The sun., 1909-06-29
NO RELIEF FOR CAPT. KUHNE
JUSTICE KELLY DECIDES THAT
HE MUST STAY IN JAIL.

Says He was Sentenced for Criminal Con.
tempt and That His Particular OFFENCE
II One OF the Most Serious Known In
Government by Law-Remanded Back
Justice Kelly In the Supreme Court in
Brooklyn yesterday remanded to the Ray
mond street Jail acting Captain August
Kuhne of the Brooklyn detective bureau,
who was endeavoring through habeas
corpus proceedings to have himself de-
clared a civil prisoner. Kuhne was i'm
prisoned in the criminal part Of the Jail
following the failure OF his appeal TO be
purged Of contempt in the Jenkins mug
ging" matter. Warden John J. Fallon
refused to treat the policeman as q civil
prisoner. and the writ was obtained In an
effort to force him. The dismissal OF the
writ by Justice Kelly means that Kuhne
must spend thirty days in a common cell
In a written opinion Justice Kelly says
that the relator has been adjudged
guilty OF criminal contempt and TO say
that he is held by civil process violates
every rule Of statutory construction
Rnt the fant that Knhne !s confined s!cIe
in a cell, according to the opinion. en-
whether he is civil or criminal prisoner.
Justice Kelly says In part:
II the relator is In the custody Of the
Sheriff as prisoner rrested in civil cause
he has a right to object to confinement
In room In which prisoners detained "on
q criminal charge or conviction" are kept
On the other hand. II the relator is detained
"on a criminal charge or conviction the
Sheriff Is forbidden to put him In the same
room with prisoners arrested In civil causes
l do not understand that any other person
Ia kept In the relator's room In the jail.
1t is not shown In the petition and 1t was
stated on the argument that he was con-
fined alone in cell. The order adjudgins
directed that he be kept in close custody
in the common OF county Jail of the county
Of Kings for thirty days Concededly he
is In the common jail In the county Of Kings.
and do not see what the Court has to do
with the particular room in which he Is
kept unless the law cited Is violated.
There is a provision In the charter by
which certain rooms In the jail may be
set apart for prisoners under civil proc
ess. Whether these rooms are called
cells or are larger or smaller than the rooms
occupied by criminal prisoners is a matter
Of administration. A prisoner detained
under civil process has no constitutional
or statutory right to hotel accommodation.
However this may be. i think the relator
is not detained by civil process.
In a criminal cause pending In Kings
county q writ of habeas corpus was isued
comma nding the relator to produce the
body OF one jenkins before a Justice Of
the Superior Court. The relator will
fully and contemptuously disobeyed the
command Of the writ. For this offence
against the people Of the State Of New
York, this defiance Of law and contempt
Of the lawful authority Of the courts in
stituted by the people. he has been adjudsed
guilty OF criminal contempt. There is no
need to enlarge on the character OF the
offence. Violation OF the command OF the
writ OF habeas corpus is one Of the most
serious offences known in government by
law. I cannot see upon what theory II
can be asserted that the relator is detained
by civil process.
The writ is dismissed and the prisoner Is
remanded to custody.