The evening times., 1896-11-07
LIBERTY NOT GRANTED HIM
Isid0re Goldsmith, Taken Be-
fore Judge Hagner.
EARLY RELEASE REFUSED
Pending the Arrival of Formal Pa
pers from Pennsylvania the Man
VIII Be Confined In st. Elizabeth's
Asylum to Prevent Escape-The
Argument of the Lawyers.

An order for the final discharge of lsidort
Goldsmith, the alleged IunGtic, from tn:
custody of Major Moore was refused toda
by Judge Ha gner upon hearing of the writ
OF habeas corpus, granted yesterday by
Chief Justice Bingham.
Assistant District Attorney Armes repre-
sented the government and Mr. j. A. John
ston pleaded the cause of Mr.. Goldsmith.
The habeas corpus writ was directed to
Major Moore and he was present in court
with Inspector Hollnberger and Detectiv,
Carter.
Mr.. Goldsmith a slightly built. quiet
hammered man, sat in the new courtroom
occupied by Judge Hagner. He was accouI-
panied by his wife and several ladies' from
No. 235 First street northwest. where ne
was guest a the time of his arrest.
The bearing was very formal, but was not
obtained until late in the forenoon, be-
cause of the absence OF the judges in con-
formity with their inten not TO hear any
cases on Saturday.
Judge Hagner determined, however TO
listen TO the case. Mr.. johnson read the
petition of Mr. Goldsmith for his release
from custody. The paper admitted that he
had been confined for alleged insanity,
which, il was argued, did not exist.
Mr.. johnson contended that Mr.. Gold
smith had not been adjudged insane 10y
proper proceedings in Pennsylvania, and
should not be kept in custody. In the alb
sence of requiSition papers, it was agreed
that there was no authority for his delivery
to the officials of the Norristown institu-
ton.
In this slast point Judge IIagner concurred,
saying that without necessary legal papers
from tn e governor of Pennsylvania he would
not allow Mr.. Goldsmith TO be taken back to
the asylum at this time.
Mr.. Armes, representing Ma jor Moore
and the government, and incidentally the
Norristown asylum authorities, submitted
TO the court an answer tothe petition for a
writ OF habeas corpus, in which he read
an order of the court of oyer and peace in
Philadelphia, confirming Mr.. Goldsmith at
the State institution at Norristown for al
legged insanity. The court also decreed that
George L. Goldsmith pay to the board ef
charities for the support of the alleged
lunatic the sum of So per week.
1t was claimed that within the past
month Mr.. Goldsmith instituted habeas
corpus proceedings in Pennsylvania but
after hearing the proceedings were dis
missed.
A letter to Maj Moore from the Norris
town officials was offered in evidence, as
showing authority for the arrest of Gold
smith. 1t asked for his delivery to mes
senger, who would come from the institu-
ton.
Mr.. Johnson in his petition. made the
staten ent, as published In yesterdays
Times. about the escape OF Goldsmith and
his release, was then asked.
Judge Hagner, after consulting several
authorities, decided that Mr.. Goldsmith
must await another hearing, when evidence
vii! be heard on both sides as to the merits
of the case. Meanwhile, Mr.. Goldsmith
must remain in the custody Of the local
authorities.
The hearing was set for Tuesday, the
18th inst. Mr.. Goldsmith did not like
the idea of being confined at the Jail
during this time, and the court was asked