The herald., 1896-08-13
In Reply to Allegations of Tn.
lawful Incarceration
END OF THE TALE NOT YET
Gervurtz Arraisned in Court Soon After
His Capture
The Prisoner Allowed to Send for Counsel at
Any Time-RefusaI to Olive the Bottom
Facts Until the Case Is Complete

In response to the affidavit Of Philip
Gevurtz, published in The Herald yes
terday morning, alleging that he had
been arrested on the morning of August
3 by the police detectives on charge of
burglarzing the Chicago Clothing store
and thrown into Jail where he was kept
for eight days without being allowed to
send word to anyone, and otherwise de-
prived of his rights, the police have the
following to say:
1t is admitted that Gevurtz was ar
rested at the time and In the manner
stated and confined in Jail for eight
days before being released, but the
other allegations are denied emphati-
cally by Chief Glass and Detectives
Hawley and Auble Either two or
three days after his arrest Gevurtz was
taken into court, before Justice Nor
rison, a complaint charging him with
burglary was read and he was informed
that he could have the services of a
lawyer.
Then he was taken back to Jail and it
is said, made no demand to see an at
torney until Tuesday morning, the l1th.
when. on his making such a request At
torney Bentley came to see him. In the
afternoon Attorney Oliver took hold of
the case and Gevurtz appeared in court,
the case being dismissed. The officers
claim to have had good reason to be-
lieve that Gevurtz was implicated in the
robbery, otherwise he would not have
been arrested. A man named Thomas
James had been arrested and quantity
of the stolen goods recovered, and
Geourtz was confronted with the stuff
and asked whether or not he had had
hand in the robbery, which he denied.
When the case was called in court the
detectives were not ready to expose their
hand or tell what evidence they mad ac-
cumulated. as there is third party. as
yet in the background, who haS)lot been
captured who is supposed to have been
the prime mover in the scheme. Rather
than go ahead with the examination and
be compelled to lay bare the whole case,
thus giving the uncaptured suspect an
opportunity of knowing what he might
expect, they dropped the case and
Gevurtz was discharged. This was the
reason that any information regarding
the matter was withheld, and u still re-
fused.
1t is denied absolutely that at any
time anyone was refused admission to
see the prisoner who had any right to see
him. If the police clerk told any person
arrested that such a person was not in
Jail he did so in good faith. as the man
was not booked on the regular blotter.
but on a private record which is kept by
the detectives in their office, and there
fore the clerk could not have known tha t
such man was in Jail. In conclusion
the officers say they are confident that
in short time their actions will be win
dicated and shown to be justified when
| the third man is secured and the case
| rought up again in court.
Before Justice Morrison yesterday the
examination of Thomas James took
place on the charge of having received
and attempted to dispose of the stolen
goods, knowing the same to have been
stolen. The evidence presented Was
conclusive. and James did not deny that
he had attempted to sell the STUFF,
knowing at the time that it was stolen
property. The plunder recovered con-
sisted of clothing, underwear neckwear,
furnishings, etc. and filled two satchels.
At the conclusion of evidence for the
prosecution, the defense offering no tes-
timony, James was promptly held to an
swer for trial under bonds in the sum of
S1500