New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-11-27

. coxrrss,ox ny Holm oUINN-HIs ARREST AND
THE uApEAs CORPUS PRocEEDTHGs-THE
COURSE OF DIsrRIcT-ATToRNEY
RIpGwAY. OF BROOKLYN.
sunnlemental proceedings In the case OF John
Quinn who seeks 30 be released from cus'ody
unon writ Of habeas corpus were taken before
Judge Gaynor In Brooklyn yesterday. Inc war
rant for the arrest Of Quinn was issued on Oc'
tober % by James j. Ryan. who claimed TO De
Police Justice OF New-York city; Ihis warrant
was served by Edward \. Murray H'arSndl "a
this city The In which quinn was a'ieS'''
4. q simple one but behind it is an attempt 10
nrove the law which legislated the Oh Ponce JUS
,,ces out Of office unconstiut onaL Marsha. Mur-
raw WAS served with the writ OF haheas corpus
and in making return asserted that the a'ieSt u"'
der Ryan's warrant was perfectly 'ahu' do H'a"
was Police Justice. AS Ryan was one OF 10
Police Justices legisated out OF once the io'"'
can readily be seen
WIZ Tho ease came I'D on November Il, District
Attorney Ridgway, of Kings County, authorized
Ex-Governor Hoadly. who had acted as cou"se' io'
the old Board of Police Justices, to oppose the os-
charge of the prisoner upon the ground that INC
warrant Of ex-Justlce Ryan was valid, and TO argue
that the act ousting Ryan was unconsutu'iohaN
At that hearing Judge Gaynor Withheld MS &C.
cision. l.,
Lewis L. Delafeld Of No. III Broadway VINO IS
counsel for the new Board OF Police MagisTates'
at once suspected a ''put-up JOB, ana set 10 "o'A
to unearth IT, He acted upon the advice OF Corr
poration Counsel Scott. He succeeded ~ getting
hold of QUINN and the result OF his cross-exainna'
ton of Quinn led to the filing Of confession WIKI
the court yesterday. Mr.. Delaheld. having oroush'
the to the attention OF the III, &c, S
new succeeded in having Quinn called LOT cross
examination. and the confession ELECTED reads n
part as foilows' 40 -,
John Quinn. being duly sworn says; ! am 'Af
used formerly to work around JEFFERSON MarAet. anu
there met person named Frank On me morning SiTan
November g. the said Frank came TO me IN the cly
ana d nS tell NE me ne at GSs time Why he
wanted to go 70 Brooklyn he took me 20 sns
d hs Rosent sspU sd to anu me- s We are going
rest you on the complaint OF your wire, nut II Wa
s es at th aisn' would I" not be Imprisoned He tod
when was arrested to go to tae once 81 w as
this being a test case and he said that the lawyers
would take care of me-. He explained that | would
the street After had walked FOR short distance.
the marshal Edward A. Murray came up % n:
@ s@a "a asked ed Murray to take me Mr. su
vans Office No. IS cGurts . and ne took .a me ne
Sullivan: This is Mr. Quinn and Sullivan SAID;
Si not at ask ssn 1 sayaa 10 Do S anything
he did not explain that was imprisoned, but Mr.
which afterward signed and which believe 70 be
the writ of habeas corpus. II was evident max Mr;
s ssen SnousSs ss2s % n %hn
a subpoena to go the District Attorneys ONCE.
After had been examined in the District Attorneys
office Mr.. Lindsay, the Assistant District Attorney.
directed officer to take me down TO Mr.. Deid-
fields office No. Ill Broadway. where was 10
sign my testimony, after 1t had been taken cown
by stenographer. About two weeks ago | met eN-
Police Justice Ryan In the street and asked him
when his proceedings were coming UP. RE said that
he did not know. but that there would be a STEADY
Job In IL for me. have not at any time be.evsI
that Marshal Murray had any right 10 imprson me.
and fully understood that his pntendins to arrest
me was simply to make a test c4e.'
This confession IS dated November % Mr.. pela-
field said last night: "A the papers now N
court and | do not care 70 talk about the case
One thing however. Is simply scandalous. ard mat
Is the fact that Disrict-Atiorney RIdsway author,
the law depriying the old police justices OF Office
was not valid.
The courts have already decided at Special Term
that the act that oused the DID police justices was
constitutional, and Judge Gaynor any other
judge sitting at Special Term. IL Is thought would
be reasonably sure follow tho existing decision.
This would OF course lead to the discharge o. the
prisoner; for II the act constitutional Ryan
was out OF office and the warrant Of arrest issued by
him was nullity. But the only person who can
appeal from order dischargng prisoner is IN.
Dlstrct-Attorney, and. the Dlstrict-Aiorney q
this county would not OF course take an appeal
under such circumstances this fictitious proceeding
Is believed to have been taken in Brooklyn because
OF some assurance thar an appeal would be taken
from any order dlschirgng the prisoner.