The Providence news. (Providence [R.I.]) 1891-1906, 1900-04-12
0veruIsd Motion Of Defendants laMor
When Telegram Was Produced.
WRIT OF HABEAS CORPUS SOUGHT.
When Paper Was Ssrsd on The Magistrate ns
Pronounced Il ContsmplIbIs Trick on the
Part Of The AtiOrnsy.

New York. April 12.-George w. Hull,
the reputed millionaire mine owner OF
Arizona, who was arrested Tuesday
by Deeectiye Sergeants Armstrong
and Beidy, charged with being a fugi-
tive from justice from Rhode Island.
was again arraigned before Justice
Braun In the Jefferson Market Police
court yesterday morning.
Detective Armstrong asked that the
prisoner be remanded until Friday
morning. He said that Captain Parker,
the head OF the detective bureau of
Providence, was on his way to this city
with the proper requishion papers. Isl
dor Herschfield, counsel for Hull, op-
posed the request and demanded the
release of the prisoner, saying that no
proof OF the commission of any crime
had been produced.
That is not necessary" Magistrate
Braun replied. "All that IL is required
TO show is that the man is charged
with the commission OF a crime in "a
foreign state
Mr.. Hirschheld raised the questkn
OF identification. and the Magistrate
said:
THAT is a different matter. Do you
charged with crime in Rhode Is.and?"
I'VE hold that it has not been shown
that he is the man so charged" coun-
sci replied, "and demand the right to
examine the officer who makes the COM
piaint."
THE COMPLAINT.
"The complaint said Magistrate
Braun, shows that the officer made
the arrest on request OF the chief az the
a copy of the complaint made by Mrs.
Hull charging the prisoner with per-
jury, and the warrant for his arrest at
tested by the clerk of the district court.
Fred Rueckert, is attached to the COM
plant"
Magistrate Braun then pointed to the
telegram from Capt Parker to Capt.
Hold George W. Hull. l hold war
rant for perjury. Will telephone par
ticulars."
That is enough for me-" the court
added, as he remanded the prisoner un-
Ill Friday morning.
Hull was taken back TO Jail, but he
had no sooner arrived there than Mr..
Hirschfield served on Capt. Larry Nc
Dermott keeper of the Jail, a writ OF
habeas corpus. signed by Judge Nc
Adam, requiring the production of Hull
before Judge Fitzgerald in Part III. OF
the supreme court AT ll.3U O'CLOCK.
Then Mr. Hirschfield went back into
the court room and served on the mag
jstrate an order for the production OF
the papers in the case. II was then
l0:50 o'clock, and the magistrate was
provoked at the method adopted by
founse
A CONTEMPTIBLE TRICK.
'"rhls is a contemplate trick" he ex-
claimed. You had this writ in your
possession all the morning, yet sought
TO get your man out in another way,
and when you could not buldoZe the
court you serve this writ only 40 min
utes before the time IL is made return
able"
Turning to Chief Clerk Demarest. the
magistrate continued: Send the papers
in this case down to the office of the
a strict attorney at once. Let him look
into the matter" The order was car
ried out.
At 1855 Hull. accompanied by his
counsel. left the Jefferson Market court
in a carriage, bound for the Supreme
court.
Hirschfeld g. Schnitzer, counsel for
the defendant. argued in the supreme
court before Judge Fitzgerald that the
only things answering for warrant
for the arrest of the defendant were a
telegram from the chief of detectives
of Providence and an affidavit OF the
plaintiff. alleging, but not proving, that
the defendant had not lived in Rhode
Island for year. Counsel then asked
the court to decide on the question OF
bail, IL he should decide to detain Mr..
Hull.
AGAIN REMANDED. 4
The assistant district attorney op-
posed Hulrs release on the writ. He
said that Magistrate Braun had
authority to hold Hull for two days for
examination. He urged that the ques-
tion as to the suffc ency OF the evidence
could not properly be raised on the re-
turn of a writ of habeas corpus until
after the magistrate had actually held
him for requisition.
Justice Fitzgerald remanded Hull
until the proper time had come for DIS
posing Of the points raised by lawyer
Frschneld.
The justice also took the question OF
bail under advisement.
At the CITY Hall this morning Chief
Baker said that he knew nothing about
the case. He believed that a private
warrant had been secured. hut until
the attorney generals department. act
ed and had reduisition papers ready
and then asked him 70 send an officer
for Hull he. Chief Baker. could and
would d. nothing. Capt. Parker made
practically the same statement.
AZ noon today nothing had been done
by-any representative OF the state law
department or m the police deps-e-
ment OF this city. looking 10 the trans
fer ~ Mr. Hull Co Rhode Island.
Attorney General Tanner said that
he first learned " the Hull case yes
formed that a private warrant had