The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1898-01-14
.DODGINC prison BARS
"Freeholder" Bindernagle
Awaiting in New York
the Result Of a
Federal Appeal.
MOTION TO FORFEIT HIS BAIL
Sheriff Heller Reports His Efforts
10 Apprehend the Gambler
Judge Hudspeth Satisfied.

Ord Darling and Garrett Finck, Free
holder Philip Bindernagle's bondsmen,
were in the General Sessions Court this
morning, having been notified by Sheriff
Heller that a motion would be made to
forfeit their bonds unless Bindernagle was
produced The bondsmen were accom-
panied by Senator DAILY, who had been
engaged to look out for the their interests.
Since the arrival of the remittitur from
the Court of Errors and Appeals certify
ing that that court had dismissed Bin
dernagle's writ of error, the Sheriff has
been unable to find the defendant. Bin
dernagle has not been seen at any of his
usual places of resort, and that fact gave
rise to suspicion that he had jumped his
bail. 1t was learned during the proceed
ings this morning that Bindernagle has
been sojourning in Brooklyn, making ar
rangements with former District Attor-
ney Ridgwayy of Kings County to nave
his case taken to the United States Su-
preme Court on a writ of error. When
the bondsmen received notice from SherlH
Heller that Bindernagle must be pro-
duced or proceedings would be taken to
forfeit the bonds, they engaged Senator
Daily to secure delay, if possible, until
the result of Mr.. Ridgway's appeal to the
United States Court had been determined.
Shortly after Judge Hudspeth took his
seat on the bench today Assistant Prose-
cutot Klink said that in the Bindernagle
case he had notified the Sheriff that he
would make application to have the bonds
forfeited The Sheriff had informed him,
he said that he was assisted that Bin
dernagle was not in the county. Mr..
Klink understood that senator Day Mas
interested in the case, and he would with
hold his motion until he heard what the
Senator had to say.
Senator Daily said that he had seen Bin
dernagle in the Office of his counsel, for
mer Senator Ridgway, of Brooklyn, and
had submitted the record in Bindernagle's
case to Mr.. Ridgway. Mr. Ridgway and
another distinguished lawyer mad exam
ined the record and concluded that the
United States courts might be warranted
in interfering. Last night Senator DAILY
received this dispatch from Mr.. Ridg-
way
States Supreme Court. Will wire to-
morrow. RIDGWAY."
Senator Daily said he had not heard from
Mr.. Ridgeway yet but expected to near
from him at any moment. and he merely
desired brief delay in the proceedings.
Bindernagle, he said, was not evadlng the
come here now and surrender himself,
there was no way in which he could es
cape being sent to State Prison It was
keep out of the prison or penitentiary as
long as he could do so legally.
Senator" asked Judge Hudspeth, do
which this man can be bailed if the Court
should grant writ of error?
''I do not" replied the Senator.
"Bindernagle, said Judge Hudspeth, lis
Court of Errors and Appeals don't
know that this Court can do anything, in
the matter of the bond. don't know that
this Court can forfeit it. Under the
practice as understand it,. the State can
proceed on writ of scire facias.
Senator DAILY repeated that Bindernaagle M
law. but he wanted to keep out of prison
1T seems to me-" said Judge H!uaspeth,
'sthat there should be no temporizing in
this case. The Sheriff should apprehend
this man if he can be found. The Court
would suggest to the Sheriff that the IN
timation of proceedings in the Federal
Court should not cause a moments de-
lay. Bindernagle should be apprehended
at once
he issued instructions to all his officers to
take Bndernagle into custody wherever
he may be found lock him up in the
nearest police station and send word at
once to him.
A short time afterward Sheriff Heller
gathered all his officers together and took
them upstairs to the eourt rooms n tb Judge @
phans' Court to hear what the Sheriff had
to say.
81 have had capias for Bindernagle's
arrest in my possession since January o.
said Sheriff Heller addressing the Court,
"and have made every effort to locate him
but find that he has left the county, and
that he has gone to New York i have
notified all my officers to find him and
lock him up in the nearest station house
until my arrival. So far none of them
has seen him. Senator DAILY made a
statement that Bindernagle had been at
his office and home. Bindernagle, 1 have
learned, has been stopping at the West
Shore Hotel, Forty-second street and
Eleventh avenue New York. have rea-
son to believe that he is there at present.
I notified the Prosecutor to that effect a
few minutes ago.
Under Sheriff Heavey said he had moth
ing. further to report than what the
Sheriff had said. Acting under the Sher-
ifs Instructions he said 81 instructed
the officers to pick up Bindernagle on
sight"
The Sheriff said he had sent officers to
Senator Dalys office and house to arrest
Bindernagle if he should appear.
Judge Hudspeth said he was satisfied
that the Sheriff had exercised due dill
eence and made every effort to apprehend
Bindernagle. and it was evident that he
is out of the Jurisdiction The Court ex-
pressed its approval of the efforts the
Sheriff has made to apprehend the fugi-
tive.