New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-09-11
NOLAN NEARLY LOST BAIL
Newly Appointed Diplomat Has
Odd Experience in Court.
WALKS OUT; IS REARRESTED
Freed for Examination Tues
day-Brother Says Young
Woman in Case Is 18.

Harry T.. NOlan lne recently SppOlHl''
secretary to the United States Legation
at Panama. who was arrested Monday
charged with abduction. sauntered out OF
the Tombs police court yesterday, think
ing that denunciation Of the District
Attorney made by Magistrate Murphy
had ended his case for the day. Detec-
tivcs who were sent out mad him PACED
at the Waldorf-AStoria and finally got
him bacl; to court in time to save his
Si.O0o bail, which Magistrate Murphy had
declared he would forfeit. He was re-
leased on bail for further examination
Tuesday.
Magistrate Murphy was veXed when
Noian's case was called and no Assistant
District Attorney appeared. He directed
a court attendant to so UP to the Dis
trict Attorneys Office and find one.
If We cannot have a representative Of
the District Attorney in this court said
Magistrate Murphy, Il shall subpoena
Mr.. Whitman and fnd. out the reason
The matter has become a public scan
dial. III the month ] was sitting at the
jefferson Market court 1 hardly saw an
Assistant District Attorney. There are
more assistants now than there Were
when i was in the District Attorney 5
Office and we had no trouble IN handling
the work then. An additional appropria-
ton of $1,000 was recently made, as
understand it. so that there could be
representative Of the District Attorney
in every police court"
Reports on File to Contrary.
REPORTS from the magistrates courts
which are on file in Mr.. Whtman's office
show that assistants have been in all the
police courts all summer, although. owing
10 the number that are on their vacations
their attendance was not so regular as
during the rest of the year. An addi-
tional appropriation of $1,000 was maze,
and one of the uses to which the District
Attorney put the money was to engage
assistants who should look after affairs
in the police courts
Nolan is charged with abductng Marion
McVickar Foster, who was said to be
sixteen years old. She had left her hus-
band of a few weeks. Joseph Foster, ana
was on her way 10 her home in GLASGOW
Scotland, when she met Nolan and went
with him TO the Hotel Aston. He was ar
rested Monday as he was attempting TO
redeem the steamship ticket sent to the
girl by her father. She is at the Flor
ence Crittenton Mission.
Sumner Gerard, counsel for Nolan. had
been pleading with Magistrate Murphy
for delay. When the magistrate finished
his remarks about the District Attorney
both Nolan and his attorney decided that
their request had been granted. They
left the court, no attempt being made 10
stop them.
Presently James B. Reynolds and Louis
Bleler, two Assistant District Attorneys,
rushed into court Magistrate Murphy
suggested that they draw up short
affidavit on which Nolan could be held,
and they went TO the clerks Office to do
il. They returned with the paper, but
found no defendant
Rearrestsd by Telephone.
Magistrate Murphy announced that he
would declare the $1,000 bail forfeited and
when Nolan was resrrested would in
crease the bail to $3.50 Detectives went
10 Mr. Gerard's Office and from there
telephoned TO the Waldorf-Astoria. Mr..
Nolan! Mr. No-lan! was called through
the corridors, and presently Mr.. Nolan
was found, and he went 10 the phone
He was astonished when Informed that
lie would have TO return to court. but he
did so forthwith.
Mr.. Reynolds asked that the bail lie in
creased to $1,000. Mr.. Gerard objected,
saying that the abduction charge would
never hold inasmuch as the young wom-
an WIS married and had accompanied
Nolan of her own accord. Mr.. Reynolds
replied that il made no difference II the
Young woman were married. she was
under eighteen years of age, he said, and
her consent amounted to little in the
eyes of the law. 1t was finally agreed
that for a week at least the bail should
remain at 1900.
Washington, Sept. iO.--Harry z. Nolan,
who was arrested in New York charged
With abduction, was confirmed By the
Senate as secretary Of legation at Pana-
ma on August "a. He was born here, but
was appointed from Illinois, and was or
dered to report for instructions. He failed
TO do so, however, and has not COM
inundated with the State Department.
The government will take no action I'M
I'll the courts pass upon the charges.
Newport News, Va, Sept. M-William
McVickar, brother of the young woman
now held in New York in connection
with the arrest of Nolan, asserts that his
Sister is eighteen years old, instead OF
sixteen.
Joseph Foster her husband. says they
were married on August g. adding that
she was on her way to Scotland to visit
her father, who had sent the money for
her transportation. Foster said he was
'yaiting for word from the police before
deciding 20 go to New York.
Chicago, Sept. 10.-John r. Nolan re-
ceived the following telegram from his
son to-day:
No foundation whatever in charges.
Simnly assisted unfortunate girl. Case
continued for week. Have employed
influential attorney. VINO assures me that
matter will come TO nothing. VIII remain
here until case is dismissed. HARRY.
WED / DAY, ASKS ANNULMENT
Mother of Young Bride Says Consent