The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-04-26
NO sing sing FOR Al ADAMS.
HE'S GOING TO THE u. 4. sUPREMs
COURT AT HIS LEISURE.
Meanwhile, with the Help Of sherin Omen.
He stays In the Tembs Instead Of
Going Up the River "Forthwfth''--
The Court Deceived. Aar Prosecutor.

Ne StaU IN the Tom0s Instead 81
Going Up the River "Forthwfth'--
The Court Deceived. says Presecutsr.
Assistant District Attorneys Cans and
Gray have set about getting vacated the
writ Of habeas corpus by virtue Of which
Az Adams Is resting In the Tombs instead
Of in State Prison. where Sheriff 0'Brien
was directed by Justice Scott of the Su-
preme Court on Friday morning to take
him forthwith. The Sheriff got tbs order
in the morning, but interpreted forth
with to mean the next day. and Adams's
counsel got the writ OF habeas corpus In the
afternoon. That little matter Of inter-
preting forthwith may mean all the
difference to Adams Of a summer In the
State Prison and one In the Tombs. He
Ia rich man.
'The writ Of habeas corpus which
Adamss lawyer Obtained said Mr. Cans
yesterday morning, does not mean much
In itself. There Is no doubt that It will be
vacated, but its purpose IL to keep Adams
In the Tombs until writ may be procured
In the United States courts, Now, ] have
no doubt also as to the ultimate decision
on q writ In those courts, but the unfort.
innate thing about II would be that an appeal
from decision Of . United States Judge
vacating his own wri. upon hearing the
facts would act as a stay upon all proceed
ings In the State courts while the appeal
travelled up to the Supreme Court Of the
United States. The Supreme Court OF the
United States will throw the case out Of
court, but II is not likely that that tribunal
will reach the case before fall. and mean
while Adams will stay In the Tombs while
cedure will be just the same a. II was In the
case Of Wardman Bissert.
The experience mad yesterday In the
Sherihs Office was just whtt ! used to
have when Tammi ny sheriff W. in power.
Scott issued his order to Ia ke Ada ms to
Sta tie prison forthwith end saw the under
sheriff. He g. Id ths I he would not T. Ike
Ada ms until the next morning. Iergued
with him nd we fins LILY CT lied on Justice
might get definition Of forthwith jus
tice Scott refused to 81 anything bout the
mi tier. There WIS no re- scn why he
should nything. The Sheriff he d the
forthwith writ and Justice Scott is not
the Sheriff Leg dviser. told the Sheriff
result In delays on technica Titles until
fall.
However shall see what car be done
about that writ. II 1t IL not mt de out on
sufficient grounds I sht II isk thtt Il he
vac ted nd there is my perjury In tn
grounds LEGGED something will be doing"
Mr.. Grs y nd Mr. CT rs then went to the
County Clerks office nd found the petition.
They concluded thu there were prs ctio lly
no grounds for its issue nd went before
Justice Giegerich who issued II. Justice
Giegerich issued sn order for ADJ mss
lawyers to show CO use within an hour why
1t should not be We c. ted
The petition for the writ ives hs nded IN
on Frid, to Justice Gieserich's clerk by
for It, Yesterday Jimmy VI ) not to be
found and FRI nix Oliver appea red before
Justice Giegerich He protested az, inst
decision being ms de in the unfortunate b.
sence Of his brother. He aid that ne was
The Court has been grofely deceived
said Mr.. Cans. The petition on which
this writ was obtained was entirely mis-
leading. II was stated that the prisoner
was confined in the Tonbs on the COM
but It did not state that the commitment
was pursuant to the verdict Of jury after
. trial by competent court OF record:
Jimmy divers brother Frank said that
he d know 70, aS9o s! the ni liter
delay was what the policy men were playing
for SO that they could get the Gaze into
the United States courts by any hook or
crook. Oliver promised that no steps
should be taken before jus tice Gisgerich
decided upon the writ Of habeas corpus,
which is to be argued Tomorrow. Mr.
Cans wanted q promte made that no step
should be taken until two hours after that
decision but Oliver would not 20 80 far
However. Justice Giegerich gave him the
delay he asked.
Jimmy Ridgway, who defended Adams,
said yes terday that the conviction Of Adams
was brought about in violation Of the Con-
stitution Of the United States, because
he was convicted upon evidence obtained
from his private papers which were seized,
without q search warrant.
Adams will never serve Q day In State
prison. said Ridgway.