New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-12-21
ACCGSER WAS DESERTER.
Man Who Charges Mrs. HyIand
scith Larceny Shot Negro.
SHE is HELD IN $4,000 BAIL.


Mrs. Inez Hyland. divorced from her husband
James F. Hyland. a British engineer in South
Africa. who gave her address as No. 22T West
One-hun dred- and twenty -first-st was arraigned
before Magistrate F1ammer. in jefferson Market
police court yesterday morning. charged with
the theft of Jewels. valued at nearly S11 900
from John A. Fysh. Mrs. Hyland was held in
$4,000 hail by Magistrate FIammer. The hear
ing Will be continued this morning. Her arrest
was published in yesterdays Tribune.
Barlow s Weeks. counsel for Mrs. Hyland,
obtained from the complainant admissions that
he wss a deserter from the United States Army,
and that in his stay in South Africa he had
shot negro and fed from the Portuguese ter
rftory Of Mozambique 70 British South Africa.
Mrs. Hyland IS charged with retaining the
jewelry which the complainant declares he gave
10 her for appraisal. as her mother was to make
loan on IT. The list includes diamond neck
lace with a pearl pendant. valued at $4,000;
a watch. valued at $500. and two diamond rings,
valued at $500 each. Frank BOland appeared
for Fysh. Mrs Hyland maintained a perfect
composure.
Fysh told the magistrate ne had been in the
British Colonial Service. and was still in the
pay OF the British government He asserted
that on December he gave the jewelry TO
Mrs. Hyland while they were in the Marlborough
Hotel rathskeller. She wrote a receipt for it.
She was 70 have the gems appraised at Maiden
Lane jewellers and report back to Fysh at the
Hotel Navarro Mrs. Hyland telephoned TO
Fysh that she would him the next night,
but did not call al the hotel at that time, and
when Fysh went TO her address. at No. 351
West Thirtieth-st.. he said. he told she
had moved.
Then MI Weeks took the complainant in hand.
To his questions Fysh said he was British
subject He had been first class private in
the engineering corps Of the United States Army
for two years and nine months and deserted be-
cause he had been bullyragged" by his COM
handing officer and the sergeant in the corps
He went to South Africa. He enlisted under
the name of Fish He married in Scotland, in
1862. Under direction of the court he refused
10 disclose the maiden name of his wife.
When he first went TO South Africa he was
tinnekeeper under James T. Hyland, who
sent 10 Bera, IN Mozambique. chief engi-
neer TO keep the railroads in repair. After
shooting the negro Fysh said he went TO I'm
tall in MashOnaland. Letters had passed be
tween Mrs Hyland and himself in his stay at
Umtali. Since leaving South Africa he had
written 70 Mrs. Hyland three or four times A
year, much after marriage as before. He
would not swear that the tone of his letters
was not affectionste.
Magistrate Flammer interposed a few ques-
tons at this point
was that receipt which Mrs, Hyland gave
you given TO you to show your wife If she
should ask bout the jewelry?" he asked.
The witness replied that he had not tod his
wife about the case The jewelry was in the
safe deposit vaults al the Hotel Navarro, and
he had his wifes permission TO get it whenever
he cared to- Mrs. Hyland occupied excellent
social position in the South African colony. He
understood the defendant had obtained divorce
from her husband
The defendant told him her mother would be
glad TO advance $1,000 good security with
interest AT per cent. He wanted the money
TO make a 5000 investment for his wife. Mrs.
HYland taken TO the Jefferson Market jail
and left in of the matrOn Acting under
the advice Of her counsel she refused talk
about the
Magistrate E~1an1T,,er instructed E-x-Sb TO
his wife appear in court to-day, and told him
TO bring 10 court all letters he had written by
the defendant
Mr.. Weeks said after the hearing:
The defendant does not possess the jewery
and never had possession Of II any time"
While leaving court. Fysh explained the shoot
ing Of the negro by saying that while suffering
from acute malarial fever delirium he dis
charged a gun at random. He told the
next day that he had killed a negro, and to
avoid trouble with the Portuguese government
fed TO British territory.