New-York tribune., 1903-04-27
DELAY FOR ADAMS.
Tenders.

Mr. CAP Adams has been spending Sunday at
1.-The Tombs' instead of at his new country
home near OSsining- n-the Hudson, where. 1t
might be thought, in these glorious spring days
he would be anxious TO go. His stay in town
may cause some disappointment. There are
many people waiting for him at the country
place who were sent there more or less directly
by him. and they have been at work there for a
long time breaking stones for roads for him to
walk on and putting up buildings for him to
occupy. Having prepared place for him While
he was down here spending the money taken
from those he had lured to ruin and left to
crime, it would seem appropriate that he should
not delay in bringing up the rear of the process
sion he has done so much to form.
He will doubtless. however, soon be able to
go home to his own place. He is detained here
by a writ of habeas corpus but unless the
promise held out by the recent reform in ju-
diciaI procedure is utterly delusive, that OBJ
stacle will not long stand in the way. 1t USED
to De the custom of unscrupulous lawyers for
rich criminals to 60 about the State from one
fudge to another till they found one who could
be induced to grant a certificate of reasonable
doubt Thus they were often able to cheat
Justice for long terms The law has been
changed so that the application can be made
10 only one Judge. and the authors Of that re-
form have boasted that this put an end to
delays in carrying out sentences beyond the one
chance which fairly belongs to a convicted man
to be heard on the question of bail pending ap-
peal. If, however, under cover Of another form
of procedure, the same old performance before
different judges can be gone through, and pos
sibly made successful, the adequacy of the re-
form is not so clear.
Adams chose TO make application for a GER
tifcate of reasonable doubt to Mr.. Justice Scott,
before whom he was tried. Perhaps he thought
that the consideration shown for his health
pending sentence argued a favorable disposition
toward him. If so. he was disappointed, for
the certificate was denied, and it was generally
said that he must now go to Sing Sing. But
10 and behold On application TO Mr.. Justice
Giegerich a writ of habeas corpus is issued to
the warden of the Tombs commanding him TO
produce Adams in court this Monday morning
and account for his being deprived of liberty.
We suppose that a writ Of this sort is always
issued on an ex parte application and means
simply that judge will examine into a matter
where a wrong is alleged in moving papers. If
the writ on the hearing is dismissed, then
Adams will move to the country. If, on the other
hand though the warden shows a commitment IN
due form issued from the trial court and backed
ND by the decision of Mr.. Justice Scott on the
application for stay, the court proceeds TO
consider the legal questions to be raised on ap-
peal and to decide, as Adams apparently hopes,
whether the legality of the conviction is certain
enough to warrant Imprisonment pending their
determination then we have with us still the
unrestricted pursuit Of stays. We do not pre-
tend to say how Mr.. Justice Giegerich ought to
decide the question. Under the law it may be
his duty to review the whole trial in the hear
ing on the writ of habeas corpus, or, on the
other hand, Adams may simply have taken ad-
vantage of the writ for a Sundays delay in
town, knowing it could not avail him longer.
All we say is that if the law still leaves a
criminal conviction at the mercy of multiplied
reviews whether they result in stays or re-
leases by habeas corpus then the punishment
Of crime is made unduy difficult and further
legal reform is in order.