The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1896-10-10
HOW DAILY ESCAPED.
The Clerks Were Busy and His
Lawyer Fumed-Stable
Door Locked Now.

Judge Hudspeth made an Investigation
this morning of the discharge of Frank
Daily, one of the policy men, from the
County Jail last Tuesday. although he
was awaiting sentence on another in
dictment to which he had pleaded guilty.
Everybody concerned in the case was
present except DAILY. He has gone out OF
town and is not likely to be back for some
time. He has probably Joined the colony
of policy exiles in New York. Judge
Hudspeth and Prosecutor Winfield con-
Quoted the investigation.
John r.. Purtell, Clerk of the General
Sessions Court, was the first one called
to the stand. He said that Daily was
tried on Tuesday last on Indictment NO.
35 and was acquitted. As was custom
sent over to the County Jail. Shortly
afterward John Mersheimer, the clerk IN
the jail, came over to the County CLERKS
office and said he thought that there. was
another charge against Daily. Mr.. Purteil
said that if that was the case the dis
charge had better be retained until the
following morning and he also suggested
that the Prosecutor be seen about the
matter. Purtell and Mersheimer went TO
the Prosecutors Office. but it was closed.
AT that time it was understood that Daily
would be detained until the following
morning. Lawyer John then
appeared on the scene and upset that
advancement. He had defended Daily and
he demanded to be informed why his
client was not discharged Mr.. Purtell
informed him thar 1t was thought that
there was another indictment against
Daily. Mr.. DENIM fused and fumed and
demanded that the other Indictment, If
there was one, be produced, or his client
liberated. He strongly suggested prosecu-
ton for false Imprisonment and made
such an impression on Mr.. Purtell and
~ IA arrbaipoar that thew discharged
Daily. He lost no time in getting out Of
the Jurisdiction of the court. Lawyer
DENIM and Daily went down town on the
first car that came along. The fact that
another Indictment was pending against
DAILY was discovered a~fterward- Mr..
Purtell had forgotten about it and he was
too busy to go through a big batch or
indictments to find it. Besides, Lawyer
Dennin's positive statement that there
was no other mad an effect on him.
Mr.. DENIM explained his connection with
the case. He had assisted in the de-
tense Of DAILY and when the jury ac-
was entitled to a discharge and demanded
it. He did not know that there was an
other charge against DAILY.
Clerk Mersheimer made a statement cor
roborat:ng the statement MADE by MT.
Purtell. He had some recollection that
I3aly had pleaded guilty on July q to an
indictment for having policy slips in his
possession but he was not sure about II.
He had only one commitment for DAILY,
the one made out by Justice ,Lippincott
when Daily and the other prisoners We're
brought to the jail after the raid. AS Mr..
DENIM produced a discharge for DAILY
on that commitment there was nothing
left for him to do but release the prisoner.
He lac spoken to Judge Hudspeth about
the case before letting DAILY go, and the
Judge told him that he knew nothing
aDidn,t Judge Hudspeth tell you to re-
tain DAILY until you saw the Prosecutor