The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-12-27
SUCH A TINE OYER JACOBS,
WHO APPEARED IN COURT DIS
GUISED As 4 PRISONER,
With Writs 10 Get Him Out Before lie Got
In. Made Returnabie ~ Bedtime-Mag.
istrAte Brann Shoes Them All Away
To 60 Before Justice Scott To-day.

istrAte Brann Shoes Them AL Away
To 60 Before Justice Scott To-day.
The examination Of Joseph Jacobs, the
sleuth on whose testimony the police raided
Richard ACanfeld's house a. East Forty
fourth street. was to have come of in the
Yorkvile police court yesterday after
noon, but il didn't. as writ OF certiorari
and a writ of habeas corpus were served
on Magistrate Brann.
The sleuth was arrested on Wednesday
on complaint Of Samuel G.. Hitchins, who
alleged tina, Jacobs had committed perjury
when he swore before Justice Wyatt in
Special Sessions that he had entered the
house al - West Thirty-thrd street on
Nov 20 and played roulette there. Jacobs
was out on 81 500 bail furnished by Robert
F. Cutting.
He went to the Yorkvile court at the
noon recess yesterday and told the ser
geant of the court squad that he wanted
TO surrender himself and he locked up
The sergeant put him in custody and he
sat in court with a policeman alongside
until the case was called at 3 o'clock. Abe
Gruber and Daniel O'Reilly appeared for
Hitchins.
Magistrate Brann was about to go ahead
with the hearing when a young man from
the law office Of Parsons, Closson 4 Nell
vainc served on him a writ of certiorari
issued by Justice Scott Of the Supreme Court.
The Magistrate read it and remarked.
This is to review the proceedings in this
court. There have been ne proceedings
as yet, except that one Jacobs has been
arrested. This is made returnabe at II
O'Clock tomorrow afternoon Well. III
bc in bed at IL o'clock tomorrow afternoon
How about this, young man? Is this
writ returnable at IL O'Clock at night. as
il says"
No, it means in the forenoon: that is a
mistake, was the answer
The young nan then handed up 10 the
Magistrate writ of habeas corpus issued
by the same Supreme Court Justice in the
case Of Jacobs. The Magistrate read it
and said;
This is made returnahle tomorrow at
10 O'Clock in the afternoon. Isn't that
pretty late Tor court proceedngs?"
Justice Scott must have forgot to change
u to the forenoon, said the young man who
had served il
"In order that writ OF habeas corplls
shall lie il Is necessary that the BODY be in
duress. Jacobs, for whom this wri I was
issued, is not restrained Of his liberty. 40
far a. this court Is concerned. He has been
admitted to bail. Justice Scott could not
have known that when he issued the writ, y
Magistrate Brann announced.
Assistant District Attorney Sanford
said that the detective had surrendered 70
the police sergeant at O'Clock and the
writ had been Obtained an hour suisse
quently,
There was an argument between counsel
a. to whether person hailed could legally
surrender himself without the cooperation
OF his bondsman. The Magist rate held
that a person was not in duress by order Of
the court until he had appeared before the
Magistrate and been formally committed
to prison, ,
until now, Which is subsequent 10 issuing
the writ which declared that he was ia
custody he added
Mr.. Gruber said that the writ proceed
ings were very singular. and he would gladly
waive all objections and go before Justice
Scott.
Every well, then. But to keep the court
records straight | shall mark the time,
SIS o'clock, on the commitment. 10 that
the Justice may zee it," the Magist rate
announced, a. he filled the court form
committing Jacobs to prison.
We OBJ c. to committing him rs prison.
declared the young man who had served
the writ.
Il object to committing him to prison.
There ia no need of perrecuting this man.
He has been committed long enough To
serve the purpose of getting writ. spoke
up Mr.. SANFORD.
whom do you represent, the District
Attorney. Mr. Sandford?" inquired the Mag
istrate.
The Assistant District Attorney answered
that he represented nobody there.
The Magistrate suggested that the lawyers
on both sides call up Justice Scott on the
telephone and ask him to hear the case
Immediately. They tried to get the Justice
but could not do 40 and the Magist rate
then suggested that Jacobs be surrendered
at o'clock this morning when he would
formally commit him and then the matter
could be taken before Justice Scott. This
was agreed to and the detective was allowed
to leave court.
When a writ of habeas corpus is served
on any of the City Magistrates the District
Attorney, is required to appear IN the SUI
preme Court TO sustain the Magistrate
The District Attorney will not do so in this
case, however. Lawyer O'Reilly said the
copy Of the habeas corpus writ had been
made out on paper from the District At
torney's Office.
corpus set forth that the complaint against
him was defective and his restraint illegal
He added that there was but one witness
against him.
Acting District Attorpey Cans said that
Htchins's affidavit was0f no more weight
IMAM WOulu tliht Vi dcCus>tu person
who should swear that witness had testi.
fled falsely concerning him. II it became
the practice, he said, 10 issue warrants every
time an accused person said that witness
against him had lied the criminal courts
would soon be tied up in knot.
Counsel in the proceed ngs Of David "
Bucklin against Police Inspector Nicholas
Brooks for unlawful entry into Richard
A. Canfield's house at s East Forty-fourtl
street submitted briefs to Magistrate Branr
in the Yorkville police court yesterday
The Magistrate expects to announce his