New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-01-15
"NO THANKS, ONLY JUSTICE
THE RECORDERS REMARK oN DIsCHARG-
ING \ PRISONER ILLEGALLY DETAINED.

HE HAD BEEN DERIVED or MS LIBERTY NEAR
I.Y TWO MONTHS WITHOUT ANY AUTHORITY OF
LAw-oT'LrAuIE NEGLIGENCE soMEwHEEE
william = McCanrey was discharged by Recorder
cor in Part l. Of the court u Gcaeral sessions yes
to-day. The Recorder took occasion - cr,ciso la
the scvcresi terms the carelessness that hal al
lowed a citizen remain In prison over two months
while there no legal complaint against him. In
November 1ssi Mccnfrey arrested. charged
with assault IA the first degree. when arrdsnoI IN
General Sessions be WAS without counsel. lie SAID
he had no money 10 pay council William
Sanford Iawion volunteered TO defend him Nc
Canrey was accused Of shooting through doorway
Nobody injured. The prisoner was acquitted
Assistant Dlsirict-Attornoy O'Harc demanded that
the man be held because there was another accuse
ton Of assault IN the third degree Mr.. lawton oh
jcctel in the most strenuous manner. There Is no
warrant In law FOR such proceeding he said
Thee Is no complaint. there IL NJ Indictment.
there Is no commitment. and protest against his
being further held"
Judge Fitzgerald who was on the bench at the
time. said that only just 70 accede 10 the re-
quest OF the Dlstrct-Auorn"y. Mr.. Iawton went
repeatedly 10 Mr. OIIare ana never received any
satisfaction. Then he advised McCaffrey 10 write
to Recorder Con. explaining the circumstances Nc
CaTrey dd 80. and yesterday morning he was
brought into Part l. The Recorder said:
Mccanrey. ! have caused inquiry to be made In
Ned myself that what you say In your letter Is true
All your statements are borne out by the District
Attorney on the 18th OF November you were tried
this court for assault In the first degree. and you
were acquitted By the jiry You were remanded To
prison then Tho Assistant Dsirict-Attorney who
tried believed that he had good cause to remand
YOU that you could be indicted for another Of
fence. That demand. McCafrcy. was without war
ran, OF law. was without Justification You have
been retained In prison since the 2sth OF November
without color OF right. There has been no COM
paint against you. and warrant for your com
mitment was issued IL IL not for any officer any
quilted unjusily acquitted. The motion Of the
Jury final. 80 long the responsibility rests
upon them TO make and determine question OF fact
their verdict must b" final
That a man IN the city o. New-York should be
kept In prison for two months nearly without war
Of law color OF right Is most extraordinary.
That there must have been cupable negligence some
place, resting upon some department official.
there be- no question. How the Commissioners
Of Charities and Correction could keep you In prison
without n commitment fail 10 understand. II only
demonstrates how necessary 1t Is for the letter IA
well AK the form Of law be scrupulously OBJ
served. That Is the only protection of the citizen.
You discharged. MctanTey.
The tears running down the prisoners
checks. In a choking voice he said:
II thank Your Honor"
mo thanks. Kindness" replied the Recorder;
"only justce-Dare justice"