The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-12-18
POLICE LIEUTENANT TO JAIL
kUHNE GETS 10 DAYS BECAUSE
NE VT GGED" FRANZ JENKINS
And Must Pay $3.50 Flu tor OIsObey Ing
writ Of HRROcas Corpus. According 10
Justice Burr's Decision Commissioner
Bingham viii stand 10y Acting Captain.

Lieut.. August Kuhne. acting captain
in command Of the Detective Bureau,
was adiudged guilty of contempt of court
by Supreme Court Justice Burr in Brook
lyn yesterday and wap sentenced to
thirty days Imprisonment in Raymond
street Jail and to pay a line of s2jc. kuhne's
offence was that he failed to obey a writ
OF habeas corpus sworn our by Lawyer
Stephen A. Baldwin in order To prevent
the police from photographing Frank
Jenkins. who had been indicted in con
noctiOn with the Jenkins fr'Ist Company
scandal.
Acting Captain kuhne was shown he
wrir which had been made Out originally
for John q. Jenkins, Jr.. but n the name
had Teen erased and that Of Frank Jenkins
inserted acting Captain kuhne hP!d hat
the writ was not genuine. aud despite
the protests of Frank lruEinss lawyers
the acting captain ordered Jenkins TO be
taken upstairs in the state street police
Headquarters ana "muIged." His order
was obeyed. and FranlI Jenkins was also
measured for the BerrillOn records.
In the subsequent court proceedings
KLhne was represented Ivy William J.
Rand and Assistant Corporation Counsel
Layausky. who pleaded thai kutne had
no intention ~ violating the order Of the
Court. but rs he saw certain changes made
in the writ in the detention Office by a man
who had the writ in his possession he he-
lieved he writ was not genuine.
COunsel for kuhne late yesterday after
noon filed a motion of appeal from the
decision of Justice Burr and to-day they
will apply to Justice Burr for a say Of
execution pending the appeal.
Justice Burr did not i5suT the warrant
for the arrest of acting captain kuhne
and will not do 40 until kuhne's lawyers
bring the matter before him to-day.
In his opinion Justice Burr reviews the
cir CtiustanCes Of the issuing and serving
Of the writ and concludes:
The wrlt of habeas corpus - The most
vrHrra BILE of the State Hrit- known TO the
law. II il a writ 80 sacred that ~ alone Of
the great STATE writs ~ especially projected
by provisions Of both the Federal aud state
Constitution. \ punishment in this ease
must bc inhi'trd sufficiently severe TO vim
diC1te the dignity OF this writ aud 10 impress
upOn the respondent and others m" srrIoIS
!, consequences Of disObedienc" TO II.
Tor the contempt OF Wh,Ch The Tr-pOude nl
has been guilty / direct that he he commute i
TO he county Jail Of Kings county aud here
imprisoned for a period OF thirty days und
thai he be fined in the sum 81 $3.50. and that
he he committed to he same lail and Their"
imprisoned until such hnr, - paid. not "N-
NFFfllls dh lNAhl' WV p'AN'N ~ '''. '
Commissioner Bingham. az he announced
after Kuhne's ignoring Of the writ Of habesS
| coTpUs, will stand by the acting captain.
He believes that KuhDS did right in the
circumstances. rs The wTir had been altered.
! apparently after Justice Burr had issued il.
The Police Department will pay his eX-
, peuses in fighting the case, II the law allows,
slid the Commissioners although the Cor
p~oTation COunsel's Office * fighting the
case for Kuhne.
Gen. Bingham would not Comment on
Justice BuTr's decision until ne saw a copy
of il. He believes, however. that kuhne
was trying rightfuIly to do his duty. The
! Commissioner also believes tina in a de-
Cision given 10y a Federal Judge in the case
Of u Secret Service man twenty years ago
he hes a precedent which will free Kuhne.
The Secret Service man arrested an alleged
count erfeiter. who in resisting being photo
graphed had his arm broken. He was ac-
! quilted of the counterfeiting charge and
brought suit for damages for the broken
arm. But the Judge, according to "A letter
a friend Of Gen. Bingham wrote, instructed
the Jury that the Secret Service men were
within their rights.