The sun., 1912-06-01
FREES TWO AMERICANS
| DESPITE TAFT WARRANT
London Magistrate Discharges
Miller and Motley. Accused
Of Larceny.
REFUSES TO WAIT > DAYS
Holds Federal Warrant. but
New York ExtraditiOn
Papers Are Missing.
Spec,aI robr bcspa'c1 10 Tpr srS

~
Ing the seal Of the United States and the
| signatures of President Taft and Secre-
/ tarv of State Knox in front of him on the
bench in the Bow street police court.
agistrate Curtis Bennett discharged
Clarke 4 Miller and Alfred n. Motley.
! who were wanted in New York to answer
charge of larceny in the amount of
slo).ooo in connection with some patents
The Magistrate discharged the prisoners
on the ground that the necessary papers
mad not arrived although as stated above
ne warrant was in front of him. When
the case came up on May II the Magis-
frate stated that il the papers did not
arrive hv Nav 81 he would discharge the
prisoners This morning the case was
called. He gave the United States until
O'Clock this afternoon TO produce the
papers. } 4. Barrett the LAWYER at
| tached 10 the American embassy. made
efforts TO have the case adjourned for
for'y-sigh' hours. as he had received
| cablegrams to the effect that the State
Department had mailed the necessary
documents on Nav 20 and they undoubt-
"diy would arrive in England tonight or
tomorrow
The Magistrate pointed out. however,
that the case was already in its ninth
week
Detective Flood took the stand for the
purpose of testifying about the DELAY in
the arrival Of the papers which he said
was due to the efforts of the prisoners
American counsel to reopen the case be-
fore Lieut. Gov Conway and have the
extradition auashed
Mr. Barrett said Detective Flood would
show that az the hearing held in Albany
on May - Lieut. Gov Conway had re-
fused TO reopen the case. a. he said Gov
Dix had gone into i, thoroughly He
also stated that MIR Perkins Of the Dis
trict Attorneys Office in New York took
the papers 10 Washington and received
the President warrant which was handed
over to Detective Flood. who with De-
tective Reilly sailed on May - The other
papers had been mailed on Nav 70
: Walter Frampton, counsel for Miller
and Motley. objected to Detective Flood
giving any such testimony. The Mapis-
trate upheld the objection and then "a id
that as the statutory limit had been ex.
ceeded and the papers had not arrived
h. would discharge the prisoners He
pointed out that this would be no bar TO
future proceedings. as a new warran,
could be asked for on the arrival of the
papers. This warrant he would grant
provided prima facie case was made
| on,
Mr. Frampton stated that i, was the
intention OF Motley and Miller TO return
to III" United States IN September to
| prosecute a suit against their present
prosecutors. Meanwhile they would CON
| tlnue III business IN London
| When the prisoners were released thew
were congratulated by a crowd Of friends
! They told the correspondent Of THE Sun
thai they had no doubt that the ultmat q
result of the case in the United States
would be in their favor
| District Attorney Whitman received a
cable Yesterday from Lieut. Barney
! Flood, who left fer London a week ago
last "Wednesday to attend to the extra
| dition Of Alfred n Motley. Jr .'and Clarke
4 Miller. informing the District Attor-
ney Of the London Magistrate's action
| Motley and Miller were arrested in
/ London a, the request of New York au-
thorities after they had been indicted
| on charges ol grand larceny growing
out of "A business deal with William Ott-
man and others Of the United States
Lithograrh Company Ottman charged
the men with obtaining slOO 600 from him
and his associates under false pretences
| I he transaction had to do with the sale
to Ottman and his associates of a new
i, met nod Of engraving Ottman said tha,
Mol hoy and Miller produced plates az
examples Of the worn done by the new
process which as a matter of fac, were
not
, As soon as the cable reached the
| Criminal Courts Building District Attor-
ney Whitman rabled Flood TO await
advices and immediately telegraphed
the news TO the STATE Department az
Washington. He also despar ched As
sisiant District Attorney Charles G..
Mott, Jr. 10 Washington in INQUIRE
, whether the certified copy of the in
dcrments, which Mr.. Whitman had under
stood We're 10 have been sent by the
Stat" Depart m"ni TO the American Am
baSsador in London ten davs ago, were
sent or moi
Although Motley and Miller are now
~ liberty II is the understanding hare
that iher" is nothing TO prevent their
rearrest If the proper papers should
arrive in London later.