The sun. [volume] (New York [N.Y.]) 1833-1916, 1908-09-22
WOMAN DEAD, PRSONERGONE
MYSTERY ABOUT RELEASE or
MAN VINO SHOT MRS. M'CABE.

NAV wv DhAVA "At'~
Police Tell Jail Warden to Change Charge
Against Names to Homicide M
Find He's Gone-Circumstances Pc
culiar-District Attorney Notified.
There was a lot Of trouble In Brooklyn
yesterday following the death in st.
Marks Hospital Of Mrs. Frances MoCabe,
20 years old, OF 500 Hewett place. The
Bronx. who wa shot three times by q
man with whom che refused TO elope.
The shooting took place on August 20 In
the home Of her father, DR.. Isador Rosen-
thai. a Brooklyn physician. at 81 Glen
more avenue.
When the police called up Raymond
street Jail TO notify the warden that a
charge Of homicide would be preferred
against the woman's alleged assailant.
Samuel Names. 20 years old. OF ss West
Ninety-eighth street. Manhattan. to-day
in the New Jersey avenue police oour
the answer came that Names was no
longer at the jail.
He vas released on the night OF Sep
tember II in $500 on a charge Of attempted
suicide, The charge OF felonious. assault
that was against him had been disInissed,'
declared the warden Of the prison.
Police Captain Isaac Frank, hearing
this, leaped from his chair, grabbed the
telephone receiver and got confirmation
Of the report.
4Felonious assault, charge dismissed.
Impossible!' shouted the captain. Why,
the oma he shot is dead. He is wanted
for homicide. This beats mel Magis-
trate Geismar gave the order releasing
him, you ssy?"
Instantly a general alarm was sent out
for the arrest Of Names and men IN plain
clothes were sent QUITO hunt for him, but
up to a late hour last night no trace OF
the man had been found.
Rumor circulated that there had been
something irregular in the case OF Names.
Investigation showed that Names was
admitted to bail by Magistrate Geismsr,
but the Magistrate declared last night
that the sum was $500 and no $500.
"A brother Of jacob Eilperin, former
clerk in the Adams street court. came
to my home with a bondsman for Names
last Thursday evening" said Magistrate
Geismar. Il was told that simply a
charge Of attempted suicide was pend
ing against Names. and after l had con-
irmed this by telephonlng. to the Ray
street Jail, where the man was
confined, and learned that the sum OF
$500 had been named by. the Magistrate
before whom Names had previously
been a~rraigned l signed the bond re-
leasing him.
Il know nothing further Of the case.
The bondsman was .vouched for in a
proper manner. II there was a. charge
man 1 am greatly surprised to learn 1t.
There seems TO be a mixup somewhere.
The trouble lies either with the New
Jersey avenue court officials or With the
people at the jail
The deputy warden of the Raymond
had been there from September . up to
the time of his release by order Of Magis-
trate Geismar.
when first brought here there came
with Names commitment papers on
charges OF felonious assault and attempted
suicide said the deputy warden. On
the 9th M 18th he was arraigned in
the New Jersey avenue court and on the
latter date the only one OF the commit
papers which go back and forth
with a prisoner was returned. This waa
on the charge Of attempted suicide. We
naturally supposed the felonious assault
charge had been dismissed. We are IN
no way responsible. There seemed no.
thing unusual in the way the case was
conducted
The man was admitted to bail after
Magistrate Connolly. sitting In the New
Jersey avenue court. a declared posi-.
lively that he would not name a bond in
any sum on the charges against Names.
III there is anything wrong. and there
xx--z A. L. ~alsNw enltNanxy xvrnnn
about this case, an Investigation should
be made" declared Magistrate Maurice
c. Connolly, at his homo In Corona, Queens
borough, last night. Connolly Is a Queens
magistrate but sat at the New
jersey avenue u on september IL
and is in the absence Of Magistrate Hylan:
Application for the issuance Of bail
in Mannes's case was made In open our
before me- Magistrate Connolly said.
but the merits Of the case seemed such
to me, that ! decided to let the matter
Of a bond on either charge remain in
the hands Of Magistrate Hylan, before
whom the mar had previously been ar
raigned, when bail had been refused.
Again in my private office the attorney
in the case pleaded urgently that bali
be named. I refused TO name bail in
any sum,
charges. attempted suicide and ~felonious
assault. were handed over to the clerk OF
the court Hyman bayfield,, and they must
have been returned TO the Jail along with
the prisoner. l advised the attorney in
the cas- that II | accepted bail at all l
would do 80 only upon receiving an am
davit from the hospital people that Mrs.
McCabe would certainly recover from her
wounds
When told that Names had been ad-
mitted to bail members OF the family OF
the victim Of the shooting declared that
There is crooked here Mrs.
McCabe's father. DR.. Rosenthal, said he
would search the matter out. $500.
1T is too bad that / was unable TO kill
that man Names when i had him in my
hands in the struggle we had over the
body of my daughter. We suspected that
Names would be admitted to bail, and
more than a week ago i. protested with
Police Capt. Frank against bail being
accepted
There was a stormy scene later in the
and women members Of his family called
there and saw Capt. Frank. Their coun.
eel declared that District Attorney Clarke
OF Kings had already been communicated
with in the matter and would investi-
gate.
When Names, who Is 70 years old,
attacked Mrs. McCabe In her fathers
home DIR. and Mrs. Rosenthal tried TO
protect their daughter. Names shot
at Mrs. Rosenthal and the physician
grappled with him. In the fight a lot
OF furniture in the house was wrecked
and DR.. Rosenthal was badly bruiGed.
Two bullets entered Mrs. McCabe's lungs.
The woman had rone to her fathers