The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-10-26
WRIT GRANTED,
Judge Lippincott Holds Mrs.
Herreman Was Properly
Committed.
ARGUMENT NEXT MONDAY
Both Sides Claim the Decision Is
In Their Favor and Say They
Are Satisfied.

JnStlce Ilpplncott yesterday afternoon
listened to an application for a writ of
habeas corpus to secure the release of
Mrs. Mathilde Herreman, a witness very
much wanted by the Lexow Committee.
Senator w. D. DAILY made the applica-
ton. Mrs. Herreman had been locked
up in the County Jail on a charge of
perjury, which Mr.. Moss, assistant to
Mr.. Golf, counsel for the committee,
had preferred.
Senator DAILY represented Mrs. Her
reman. Mr.. William r.. Barricklo repre-
sented the Lexew Committee. and
Prosecutor C, H. Winfield was there for
the State.
In asking for the release of his client.
senator w. D. DAILY read an
affidavit which set forth that
Mrs. Herreman was unlawfully de-
tanned in custody by the Sheriff of Hud-
son on a commitment for perjury by JUS
tice Potts. The Senator claimed that
neither the complaint nor the commit
nent showed any reason for her deten-
ton. The complaint did not specify on
what count or proceedings the alleged
perjury had been committed.
Continuing, Counsel said that the COM
plant failed to show by what right
Thomas Kearney, Sergeant-at-Arns of
the Lexow Committee had to be complain
ant in the proceedings.
My client was committed" said the
Senator, under an act concerning fu-
committed for examination she is com
mitted for a stated period of thirty days.
COMMITMENT LEGAL.
The complaint made by Mr.. Kearney," =
replied Justice Lippineott, declares that
the woman is a fugitive from justice
and under these circumstances 1t was
perfectly proper to commit her for a
stated period in order that a reason
ah1N HIM -niohA hn n11Nrynd RI Nrnnr1 rA
the necessary eXtradition papers"
Mr.. Winfield asked if there is any
thing in the complaint to show where
the alleged perjury was committed, but
Senator Daily replied there is not.
1T may be said" said Justice Lippin-
colt, that she is held for ~extradition,
therefore l think it was quite proper to
commit her for thirty days. I will take
by counsel. The Court assumes from
the papers that there is a cause for de-
tention. After examining the law the
Court ma grant the writ; but the pro-
ceedings may be entirely within the law,
and the commitment then j. legal"
Senator Daily asked that in the event
of an application for extradition papers
should the applicants be required to dis
close their reasons; but the Court
ignored the question, and said he would
decide this morning.
This did not suit Mr.. DAILY, who in
sisted that an examination should be
held, ana MT. W1llleIQ 6nuOFSGQ Lie
contention, adding that in the interest
of justice and the laws of New Jersey
lit should take place., because the mere
allegation of perjury is not sufficient.
Justice Lippincott would not decide
anything, but left it until today at ten
O'Clock.
JUSTICE LIPPINCoTTS DECISION.
The court was W this morning
when Justice Lippincott took his seat on
the bench and at once dived into the
Herreman case.
80 far as the matter appears upon
the petition said Justice L~ippincott:
"the only question arising is the iegal
one, whether the proceedings before the
Police Justice and the commitment are
in substantial compliance with the Act
of the Legislature of this State, entitled
An Act concerning fugitiDeess from Jus
tice,' approved April |, 1886, page 136.
This is the only question which appar-
emily can arise in this matter.
1T is only necessary to have a SUB
stantial compliance with the statute IN
order to hold the proceedings effectual
for the purposes of the Act. The statute
has been, to some extent, interpreted by
Justice Depue, and the proceedings
taken by the Police Justice, or pefore
the Police Justice. are renewable be
fore any court of competent jurisdic-
ton. His power in this respect IS not
arbitrary. But even If the proceedings
before him were detective the Court
| would probably not discharge on habens
| corpus until a reasonable opportunity had
| been given to amend the proceedings ac-
cording to the true state of the case,
| and this could be done upon an order
| for an examination in the matter. AT
| least the practice under this Act should
be settled.
But this order for an examination
would be entirely unnecessary II 1t De
| found that the proceedings before the
| Police Justice, that is, the order for
an examination or any amendment to
the proceedings would be entirely IN
necessary, if it be found that the pro
| ceedings before the Police Justice and
his commitment thereon are legally sum
Gent, and therefore the Court desires
to zeal counsel upon the question OF
| the legal sufffciency OF the commitment
as it now stands.
ALLOWS THE WRIT.
EVERY person alleging an Illegal de
tention has almost as a matter OF
course the right of a hearing and a ju,
dicial determination of the cause OF
detention upon habeas corpus. Therefore
with these suggestions the writ will be
| allowed, returnable forthwith. A re
| turn may be made to the writ and thu
| Court will hear counsel on Monday al,
| ternoon at four o'clock. Counsel fol
parties in interest. the prosecution ant
the petitioner will be fully heard"
IT am perfectly satisfied with that
said Lawyer w. A. Barricklo for The
Lexow Committee, who will be pre-
pared on Monday to furnish sufficien'
! grounds to prevent the freedom OF TN
woman, who's testimony is a prehml
n9rv TO the evidence of the Go higher
up" kind promised by Inquisiter COT
of the Lexow Committee.
CtTv MEMS NOTES