The sun., 1909-02-05
FISCHER CAST OFF
DEMANDED MORE MONEY Az
TER SEPARATION FROM WIFE.
l.asc '. BrOksw, the Father.in.Iaw,
Washed His Hands OF Him ut That
and Told jerome About It-Rearrest

mat ne hao struok ior more money and
that Mr.. Brokaw takes no further in
terest in his son -in-law's affairs came
out in the Supreme Court yesterday.
District Attorney Jerome, who was re-
ssting motion for the attorneys re-
lease on bail. told the Court why he had
heen led to believe that once at liberty
the prisoner would not appePr 10 be
tried for bribing a witness.
The prisoner was before the Court
on a writ OF habeas corpus.
1t came to my knowledge said Mr..
Jerome to Justice Gerard, -and am au.
thori1ed to make this statement without
committing any breach OF confidence,
that Fischer-Hansens ther-in-law, Mr..
Brokaw. a wealthy and much respected
citizen Of this county. and his wife, Mrs.
fischer-Hansen. daughter Of Mr.. Brokay,
we're in treaty with this defendant a. TO
separation between Fischer Hansen
and bis wife.
1t was agreed that this prisoner should
separate from his wife and give her the
custody Of their child and receive GER
tain sum during his own life The evil
denoe against him seemed 10 he Of such
character that it appeared to ME over
whelming and such an agreement having
been made and the prisoners father
n-law being willing to pay mp the 700
bail bond and apparently willing to do
nr pay anything to get rid Of this de-
iendant and provision having been made
Tor his support in foreign parts, il he re-
naned absent from the State for six
months the witnesses for the People
would have disappeared and he could
save returned here with impunity.
While / was deliberating what TO do
Mr. Brokaw telephoned me that the
p'isoner, not content with what he had
" cred to do for him, had made a strike
Cainst him for more money. In fact
% prisoner was relying on his arrest
nd exposure to demand a raise to pre-
'ent disgrace being brought upon an
honorable family and an innocent little |
"hlld. Instead Of going abroad TO live |
o." the money to be provided for him by |
Its father-in-law he was not ashamed |
% strike his wifes family for q raise.
"All this was known to the prisoners g
counsel, and I told Justice Erlanger Of |
in confidence last Saturday on the
Tcvious hearing on writ. Acting upon
hat ! knew l had issued my warrant
tor the rearrest of the prisoner, and
whether that warrant was valid or not
matters little now, as his bail was dis
'farged and he was lodged in the Tombsr
] his revelation came as q counterblast
n the argument Of Alexander Karlin,
Who appeared as cousel for Fischer-Han-
'en before Justice Gerard to ask that
lis client be discharged from custody
M the ground that the District Attorney
rad exceeded his powers in issuing a
warrant for Fischer Hansen after the
after had once been admitted to bail
and that such action was unconstitutional
md in violation Of the bill Of rights.
Nlr Karlin strove in vain to stop Mr..
Jerome after the latter had got started
With his explanatory address to the Court,
pieadng that what the District Attorney
vas saying was irrelevant and scanda-
rlS matter and not At for the ear Of the
'oirt in the present proceeding. Justice
Iersrd interrupted to remark that as he
aid not know what the District Attorney
Vas about to state he could not determine
Nhether or not it was irrelevant or scan
alous, Then Mr.. Jerome went on un-
nndered after a remark that the Court ,
nd ample power to revoke bail il IL saw ,
W at any time, to which Justice Gerard ,
en'led that such was certainly the case.
will not discharge this prisoner on ,
~ mere technicality. you may rest ,
,s,Ired, said the Court q
When the District Attorney had con- I
.1ded his statement he assured the Court !
mat all the facts in it were known to the r
'd'yers for Hansen and that they could
Hs as easily have raised their present !
before Justice Erlanger on
'd,urday as now. He went on TO say
Tie only remedy from Justice Err
tager's order (which committed Fischer
Hansen 10 the Tombs unless he would {
gree to have the testimony OF certain 6
Illnesses taken before trial, and also r
E"d his bail at SIS, ,O0ol would have been
N application for its modification or an
'ppllcationS to Justice Dowling, sitting '
N the Criminal Term, from which the 3
"Tder committing the prisoner after '
as Indictment was originally issued
The power Of the District Attorney 70
Nsne these warrants has been upheld
'II over this State. 1t was given to meet s
st snch emergencies as this"
Mr. karin tried TO argue that the v
iA'rlct Attorney did not understand the 'c
gal situation, and he remarked in his
ici'ement that he was willing TO admit b
12t the District Attorney. acting as a I
lIdlclouS officer instead OF an ex ecutive, '
"a power - issue his warrant
dndlcious" said Mr., Jerome lau Ching. 8
am glad TO know that l am considered
d'clous by my opponent even though
lid act as District Attorney"
Justice Gerard stopped this exchange 4
' pl leasantries by peremptorily dismiss G
hS the writ OF habeas corpus and remand /
ng tIscher-Hansen. who was very glum
trough the whole proceedings. TO the {!
lstody OF the warden OF the Tombs. :
us counsel could not say what their next O
move would be.
Mr. Jerome did not say that Mr.. Brokaw y
' as party to any proposal OF Fischer .
Jansen to get out OF the jurisdiction.
VT only that, being provided with money
or separate maintenance. the prisoner
'ad the opportunity along with the temp A
alton, Some published versions Of what n
'ss said in court led Clifford Hobbs A v