called the attention
OF the Recorder to q section Of the cod
OF criminal procedure which provides
ma where a person Is arrested on q
warrant based upon information ani be.
iet, he has a right to an immediate
hearing.
At this the Recorder changed his mind
ana ordered that .Magee be taken &c
the Tombs at once for examination. Tho
procession of lawyers. detectives and re.
Gorters reached the Tombs shortly after
T. o'clock, but Justice Taintor,. who is
sitting there had left court Il few mo.
ments before and would not be back until
2 o'clock.
The hearing. therefore. had to be post.
ponel, and meanwhile Magec was taken
Gown into the prison and locked up.
1t IL understood that an arrangement
has been mad" between counsel that II
convenient to Justice TaintOr the exam.
be set down for next Monday after
noon.
Meanwhile, according to Assistant
Dlstrict-Attorney Mcintyre, If tn
against Magee. all the proceedings ,un
der the warrant on which he is held Il
present will be superseded.
~ o'clock Magee was arraisned be
nwwy",rs, Charles Lex brooke ana ~
oSullivan, and Assistant Dlstrict-Attor
nney Hartman, held a consultation WIT
Ite MAGISTRATE. the result Of which wa
A. " ''''~'
P. NJ.
Mag" was apparently prepared 70
tlhls result, for he seemed perfectly salts
Egl with the decision. ard WAS t''.,'
sack into the prison by Detective Mc
MI Hartman said that he had not W
reserved any animation that the Gran
SGry mad found an Indictment again
aagee, but said he did not see how the
soNld fail to do so under the circun
Lawyer Charles w. Brooke p%rofesse
70 believe that no indictment will i
GSunI against his client after the deCiaio
vi me t~OrOner's jury on the evidenc
"HIch was aGGuced there.
,,NaEee himself Is confident, and sal
Snls afternoon that he believed INTEL
me situation.
raThe Jury before whom the inQues
MAS held,' he said, were all eNtremel
Mmtelligent looking men, ana their vel
Strt was rendered strictly on the ev
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