The times., 1901-05-28
MRS. BONNIE STILL In JAIL
Her Release on Bail Refused at
Habeas Corpus Hearing.
Argument of the Prisoners Counsel
Opposed by District Attorney
Gould. After Which Justice Barn
ard Denies the Application.

Lola Ida Henri Bonine who was com
mitted to the District Jail by the Coroner
as the result of her statement concerning
the killing of James Seymour Ayers, jr-,
on May 10 last, was yesterday refused ball
by Justice Barnard, presiding in Criminal
Court No. l. In denying the application
for bail Justice Barnard said that the
matter was entirely discretionary with
the court.
The law. he stated, says that the au-
thority of the court in such matters
should be exercised with discretion, with
regard to the nature and circumstances
of the offence The defendant in some in
stances. he said, might be i'll, which would
be a circumstance appealing to the dis
erection of the court. The prisoner the
court stated. was merely held by the Cor
oner to await the action of the grand
jury.
Justice Barnard stated that he did not
intend to make any comment on the case
but under the circumstances he did not
feel that the defendant should be admit
ted to bail. Even though the testimony IN
favor of the prisoner might be stronger
than that shown by the Government, the
court did not think bail should be granted.
Counsel for Mrs. Bonine filed a petition
for a writ OF habeas corpus about noon
for the purpose of having her released
from custody on bond. An effort was made
to keep the matter quiet, but despite TINS
when the hearing was commenced at p.
m, the court room was crowded. Mrs
Bonine reached the City Hall about p.
m. in a carriage in the custody of Deputy
Marshal James Springmann. She was ac-
10
party arrived at the City Hall Mrs
Bonine was taken into Marshal Palmer s
private office and there remained until
the hearing on her application for bail
begun ct D. m. Mrs. Bonine was ac-
companied into the courtroom by her hus-
band and they sat near each other, just
behind her counsel She was dressed in
a grey skirt, brown jacket. and straw hat
of yellowish color which was trimmed
with black velvet and poppies. She also
wore a red plaid waist and brown kid
gloves.
At least four-fifths of those present were
members of the District bar. There were
several prominent business men present
Besides District Attorney Gould and
Assistant District Attorney Hugh T. Tag
CART. who represented the Government at
the hearing. all the other assistants in
the District Attorneys Office were present.
Henry E. Davis had a seat on the rostrum
with Justice Barnard.
Throughout the hearing, which lasted
nearly an hour, Mrs. Bonine sat with her
head resting in her right hand and with
her gaze fixed upon the floor. She looked
very much as if on the verge of collapse.
The hearing was opened by Greed NJ.
Fulton, of counsel for the defence, who
read the petition for habeaE corpus filed
in the early part of the day. lie also read
part of the testimony given by Detective
Horne at the Coroner'S inquest, calling
particular attention to that part which
to be a rehearsal of the state
ment made to him by Mrs. Bonine rela-
tive to the circumstances Immediately
with the killing of Ayers. On
that statement, he said, the coroner's
jury based its verdict and the Coroner
his commitment of the prisoner Mr..
Fulton then read the verdict of the coro-
ner's jury and contended that 1t does not
charge Mrs Bonine with having killed
Ayers, nor that he met his death by rea-
son Of a shot fired by her. On these
grounds he asked that the prisoner be re-
leased on bail.
District Attorney Gould made a strong
in protest against the grant
ing of the application for bail. The re-
turn of the warden of the jail, he said.
showed that the prisoner was in his GUS
tody by virtue of a commitment from the
Coroner. 1t was nothing new. MIR. Gould
said, that the verdict of a coroner's jury
is not in the legal verbiage of the law.
The jurors and the Coroner himself, he
said, are unlearned in the law, and that
for it, Mr.. Gould stated that he
would not review the testimony adduced
before the Coroner's inquest, but would
refer to some of the most essential facts
in connection with the killing Of Ayers.
The prisoner, he said, has admitted that
she was tho only person present when
Ayers met a violent death, and that she
was where she had no right to be. She
from the room, too, where Ayers
was killed, Mr.. Gould said. not as an in
nocent person, but as a guilty one would
have escaped.
MIR. Gould also referred to the location
of the wounds found on Ayers body,
which. he said, it would have been i'm
possible to have been inflicted in the man
ner Mrs. Bonine declares This is not the
time, Mr.. Gould said. to consider the weight
Of Mrs. Bonines self-serving statement
4 A1A 1iI ocAiNsp lilt plDNl l4ltt tl ltit EIdlG
and petit juries, which can reject that
part which is obviously false and con-
slider that which is true. For obvious rea-
sons. at this time, he said, he did not
wish to discuss the testimony in detail
but he would protest that a prisoner be
admitted to bail on the strength of
statement
In reply counsel for the prisoner con
tended that under the statute the court
was authorized to admit the prisoner 70
bail IT was also argued that Mrs Bo-
mines statement of how Ayers met his
death WIS corroborated by certain cir
in the case. The question il
was contended IS not what a petit iury
will do, but is there evidence sufficient to
convict the prisoner Of murder There
is no evidence, it was claimed, which goes
to disproYe the statement made by Mrs
Bonine. In speaking of the verdict re-
turned by the coroner's jury, it was
stated that none such had ever before
been reported IN the District
Mrs. Bonine's statement, It was CON
tended, is corroborated by the powder
burns on Ayers body, which showed that
at the time Of the shooting they were in
close proximity. also by the cries for help
y hich were heard
The discovery Of the time and place Of
sale of the pistol with which Ayers was
shot. and which was found lying on
trunk beside his dead body, as published
in The Times yesterday evening has in
jected new life, apparently, in the work
Of the Police Department, and now every
effort is being made to locate the owner
Of the pistol. In conversation with
Times reporter yesterday Captain Board
man remarked:
when this case is cleared up It will be