The Sentinel=record., 1913-03-30
APPLICATION FOR WRIT OF IA REAs CORPUS IN LITTLE ROCK
 FAILS TO SERVE.
COMMITMENT IS TAKEN OVER
Incident Shows With What Eager ness the Situation Is Being Watch ed by Both the Prosecution
 and Defense.

For few short hours yesterday, there was some doubt as to whether J. H. Ward, alias Bert Sterling, alias The Brass Kid" would be continued in the custody of the state peniten- tiary officials, where he had been sent the day before from the county jail here. or whether he would gain temporary liberty.
 In view of the circumstances under which The Brass Kid' was captured it is taken as most probable that liberty for him for a moment would be getaway" for all time, as it is believed that he would take des- perate' chances to secure freedom. Friday Sheriff Williams appeared before Circuit Judge Gotham hero and after a conference, it was decid- tie Rock, where he would be turned over to the state penitentiary for safe keeping until his case is called here.
 Just why there was particular reason for the removal was not am nounced, but it was presumably on might get out of the county jail the ground tha The Brass Kid through the aid of friends on the outside, and that not alone would be serious. but that there are other prisoners in the county jail at this time on more serious charges who might also escape. After precaution was taken against the escapes of The Brass Kid' en- route, Deputy Wheatley started to Little Rock with his prisoner, who was delivered into the custody of the warden of the state penitentiary: It is evident that counsel for the Kid" were alert and watchful, how ever, for yesterday morning an appli- cation was made in a chancery cour'. in Little Rock for writ of habeas corpus which called for "The Brass Kid" being produced in court imme- aiately, the charge being made that he was illegally held by the warden of the state penitentiary.
 Sure enough, when the circum-
 stances were investigated, the war
 den of the state penitentiary did not
 have a commitment for the prisoner,
 'sThe Brass Kid" merely being deliv-
 cred into his custody without any
 formality.
 The situation probably looked
 doubtful at that time, but through
 long distance telephone notice was
 given here of the movement at Lit
 tie Rock, and Attorney w. H. Martin
 also immediately took up communi-
 cation with Attorney General Moose.
 urging him to take prompt action to
 protect the situation, and Sheriff
 Williams was furnished with com
 mittment by the court here which
 he took to Little Rock on the first
 train, and delivered into the hands
 of the warden of the state peniten-
 tiary.
 Attorney General Moose was in
 fomed by MT. Martin that he would
 be relied upon as the attorney gen.
 eral of the state to take every pre-
 caution to see that the prisoner did not get away under any conditions, and Attorney General Moose answer ed MT, Martin that he would take inf mediate steps. and that he could be relied on to do his duty fully in the matter.
 "The Brass Kid'' Is the man accus- ed of steering Frank P. Fox here when the latter dropped $20,000 in a swindle operation, the accused made good his escape for the time being, but was later captured in Chicago by Burns detectives, and while be- ing held in Chicago to await requi- sition papers, Chicago officers plac- ed some sort of charge against him, and tried to prevent him being brought here.
 Three acquisitions were issued here before one passed the scrutinizing eye of Governor Dunne of Illinois,
 but the last was recognized and then Deputy Sheriff Whealey and Burns
 detectives had to use strategy to pre-
 vent "The Brass Kid" being taken from taem by other service in Chi cago, regarded by them as a subte-- fuge to save him from being brought
 to Hot Springs to be tried here on the
 Fox case.
 Judge T'hurston P. Farmer returned
 from Little Rock last night and stat ed that no application had been made
 for writ of haveas corpus for the
 Brass Kid" though heG had con. ferred with the chancellor on the
 subject. and the action had been
 contemplated.
 Judge Farmer stated that the tech
 nicality of not sending a commit
 mont with ''The Brass Kid" when hs
 was hurriedly transferred to Little
 Rock was observed. and that the legal action of forcing the state to comply