The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-08-30
Hail for MItncSsrs.

MIi.rOS FIFISCHER. who was "rfnrtu-
nate enough - bc with ham. was re-
uuIrrd nv the coroner To- x ". security
IN the sum If =! 49, for h.- app"araur"
a., a witness u. procured counsel. VI .
was about Ia apply for hl1 r"lcas" IA
hab-as corpus proceedings when hnauv
~ WAS agreed with n repr,-scntativ" If
the District Attorneys u'tiC" that Nr
FIFIsCHFR shos.d bc psIo,-d ln ih"
custody oi his lswver who und"rtnok -
insure his presence a. the examination.
Tn. practice - "f ancient date which
permits q Coroner or other committing
magistrate tn require security for the
appearance ~ witnesses IN criminal
proceedings II has long existed IN
England and was expressly provided
for IN the old Revised statutes 81 this
State the provisions ~ which on thus
subject have been transferred into the
existing code ~ Criminal Procedure.
Thst code provides that upon holding
the defen dant 10 answer the magistrat"
nav take from esch ~ the material
witnesses examined before him on the
part II The people a written undertaking
that he will appear and testify az the
court 10 which the depositions are to I've
sent or that he will forfeit the sum Of
SlGI " - obvious that the order II
the Coroner ~ the Pelham case reDuir-
ing Nr FIFIsCHFR 20 give security IN
rhe sum Of g. ~ could not have been
made under his provision 81 law Look b
ing along. however. In the next section
Of the Code II Criminal Procedure Ne
find the following
when the msgisuar 10 .susted ~ proof %
,sn. nat there 9. reason 20 hsAevs that any sucn
W,tnes. = an srcompHc- In the con1isslon 80 the
rrt-s ch.rEet he n'.y order ne witness 10 enter
luto a Wr.iten undertaking. with such sgrstss
aud IN such sum ss he may deem proper for his
spp,sranc, ., specified 10 tho last section
Here We find authority for exact lnG a
bond in a larger sum than 500 aud II
must have been Under this provision
that the Coroner sctrd,
Where q witness IN a criminal prose
cuiirn is INV Hing tn appear against
the defendant and absents himself from
the jurisdiction. As bv going into
neIghhoring stats" the law provides no
adequate means - enforcing his attend
anre. There are unfortunately many
cases where such a witness prefers 10
forfeit the 500 than io appear Their"
IN no practical dihiCulty IN this country
n following up a criminal who - fugI-
tive from Justice and has fed from the
State IN which he committed tn" Grim"
into another STATE The CONSTITUTION
~ the n,taSi States expressly provides
FOR -.ch cases Even II be runs away
- a foreign country. II ~" ,r,u" -
" Inch ~. - accused d a grave one. There
- little difficulty IN approaching him
We hAv" eItradltlOn treaties covering
the uHsnc. 81 feioniOus homicide with
al ia. ctvilrzci nations Of the world
" to an unwilling wines howe, er
the case : very different II he chooses
Ia go 8WRy and STAY away lie cannot be
arrested IN the foreign jurisdiction and
for'Ibiv brought back Thus ~ witness
of ~" automobile accident ~ Pelham
which resulted ia the d.sih 81 Miss
GRsrF HoU,H could simply proceed
only a shur' di-tgnc" INTO touneCtl"u'.
aud the officers 81 ~" 'aw would hc
I..perlos- 10 bring HIM back INTO New
! OK simply bCcHus" they desired 20
tab. his testimony here II be I'd not
come - his own fire.. viii they could
not legally "A"r,l~. any "pn-rriin' ''run
hlm There q. ~ '"n1tl'.i .'Ual .r'-
vision under which unwilling Witnesses
NAV he brought from one State into
another even ~ the ,as" - the grayest
offences
j. might hc thought 'aucifVl to assume
that witnesses WI voluntarily absent
'he defendant is charged with 30 grave
an offence a. frionluu, homicide. but
the experience If oar courts indicates
otherwise sn' many vcars ago an
ron rnould"r was indicted IN Queens
county FOR a murder committed during
4 STRIKE On the 'rIal IN" evidence for
-he Penpi" utterly al'ad - identify
~. defendant ~ m" man Wa struck
the fatal blow IN" presiding Judge
a-kei the Distrir' Attorney for an "N-
planatIon That officer produced the
Grand Jury minutes hI'h showed that
the defendant had been distinctly den
tined - the person Who stabbed the
deceased by witness who had gwen
testimony before ~" Grand Jury. Ihl-
witness had gone 20 n neighborng state
and had refused 20 come here 10 testify
AZ the request ~ the District ATTORNEY.
to whom he wrote that be knew he was
doing wrong IN staying away. but that
he Saa afraid hn would he killed or IA
iureh nv the defendants friends n he
gave any further evidence against HIM.
and he must prefer his own lie and IN"
welfare ~ his family 10 any other CON
sideration. The case u cour-e ended N
an acQIttal
The Kilkenny ScrimmRE~
The scene 81 tho latest ura'orical
and physical contest between the fol-
l,.,war. 90 NJ WILLIAM u'RRJEN md