The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-08-04
THUGS ARE ODE EXTRADITED.
MONK EASTMAN WILL BE TRIED
Nv JERSEY, LIKE LAMAR.
Senator Grady Failed to Appear Before
Acting Governor Higgins and Ex-
tradition Warrant Was lssuedRHa-
beas Corpus May Delay Transfer.


tradition Warrant Was lssued--Ha-
beas Corpus May Delay Transfer.
ALBANY, Aug 3.-The two New York
roughs whom, as is alleged in New Jersey,
David Lamar, one of James r. Keenes
Wall Street lieutenants, hired to assault
his ex-coachman, James Mcmahon, at Long
Branch, are to be turned over tomorrow
in New York city to the New Jersey au-
thorities and must stand trial in New
Jersey. The men are William Delaney,
alias Monk Eastman. and Joseph Brown
of New York city. On Saturday the Gov
ernor of New Jersey asked for the surrender
of the two men, and their counsel, Senator
Thomas F. Grady. was notified that a hear
ing on the application would be accorded
to him this afternoon at o'clock before
Acting Governor Frank Wayland Higgins.
Gov. Higgins waited four hours this after
noon for Senator Grady to appear, and
when Grady failed to appear granted the
requisition for the surrender Of the two
men, who will be taken to Long Branch to-
morrow. Prosecuting Attorney John E..
Foster of Monmouth county, n. j., was
present at the appointed hour to support
the request of the Governor Of New Jersey
for the surrender of the two men.
The news of Acting Governor Higgins
decision reached John Hoyer, attorney for
the prisoners, just before he left his office
yesterday. He said it must be mistake.
Senator Grady" said Mr.. Hoyer, got
a telegram from Governor Higgins promls-
ing to notify the Senator when he could
have a hearing Senator Grady has gone
to Geneva and he will go from there to
Albany as soon as he receives this notitica-
ton. I daresay the other side may have
seen the Governor, but I'm sure that he will
do nothing until he has heard US. If
warrant of extradition is issued. we can
then apply for writ Of habeas corpus
on the ground that the prisoners are not
the men-the defence we would have made
in the police court had not these proceed
ings in Albany come up.
Such a writ might delay the transfer to
New Jersey for while. The issue of the
warrant probably makes useless a writ
of habeas corpus obtained yesterday from
Justice Dugro for the purpose OF applying
to him to-day for the release Of the prisoners
on bail. They were formally committed
TO the Tombs yesterday by Magistrate
Ommen to await extradition. Assault with
a knife is punishable in New Jersey by
len years Imprisonment. Lamar Is under
bail at Long Branch for completely in the
assault.
When the case was called in the Tombs
court yesterday morning Hotel Keeper
Green of Long Branch was on hard to tes-
tify for the prosecution that the prisoners
| were at his hotel and that Lamar paid their
bill. The prosecution decided, however,
| that a strong enough case had been made
| out without his testimony and he was not
called. Senator Grady then sprang a sur
| prise by calling Coachman McMahon In
reply to a question put to him by Senator
| Grady Mcmahon admitted having been in
| prison 1t was when Lamar, he said, had
| had him locked up and that was the only
| time he had ever been in prison or in court,
| Didn't you serve ten months III the
Kings County Penitentiary for stealing a
harness2" asked Senator Grady.
Weren't you arrested in Allent own for
rape.
Mr.. tombstone, who is prosecuting the
case, objected after Senator Grady had
asked the witness a few more questions
! like this. He said that Mr., Grady was
| irving to impeach his own witness. which
was against the rules OF procedure Mr.
| Grady asked only one more question. II
was whether Mcmahon had testified in
| the New Jersey court that he had recog-
nized one of his assailants as member
of the Road Drivers Association whom
| he had seen at the Rossmore Hotel when
! he drove Lamar there one time.
| what said was, replied the witness
| ~that had seen one Of the men one day
when drove Mr.. Lamar TO the hotel to
| attend the road drivers meeting"
Senator Grady said at this iuncture that
| il was no use to go on when the whole
| matter would have to be gone over again
at Albany, whereupon Magistrate Ommer
| said
Il think case has been made out here
| and these prisoners have been positively
! identified as the men who are wanted ir
! New Jersey That is the only thing
have to decide
| SEABRIGHT, Y. j., Aug. 9.-Before Justice
| P. Hall Packer here to-day judgment was
! obtained against David Lamar by Gym Il
| Delaney, feed merchants of Atlantic High
lands, for s133 Os, with costs. Two hour
| after the judgment was rendered Justice
Packer had the amount OF the Judgment
| the remittance being made by Mrs Lamar
| The latter appeared 81 Justice Packer
! Office in Seabright this afternoon and ex
| planned that Mr.. Lamar was so wrapped
| M in Wall Street affairs that he was care
/ less about business matters at hCme. Thi'
| Ia the second judgment that Lam VI has paie
since Saturday, the other being to Jame'
| Mcmahon for wages due.