New-York tribune., 1906-07-19
WRIT OUT FOR GIBSON
NAY FREE HIN TO-DAY.
Detectives Find apparent FIaso ~
HIS Perfect .AIi5ii.

Justice Blanchard. sitting In Part IT. special
Term. Supreme Court, issued habeas corpus
writ yesterday for Burton W. Gibson. the
Brooklyn lawyer who was committed 20 the
TOmbs on Tuesday evening in connection with
the murder in The Bronx OF Mrs. Alice c. KIM
nan. It was peremptOry writ and commanded
Warden Flynn, Of the TOmbs 70 produce his
prisoner in court Immediately.
Gibson was. however. out OF the Tombs to-
only few minutes. for the justice granted a
delay on the hearing OF argument until this
morning on the request OF the District AttOr-
ney's Office. and the lawyer was taken back 70
prison
Luke d. Stapleton. counsel for Gibson. who
obtained the writ. hurried with it to the Tornhs.
while Harlan Moore. who is associated with him.
advised the District Attorneys Office OF the ac-
tiOn Mr.. Mott. acting District Attorney as
signed Joseph COrrigan to represent the oTce
In the proceedings before Justice blanchard
After a little delay Gibson was brought out m
charge Of Keeper Ryan He attempted 90 place
pair OF handouts on his charges wrists. bur
Warden Flynn. on appeal BY Mr. More dit
not allow this.
Outside the Tombs when the party started 20,
the courthouse stood an tmmanss crowd OF NOR
bidly curious people. many OF whom have been
going daily TO the prison to see Mrs Harry x
Thaw. II was with some difficulty that way
was made through this crowd
CALLS COMMITMENT IRREGULAR
In applying for ths writ on which he hopes
20 free Gibson Mr.. StsplstOn gave as his
grounds that the commitment OF Coroner Nc
Donald was Irregular and illegal. IN that IL
failed to state OF aIlegs what charge the pris-
Oner is confined. The commitment simply sta5ea
that Gibson is ''held In ths case OF the death OF
Mrs. Kinnan' and fails to say whether he -
held as a principal accessory OF witness Mr.
stapleton declared before Justice blanchard
that his client was held IN prison on q most rs
markably unwarrantable process Mr. CorrlgAn.
for the District Attorneys office. asked for
an adjournment until tomorrow. as he had just
been served with the writ. Justice Blanchard
said that there was a mans liberty at stake IN
the proceeding. and suggested that the hearing
go on this morning. to which Mr.. COFrigan con-
sented.
Counsel for Gibson. who was an Interested
and nervous witness Of the proceedings then
asked that tho bail Of S25OOO fixed by Coroner
Mcdonald. be reduced. to which Mr.. Corrigan
objected
''The circumstances Of this case are SO ab-
solutely unjustihable." said Mr.. Stapletou. that
the District Attorney should have no trouble in
making up his mind without any delay OF hest
tation. This man is held without a warrant OF
a magistrate. without commitments By the
grand jury or without an inquisition by a corr
oners Jury, and his detention is absolutely NE
gal In amy case. he should be admitted 20 bail
In lesser amount than $4,000
Gibson looked dOwncast as he started on the
triD back 70 the Tombs-
It was learned yesterday that investigation by
detectives has developed an apparent flaw in the
perfect alibi" made by Gibson The lawyer
declares that Eugene E. KiTshler. a WAITER
served him IN the Imperial Cafe on the night OF
June s. when Mrs Kinnan murdered IN her
Bronx home
WAITER DENIES SERVING GIBSON
Eyirshler SAYS that it was his night of. and
his statement Is cOrrObOrated by the books Of
the Imperial Cafe. where he worked The waiter
says further. IN an affidavit. that Gibson asked
him TO sign paper that he waited on the lawyer
on the fatal night. and that ne refused TO do
this
The affidavit Of Kirshler Is thought TO be a
serious blow to Gibsons alibi Mr.. StapletOn e1-
planned that he went with Gibson to see Krsh-
ler but only 70 ask whether he remembered see
ing the lawyer on the night Of June S. and that
no effort was made 70 subOFn testimony Of any
kind.
Although Gibson was much wrought up ever
his arrest and disappointed because OF his fall
ure TO obtain bail. he refused to make any state
ment for publication He PASSED q restless
night and when at 10 o'clock nobody had called
10 see him he seemed to feel that his friends
had deserted him.
Flynn and asked him about the commitments
papers. The warden answered that they ws1e
entirely regular.
Some Of the Kinnan Jurors expressed surprise
Yesterday that the District Attorneys Ofrca was
not represented az the inquest. although Coroner
McDOnald had asked that IL should be There
was nobody, they said. to crOSS-eNaIline Gibson
when ne was on the stand. Some Oe the Jurors
declared that they thought the testimony OF ths
italian detective Scudi. who interviewed MIS-
ScippO for Gibson. was renarkeD!s
Some Of the jurors also said that Tley were
most Impressed with the testimony Of Mrs.
ScippO They spoke freely Of their convictions.
Coroner Mcdonald. they thought deserved Credir
Tor the manner IN which he. though ineXperi-
enced handled the case
No bOndsmen appeared for Gibson. and Cor
oner Mcdonald said that any man desiring 70
give bail would have to qualify IN $4,000. and
that he would take care not 70 accept a straw
bond. Mr. StapletOu. however, appears s2nguins
of obtaining his clients freedom to-day on the
habeas corpus proceedings.