The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-12-28
JACOBS SLEUTRS into QUOD
WITH MCCH DIFFICULTY, 70 GET
IN RANGE or 4 WRIT,
the Writ Is Brought to Hear and the Prison
Doors Fly Open a Minute or 80 Later,
and Justice scott Leaves Him Out.
side While Perjury Charge Is Weighed.


side While Perjury Charge Is Weighed.
Joseph Jacobs, the greatest dctector of
gambling east Of the Rocky Mountains,
almost failed TO get arrested yesterday
IL was very important that he should DE
arrested He had been charged by one
Hitchings, colored, otherwise known az Sam
uel L. Smith, alleged to have been once the
doorkeeper of the house az 80 West Thirty
third street, in which Frank Farrell SAYS
ne mas no interest, with perjury, in having
sworn thai he (Jacobs) was in tho Thirty
third street house on the evening of Now 20.
Jacobs tried to have himself {. n into
custody on Friday, 40 that writs OF habeas
corpus and certiorari, sued out for his bene-
It, could be returned He failed however,
because the writs were, by mistake, made
returnable at 10 and II P NJ. instead of
A. NJ. But the mans friends in the Citizens
Union and the City Club. being p ,rsons Of
resource, decided to have him arrested yes
terday morning.
So 1t happened that Jacobs, attended
by his City Club counsel Mr. McIlvaine,
OF the firm Of Parsons, Classon < McIivaine,
and minus his Citizens Union bondsman.
r. Fulton Cutting. appeared at Yorkyille
police court shortly after o'clock yesterday
morning. Sergeant McGir of the court
squad was the only person who seemed
to have authority within the vision of
Jacobs and his lawyer. So the sleuth
made for the sergeant, Mcllyaine guard
ing the rear.
"Ec-e | am said Jacobs "and want
to surrender myself. I'm accused Of per-
jury. my bondsman has gone back on me and
irb ,,,l,, -
is that SOP" said McGirr" well. you'll
not play that game on me two days in sue
cession-not if know myself You were
around here yesterday with the same
game and it didn't work. II won't work
any better to-day. G'wan."
But you're obliged to take this man
into custody said Mr.. McIvaino, coming
up from the rear. He has surrendered
himself and you must arrest him
-Mebbe you can tell some folks their
business" said the sergeant to the lawyer.
but | know me own. I've NJ business
with your man and don't want any"
The sergeant looked a if he said meant
what he said so Jacobs and his lawyer
went down stairs to Sc what they could
do with Warden Lynch
Nothing doing here" said the warden
I've been directed to do nothing. Maybe
you have those writS you're talking about
and may be you haven't Jacobs hasn't
been committed yet. and if | should arrest
him, what would be the matter with your
bringing me up for false Imprisonment?
Suppose | should arrest anybody who
asked me to, yout couldn't see me for the
pile OF law suits You can't get rid OF your
man on me-"
Jacobs and his lawyer were i'm despair
Try as they would to get arrested. they
couldn't. At length. however, they heard
that Magistrate Brann had arrived and they
appealed to him. The Magistrate looked at
Mr., Mcllvaine's writs and found that they
were returnable before Justice Scott at ii
o'clock yesterday morning So he formally
committed Jacobs, who was taken down to
the court prison and later taken by keeper
to Justice SCOTS court.
There he was met bv Austen G. Fox,
one OF the legal lights Of the City Club, who
asked the Justic q discharge him fro GUS
tody on the ground that there was nobody
hut the. complainant. Hitchins, to support
the perjury charge.
Why said Mr. Fox, athis thing could
60 on forever. Jacobs might go before
another Magistr rate and get another war
rant for Hitchins. The later could then
mate another complaint against Jacobs for
pei Jury Furthermore, Hitchins doesn't
evea leRe that he was in the Thirty-third
street house on the night in question"
That's subject upon which there seems
to be some tender feeling just now" OBJ
served Justice Scott
Be that as it may replied Mr.. Fox, --the
important thing here is to bear in mind that
when a man Is arrested. he cannot. on his
own denial and uncorroborated evidence,
have the complainant arrested for pei Jury
Justice Scott reserved his decision and
paroled Jacobs in the custody of his counsel
Mr.. Fox didn't know Jacobs by sight and
said he wanted to 90 to North Carolina him
self. Thereupon Mr.. McIlvaine volunteered
10 assume responsibility for Jacobs and Mr.
Fox appeared to be much relieved.