New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-12-12
SENTENCED, HYDE GETS
OUT ON $4,000 BAIL
Golf Surprises Defence by
Granting a Certificate OF
Reasonable Doubt.
APPEAL TO BE HURRIED
IF Law Were Clear as Facts
There Gould Be No Doubt
of Defendants Guilt,
SAYS Justice

Justice John w Cor EFT every one
.asuing Yesterday. when. after sentencing
charles II. Hyde. former city Chamoei-
lain to serve from two to three and one
ALI wears in Sing Sing. he turned ABOUT
and granted the defendant a certificate or
feasonable doubt offhand. john b.
stanchfeld. IIyde's lawyer, had prepared
TO move first for a stay OF execution be-
fore Justice Golf. TO appear then before
Justice Mccall i'm Special Term, Part
II. Of the supreme Court. and OBTAIN an
order 10 show cause why his client should
not receive a certificate of reasonaoie
doubt. and i'm day or two TO 80 before
Justice Page, i'm Special Term. Part l. OF
the Supreme Court to debate the motion
with the District Attorney. In the mean
time. of course. Hyde woulo nave re-
NAMED in his three-rOom apartment in
the Tombs.
But Justice Goff obvlated all this. He
not only granted the man convicted OF
receiving a bride a certificate Of reason
able doubt but a stay of execution as
well. placing his bail at $1,000 This was
real Christmas present. and II brought
grin to the face Of the prisoner. which
transformed his entire expression and
which he shared with his friends and
counsel seated about him.
IN go right out and get it, said Hyde
D. S. McElroy Goes Bail.
lie was almost as good as his word
Runners for different surety companies
were on hand anxious 10 go on the bond
OF MAYOR Gaynor's former protege, but
he preferred that some personal friend
have the privilege. 1t was early afternoon
before Daniel s. McElroy. Tax Commits
sioncr. qualified as Hydes bondsman. and
about $3.50 o'clock when Justice Golf APP
proved the bond and Hyde left the Crimi-
nal Courts Building a free man once
again AS the released prisoner descended
the stairway leading from the courtroom
he shook his bondsman heartily by the
hand
Much Obliged. Mac" said ne. His oval
boyish face widened into a smile and
race of moisture appeared ia his eyes
Another mar "a whom re bade goodoy af-
fectionately was William J. Wright. Deputy
Commissioner of Correction, who brought
down a storm of criticism and a grand
Jury investigation upon his head by treat
ae Hyde while in the Tombs as his star
boarder. Wright had spent most of the
Gay with his friend.
With Mr.. Stanchfeld Hyde descended.
then hoped into a limousine and was
driven uptown TO join Mrs. Hyde, whom
he has not seen since the day of his con-
,ction and imprisonment, almost two
weeks ago He will later go to Roslyn,
Long Island. with her
Justice Golf. in explaining his action in
granting the defendant. over whose trial
he had himself presided, a certificate Of
reasonable doubt. said:
Were the law as clear as the facts.
made so by the verdict Of the jury. there
could not justly arise any doubt OF the
defendants guilt, but. from the language
Of the statute and the absence OF au-
thoritv directly in point, questions OF
law are involved which are of sufficient
merit 10 receive that careful considera-
ton and authoritative determination
which an appellate tribunal alone can
give. At common law, the simple prac-
ticc was for the justice presiding at the
trial TO reserve mOOted questions OF law
for the opinion of the judges and mean
while stay the execution of the sentence.
Under the more elaborate system OF our
code procedure, the execution Of sentence
cannot be STAYED. unless-by process of
legal metaphysical justice OF the SUI
preme Court will certify reasonable
doubt that the conviction will stand.
From the arguments of counsel. rs well
a. what has become a settled prdcuce,
IL may be safely assumed that an applica-
ion for such certificate VIII be MADE.
This procedure will necessarily entail both