The herald., 1895-04-07
nIInIlnlI nj MI IlfnnHrn Mnr
UUKhHM PLAI NURktU NUI
He Had to Go Back With the
Stockton Sheriff
A HABEAS CORPUS DENIED
The Lawyer Talked Very Much Against
Time
But Cunningham Did Not Hiss His Train.
A Young Woman Fired Out Of the
Hurry -UpiWagon

Thomas Durham, alias 7. J. Derham,
young man of the genus dime museum
"spieler,' was brought before Judge
Smithby Chief of Police Glass and De-
tective Bradish yesterday on writ of
habeas corpus which alleged that he was
unlawfully detained as prisoner in the
city Jail. Sheriff Cunningham of San
Joaquin county, who has held on to that
position for twenty -four years, was pres
ent in order to convey Durham back to
Stockton III the event of the writ being
dismissed. Deputy District Attorney Nc
Comas presented the warrant OF arrest
from the Stockton magistrate, properly
endorsed by one of the police justices of
this city, to show that Durham was
legally held. Senator Munday counsel
for the petitioner, Immediately raised
technical points, which consumed time,
and this was evidently the object in
view. The officers. the court and every
body in the room, knowing that the train
for the north departed at 2 O clock, kept
turning around to look at the big time
piece to see whether the attorneys would
be able to talk against time and make the
sheriff miss his train.
There were several witnesses present
who had been called by Durham ior the
purpose of supporting an alibi. The
chargeis that a short time ago, while at
Stockton, he had sent a telegram purport-
ing to be signed by young man named
j. Voehse to the latters father in New
Jersey, in response to which Voehse
senior sent $50 which Durham coolly
pocketed and then skipped out from
Stockton. A warrant for grand larceny
was issued and the local police arrested
Durham here few days ago and salted
him away. as is their custom. IN quiet
little cooler to await the arrival of the
San joaquin sheriff. He found means,
however, to Communicate with Mr.. Mum
day by some outgoing prisoner.
Durham wanted to show that he could
not possibly have forged the Stockton tel
egram or have received the money. be-
cause he was not in that vicinity on the
dates alleged. Judge Smith refused to
hear evidence of that character, holding
that if it was shown that the warrant
was issued for the man now in court, no
matter whether it was within the limits
of human power or not that he had com
mitted the crime, the writ OF habeas
corpus could not lie. To determine his
guilt or innocence he would have to stand
trial before the proper magistrate.
If the prisoner could show that he was
not the Durham mentioned in the war
rant. that would be very different mat
ter. but as Durham had admitted know
ing Voehse Junior. the deductions were
that the complaining witness had had
reference to him when he swore to the
complaint.
1t was AS when the court denied the
writ and remanded the man. 1t was
caution to see how the police and Sheriff
Cunningham rushed the prisoner down
stairs and bundled him into the patrol
wagon, so as to catch the train at the
Comm ercial street depot. little woman
who had been very interested listener
to the proceedings ran breathlessly after
| the wagon and jumped into it to com
mune with the prisoner. This proceed
ing highly displeased Chief Glass who
roared at the officers: PUT her out of
the wagon, put her out, I" and put out
she was in very short order.
DO you know if she is his wife?'
asked Herald reporter of the chief who
was mad.
~ don't know" !" he replied i
The little woman, whatever she was,
skunk away, looking very much disgusted
with Chief Glass.