New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-08-07
WITNESSES APPROACHED.
Charge by McNahon's Counsel IN
'MOnk" Eastman Case.
RUFFIANS WAIVE ExTRADITION.
[Rr TELEGRAPH TO THE rRIBuxE.I

Long Branch, n. J., Aug. 6.-"Mcnk'' Eastman
and Joseph Brown. the New-York ruffans
charged with assaulting James Mcmahon. for
merly coachman for Davi1 Lamar can waive
Indictment and ask for an immediate trial if
they do not want to wait for the action of the
September gand jury.
Judge Wilbur A Heisley. of the Monmouth
County Circuit Court, when seen at Long
Branch this evening said that this procedure
would not hasten the trial. as after next
Thursday there would be no court until the
September term, as he had arranged for his
summer vacation. When asked if the men
could be admitted to bail the charge for
which they were held, he replied that they could.
This however. would make necessary prelim-
mary hearing to determine the amount.
When seen tonight Thomas P. Fay who is
counsel for Mcmahon said that the judge OF the
Court of Quarter Session had power to admit
them to bail. but in the circumstances of this
case, when other parties We're at large. it would
be an InJudicious thing TO do.
Men of the reputation and character of these
men," he added, ARE better in confinement than
at large. The audacity of the crime with which
they are charged is unparalleled in the history
of modern criminal law. The details of the plot
are now complete in the hands of the prose-
cutor. 1t would not be wise at this time to dis
close all the evidence he has in hand. Some
of the witnesses of the State have already been
approached. 1t will be a dangerous proceeding
for any person who attempts to interfere with
the States witnesses. The Prosecutor already
has some evidence in hand. and will no doubt
bring the matter to the attention of the court.
There will be another arrest in a few days, the
evidence in hand is conclusive and there viii be
no possibility Of any of the parties escaping
The evidence is not circumstantiaI, hut is direct
testimony
There much surprise in the Supreme
Court yesterday when Mr.. Hoyer. counsel fer
Monk" Eastman alias William Delaney. and
Joseph Brown. accused of assaulting James Nc
Mahon, formerly coachman for David Lamar.
announced that his clients, after consultation
with him, had decided to waive all rights and
consent to their extradition to New-Jersey.
Eastman and Brown yesterday were before
Justice Dugro in obedience to wrts of habeas
corpus sued out for them by their attorneys,
Price & Hoyer. Justice DugrO was asked to
order their discharge from the custody of PO-
lice Commissioner Greene. Central Office De-
tectives Duggan. Kinsler. Hennessy and Crater
holding them until the question of their extradi-
ton had been decided. 1t was declared in their
petitions for the writs that they not the
persons named in the complaint on which the
extradtion warrants were issued and that they
were not in Long Branch the day when Nc
| MahOn was assaulted and could not, therefore
have been his assailants.
Eastman and Brown were brought into court
by the four Central Office men, John E Foster
the Public Prosecutor of Monmouth County.
was there TO oppose the discharge Of the prison.
ers, and with him were County Detective
Charles f. Strong, of the chief witnesses
as to the presence of Eastman and Brown in
Long Branch at the time Mcmahon was beaten,
and number of other witnesses.
Mr. Hoyer's announcement created no little
surprise as on Tuesday when Mr.. HoTer pro-
cured the writs. he announced that he would
prove a clear and unquestonable aIibi. His
clients had not been in Long Branch, he said.
the day when Mcmahon was attacked, but
were engaged in peaceful pursuits, one of them
having been mourner at a funeral. while
other was on a fishing excursion.
Assistant District Attorney JOhnStOne then
asked for the dismissal of both writs. Justice
DUgrO granted the application and remanded
the prisoners. with directions to the Police Com
missioner to hand them over TO the agent Of the
NeW-JerSey authorities and his County
Detective Strong and two constableS from Long
Branch then took Eastman and Brown 10 New
Jersey.
Eastman and Joseph Brown reached Freehold
county Jail Eastman signed the prison reg
lister as William Delaney. Both men were trac-
table while being brought here and created
no trouble. They in the custody Of Of
fiCers Strong and Petit. and Detectives Duggan
and Kinsler, of New York, accompanied them
all the way 10 Freehold.
The Monmouth County grand jury Will meet
here on September l and consider the case. In
dictments will then be returned and the de-
PENDANTS brought 10 trial as soon possible.
II is considered proba bic that the prisoners will
succeed in getting bail before the trial