The sun. [volume] (New York [N.Y.]) 1833-1916, 1901-10-16
INSERTS HARD FIGHT.
Friends Ready TO Oncr Hall. Which Mr.
Cans Heiie,es Would he Forfeited.

Ju-tics William J Gavuor sitting In ths
Supreme Court NJ White Plains reserved
decision Yesterday In an argument on "a
writ Of haheas corpus TO aid Wardman
C-.ore. Bi.ssr'. who stands convicted and
sentenced for accepting n bribs from the
keeper ~ a disorderly house. While tho
argument WAS technically on haheas corpus,
vet IN the eyes II Assistant District Attor-
n.v Howard y Cans, who appeared Tor the
people, and almost all the lawyers In the
court room. II was merely a plea To obtain
bail for the convicted policeman. pending the
decision Of his appeals TO the United States
Supreme Court aud the Court Of Appeals
az this State. BiS-ort was in court In the
charge Of Warden Hagen % the Toinos'
He looked nervous and haggard In the
hall outside. las friend, Capt. Diamond,
who is awaiting trial in Albany county,
walked up and down. nervously chewing
the end Il an ~unhghtcd cigar.
Riss.rt and Diamond refused 20 talk for
publication. Roger sherman. b repre-
s..u',-i them. said that a bond-msn Wa
present who stood ready TO furnish ball
Ia any amount thu Court might name.
Justice Gaynor In the course OF the hear
ing eNprcssed strong disapproyal OF the
F,-ieral statute which practically nGlli1es
al proceedings In tho state ciurts Tending
au Rppaal 20 tho United States courts Ito
sad ihni the statute. which had 30 long gone
uurorrpcted. had worked more confusion
Throughout the country than any other
law Assistant District Attorney Cans
al he opening Of the hearing opposed the
granting Of tail 90 Bisaert. maintaining that
such an action 10y Justice Gaynor would b"
in contempt of the action Of Justice Hooker
Of Frrdonia. who bad dismissed a certificate
~ reasonable doubt In the matter Mr..
Cans aid also hat such action by Justice
Gavnor would he In contempt OF the United
States Court. which had ordered the prisoner
held pending All appeal Ia the court o' ias'
resort.
-Snpposa.- said Mr.. Cans, that this
nrisonar should forfeit the bail obtained
through this court. Would not the warden
Of the Tomb- then he plsced In a very em1
authoritics''
MIR sherman Maid tina, II WAS not fair Ga
keen the prisoner In custody Tor IN" Two
wears before the United States S'uprrm"
Court would be ready to take .up IN" cas-
lilo said N the constitution Of th" .IscltI
iurv law Of his State, under which hs-1tt
was convicted. was the main point 7" u"
argued AZ Washington.
we shall not take IN" consequences
poiut into consideration now 'vs'n
tnvnor said. He then eNpnr~s~d uouD'
abnu, tho proprietv of bringiug IN" aplh,
cation for hail into n stat" Nnuft Nti SHu
thai /, would have t--nu wiser To nay" 'ah'n
the NulIiDnflOr tlffNf 70 NV 49,"
vltcF lAyc superseded IN" NiR'" "'u''S
in charge - the whole matter
NJ sherman -iii he thought " haruhN
fair 10 Keen Ri--ert q prisoner Tor Two war
aw,irins hual Judgment, particularly az
II, 80, wear. would not IT, d'~inct'@i
,r ,,.. IA, present sentence If I'VE years
Wa -l-' ti.tSl -
- Ia,, fl~t come from Washington.
an, Nj Cans. 'aui I have lSitu"i tiat
- ms, A. this might n" fully cut'-id"f'-l
49,, ,tIgu.r' r.ui.rss within thf'~ N'~'k-
., IN H. view - tho fact that 'hl- l.
,t.. u-..' important CouNic'ipp NAV ""
t.,, .I,,fu.i tu Nrar-. and Al~o that de-
.,- H,,. fl,Ir -r~f upon public morality.
ItI..t 'll' rn lo0fHucv should IT, shown
-N..l ar. making this a political Issue
NJ sherman said d.
u. .rur-,I has kept within his ugh's,
~ I....s, ttvrnr'- ruling
I.. rwr.rfaurr q this requcs' ~
r..,.. Irir argued the Assistant District
A,..f.., s-HuSi-'s IA tho fact that ""
t.r,rI fnf- ,a-n against tho entire pre-
,.., u'I 90. rniic" l~h'partm"ri ! vent
.l. r. .1r that auv hail willingly would
f- Irf...h,i for Ri~~"rt and readily Tor
f..r..!' . e. 700. man out # N" way
o.. Forfeited tail. NJ would gladly
-. ,I of llr. commented Justice OaNuUr
rrllf, said that n b. Wa sur" hat
,H. rg.r Uu- tallahlD De- would readily
.f.l-r 90, prisoner ou bonds H. N"V
.H. H.rfi-' viii tho Federal ruling th~
lI..u.. u~.-.fVof decision asking fur h1"'-
prisoner vac r~uantri