The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-01-20
RADCLIFFE SWAPS CELLS.
ADMITTED TO BAH, BUT REAR
RESTED AT ONCE.

Isis Release fron the Tonss Ordered by Jus-
tioe hickey sttttuG In Breehiyn-Now the
Acter IL In . Poiice Cell on \ Charge Of
Perjury-The Justices Action Criticised.
Edward J. Radcliffe, the actor. who was con-
victed and sentenced to six months imprison-
ment on q charge Of wife beating. was released
from the Tombs prison yesterday on bail, but
was rearrested on tho street In front Of the
prison on q warrant charging him with perjury.
He was taken to the Criminal Court building.
but as all the courts were closed he was locked
up over night in tho Elizabeth street police sta
tion. He will DO arraiRned in the Centre Street
Court this morning.
Radcliffe was convicted in the General ses.
sions Of assaulting his wife, Alice De Lacy Rat
cliffe. His counsel, Mirabeau l. Towns, OBJ
tanned q stay from Supreme Court Justice Dick
ey, and yesterday Justice Dickey. sitting in
Brooklyn. ordered Ratcliffe's release on 81, 800
bail. The bail bond was furnished by John ].
Wheeler Of $40 Bergen street, Brook.
Ign. after District Attorney Gardiner had
objected to the granting Of the application for
bail, on the grounds that Radcliffe was not
present in court, and also that tho quslifca-
.tions of the bondsmans should be passed upon bya
Justice sitting In this county instead of in Brook.
lyn. As soon as the bail bond had been approved
Justice Dickey issued an order directing the
IL " clcu iNhtSiiho NUN IN tohhoo
1t was after 3 o'clock yesterday afternoon
when Mr.. Towns arrived Mt the Tombs armed
with tho bond and Justice Dickey's order, and
accompanied by Bondsman Wheeler. They
came in a cab. and q few minutes later a private
coach stopped at the prison entrance. 1t had
been sent by one of Ratcliffe's friends, who be.
lieved that tho actor was to regain bis liberty.
The officer who had the perjury war.
rant was notified that Radcliffe was to
be released from the Tombs. He hurried
to the prison. and reached there just as Rat
cliffe was led into Warden Fallon's office. After
Ratcliffo had signed a receipt for the personal
property which was turned over TO him he
shook hands with Chief Clerk Kelly and also
with his bondsman. Then he walked toward
"You are to be roarrcstcd as soon as you go
II suppose I'll have to take all that comes
along in the line Of trouble" answered the
The doorkeeper swung open the iron gate and
Radcliffe stepped out on the sidewalk.
| officer who had the perjury warrant, taking hold
OF the actors arm;
Wen I'm a police ofhcer." said the man.
! opening his overcoat and exhibiting his, shield.
II hayc a warrant here for your arrest
"All right answered Radcliffe with q weary
The officer led Ratclife. before Sergeant Ian
prison pen. There Ratclitfe's pedigree was
taken. MIR. Towns examined the. warrant and
sitting. He was told that all Of tho courts had
adjourned. There was nothing, for him to do
s eHs to to f sSs E shs tesSi s,1est p "nd K s.ss,on' was
District Attorney. Lloyd. The complaint alleges
on his trial that he had been married only once.
A woman who is now on the way here from Eng
expected to arrive here tomorrow. Rntclitfe's
bondsman says he will furnish another bond to-
dI Bis ST tee R Rss5pns ee Gardiner was Inclined to be
angry over Justice Dickey's action in accepting
ball. and no gave out to- the reporters a type
written statement in which he questioned its
comfy as we'll as It's soundnessi from a legal
standpoint. In his statement Mr.. Gardiner
Beyond the mere question Of co nifty. con
sidering the number OF JUSTICES of the Supreme
e1dt the e'n number on OF just ee ass assigned there i"rei 81
the Governor from up.country districts for duty.
a more serious question is presented. whether
oner convicted in New York county could, by
ts11esrsp n or Sof letter, employ employ counsel CO ,Hs s in Bnt,
oGG Teaso nm et doubt st0G and ed 51r Z the sef bistriss
Buffalo in order to examine into the %sureties on
tho bail bond, In the days OF the Tweed regime
d descii from ali over the State. and in the
new Code of Civil and Criminal Procedure the
legislature, having that fact in view; IT. Is be.
it then existed. To examine into Ratclifc's
sureties the District Attorney had to go to
Kings county. where the real property, of the
sureties is situated. and examine them there.
Mr.. Justice Dickey declared from the bench
that. under the code. when the application for
q stay was made the Court was obliged to con-
siderit. because no other application for such
certificate could afterward be made or enter
tanned by any other Judge or Justice. 1t Is not.
ton 500. which says: when an application for
such certificate shall have been made to
and entertained by a Justice of the SUI
preme Court, no other application for
such certificate shall be made to or en-.
there Ia no reason why u Justice may not refuse
to entertain an application without denying 1t on
the merits. 1t is much to be apprehcnded that
OF the State may act upon applications for stays
and justifications to bail on appeal from convic-
ton, no matter where the prisoner may have
been convicted. tho proper prosecuting officers
of the counties wherein such prisoner may have
been convicted will become travelling agents in
their efforts to aid In the due administration of
iuaticeb