New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-08-16
DYNAMITE CASE ~ SUPREME COURT

LAWYERS ARGUE FOR THE RELEASE OF FRANCIS
j. CURRAN. WHO CARRIED EXPLOSIVES.
Francis j. Curran, who was arrested In the
course Of the strike against the Metropolitan Street
Railway for having in his possession a dynamite
cartridge. was produced In the Supreme Court be-
fore Justice Leventrltt yesterday morning on a
writ OF habeas corpus and certiorart Messrs'
Friend & House applied for his release, on the
ground that the evidence submitted before Justice
Jerome in the Court OF Special Sessions was IN
sufficient TO hold the prisoner. Messrs OConnor
and Sullivan. Of the District Attorneys once
argued against the release After hearing the
argument Justice Leventrtt took the papers and
reserved his decision.
The argument before the Justice was over the
question whether the original affidavits on Whlch
the warrant for Currans arrest was issued were
sufficient evidence upon which TO hold the prs
oner after he had demanded an examination and
no further direct testimony was offered, and when
the evidence consisting OF cross-eXaminaton oil
the persons who made the afhdavits. seemed 10
nullify the statements in the afiidavits
Mr. House who argued for Curran, produced the
transcript Of the entire testimony before Justice
Jerome and the afTidavits. He first argued that
the aAidavits upon which the warrant for the ar
rest had been issued not sufficient direct
evidence in themselves. He said that II person
went before a magistrate with an afhdaVIt s'atlhs
that another man had robbed him, and wheh the
prisoner after his arrest, demanded An examlIid-
ton. could not subsantiate the charges IN the
affidavit, IT fell to the ground.
In the original affidavit of Superintendent Murray
of The Bureau Of Combustbles OF the Fire De-
partment on which Curran had been arrested after
the first charge against him failed, 1t was stated
that the forcte cartridge with two fuses attached
found on Curran was extremely dangerous
thing TO carry about with the fuses attached, and
that It was the custom OF all users Of forcite never
to attach the fuses until the moment the cartridge
was needed.
Mr. Murray produced the cartridge iouhd on
Curran at the examination before Justice Jerome,
having carried It down in his pocket from FIRE
HEADQUARTERS Mr. Friend. on the cross-exanlna.
ton asked him II he didn't think that carrying II
that way in his pocket had endangered me W.
OF many people Mr.: Murray; TO excuse I. amor!,
apparently. said he did not think II DID, Don
YOU think that carrying such thing az that apou'
I'm a mans pocket Is dangerous. ne was aHhSu'
MIR House argued that this testimony nullne9
that of the affidavit. the misdemeanor cha e gu
against Curran being that he had eh9ahseIgiu o
lives of many persons by carrying lIe cApio''
The other af1davits upon which Curran was ar
rested simply stated the finding or the catI
I'm his pockets, and that he had been seen Dy me
police walking up and down III tho suee' al '
proximity to many persons. so.ios
= Mr. O'i'onnor for the District Attorney. denied
that the adavit was nulihed by the cross-eAam,l,,
nation and said that the Supreme court hau he,u
before that a complainant could rest his case on
the afidavts. allowing the makers , 10 ue c'o'
emined The affdavits were testimony, ,-,.-
during cross-examination what becomes or the
testimony" asked Justice leVentrllt. 1000.
There was a dispute between the opposing coun-
sci over the testimony and the justice sdid ti
testimony carefully and would decide the case
al