The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-11-01
SHE WENT WILLINGLY

| afternoon. Mrs. Matilda Herremann, the
Lexow witness who has been detained
| from going to New York by reason of his
| interference, was discharged from the
County Jail at twenty minutes past one
O'Clock, and five minute later was seat
| ed in a carriage between Deputy Jafler
Edward Mitchell and Counsellor William
Barricklo, making her way for the
| Chambers street ferry of the Erie Rail-
road as fast as two spirited horses could
take her. This plan for her secret ana
speedy removal was concocted in New
York yesterday and contaminated, 1t is
said, at the County Jail last night, when
Mrs. Herremann, after a long consulta-
ton, agreed to go to New York OF nef
own accord, and give such testimony as
is desired from her, no matter now many
heads fail by virtue of 1T.
When Judge Lippincott formally COM
mitted Mrs. Herremann this morning to
await the execution of extfaditien pa
pers, Senator Daily is said to have re-
marked $50 far SO good; they won't have
my client in New York before election
now, hat is a sure thing"
CHARGES WITHDRAWN.
The Senator left the Court House in a
happy frame of mind, unmindful of the
heat little manoeuvre which was at that
moment being contaminated At one
O'Clock this afternoon Assistant Ser
geant-at-Arms of the Lexow Committee,
| Thomas Kearney, appeared before JUS
| tice Potts and made an affidavit to the
| effect that he was anxious to withdraw
| the charge of perjury and the second
| charge of Mrs. Herremann being a
| e,1tt;yo- f,or, i,,ctioo ouyinc~ t0 tha fact
| that no indictment has been ound
| against her in New York. Counsellor
Barricklo, who has been retained to
look after the interests of the committee.
| corroborated Kearney's testimony, and
Justice Potts at once issued the necessary
| discharge papers. Counsellor Barricklo
placed them in his inside pocket and has
| tened to the Court House. He served
them upon Sheriff Toffey, and the rest
of the programme was carried out as
| heretofore described.
Mrs. Herremann's testimony, it is said,
will incriminate Inspectors Mclaughlin
| and Williams, both of whom, it is be-
| lieved, will be summoned to appear be-
fore the mmit as soon as practi-
| cable.
i is said that the testimony Of these
.%oficiais in the matter of bribery:
JUDGE LIPPINCOTT'S DECISION.
In the proceedings for Mrs. Herreman's
| colt decided this morning that she must
stay in Jail until the arrival of requisi-
| ton papers from Governor Flower. Judge
| Lippincott said
| the Herreman case is the validity of
Justice Potts commitment Now, on the
24th day Of October, 1894, the petitioner
fugitive or not. 1t appears by the pro
| ceedings before the Magistrate that she
| was before him charged with having
| committed a crime in the State of New
York, and therefore she was one Of the
| persons who could be arrested and de-
tanned under the fifth section of the
sThe commitment alleges tina she COM
mitted the crime of perjury in the State
of New York. AS this matter is per-
ceived here the only objection to the
suficiency of the commitment IS thht
it does not state Enthusiastically the
commission of the crime of perjury. The
allegation hat she did commit perjury
in the State of New York is here taken
as equivalent to the averment that a
| charge of perjury existed against her
in the State of New York, and there
fore If the objection to 1T has my
strength 1t is that the averment is not
PERJURY DEFINED.
Now many cases have been cited
both arising under treaties between the
United States and foreign, governments,
and under the statutes of the different
States. Those arising under The statutes
4 inapplicable for in that State, an exx
press statutory requirement appears that
an offence must be Enthusiastically set
forth. Ther is a wide difference b seen
when the fifth section of our statute is
| considered. Gu sss
THE crime of perjury has d we'll de-
fined meaning in the law, as mulch as
that of murder and whether at c6fnmon
law or by statute it is a wilfull, false
| oath by one lawfully required to depose
the truth in any proceeding in a court
ing or due course of justice, material tc
the issue or the point of question. Per-
| Jury is a crime as murder is a crime.
Whatever other evidence of perjury
was before the magistrate beside the
written complaint nnexed to the return
1t is impossible to determines; but 1t
must be assumed here now, in SO far as
( the commitment is. concerned that 1t
4 was satisfactory and the commitment in
every other requisite seems to be in
4 compliance with the statute.
nThe commitment Is subject to serious
criticism in respect of not setting forth
/ the time when the crime was commit
ted, and whether a formal charge had
been made against her in the State OF
IT do not think hi at the present
time the petitioner can be discharged
from detention. She must, If an ap--
plication for extradition be presented
to the Governor within a reasonable
time, be detained to await the determine
alton of whether or not he will grant
4 the application. She annot be detained
upon this commitment beyond thirty
days, and as the period Of detention
cannot be arbitrarily fixed it may hap
pen that circumstances Will require
Il her discharge at an earlier period. IL
1.-THE discharge of the petitioner re-
fused and she may be remanded to await,
extradition I'M accordance with the 9staf-
Ute"