Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1914-07-11
MAN ILLEGALLY
HELD TWO DAYS,
GETS FREEDOM
Duborski, Acquitted by Federal
Court, Victim of Office
Mistake.

Through the efforts of the Evening
Star John Duborski, of New York
city, was released from the county
Jail today. Duborski was acquitted
by jury in the United States Dis
trict Court on Thursday following his
trial on charge of stealing goods
from interstate commerce shipments.
Instead of being released following
his acquittal he was taken to the
county Jail and imprisoned there on
an Essex county indictment hat was
Cancelled June 10. From Thursday
night until noon today, when he was
released through the efforts of the
Evening Star, Duborski was held in
the Jail without cause. If the county
authorities had notified Jail Warden
Richard McGuinness of the cancela-
ton of the county indictment against
Duborski he would not have been
held there. The Star called attention
TO this neglect, and it was through
this source that Duborsk was re-
leased today.
Duborski can not understand Eng
lish very we'll. When the jury re-
turned after his trial Thursday with
verdict of mot guilty" he asked
one of the attendants ''how much he
was to get" Duborski says he was
told he would have to serve two years
in prison. 1t was not until yesterday
that he learned he had been acquit
ted, he said. He was reading The
Star and saw the story there ex-
planning his acquittal. He further
declares that the deputies who took
him to the Jail Thursday night gave
him to understand he had been con-
victed.
Investigated by Evening Star.
A reporter for The Star investi-
gated Duborski's case and then called
ii to the attention of Chief Frederick
Weimer, OF the prosecutors office.
He corroborated the statement of the
reporter and ordered Court Clerk Ar
thur B. Tench to make out a release
for Duborslxi.
The release was given to the re-
porter who took it to the jail. War
den McGuinness refused to accept it,
however, because it had not been de-
livered by court attendant. The
discharge was returned to the sher-
iff's office and served by deputy
sheriff Duborski was then released.
He left the jail accompanied by
reporter for the Evening Star. He
was profuse in his thanks to The
Star and to William j. Dowd. who
assisted the reporter in obtaining Du-
borski's release Attorney Dowd rep
resented Philip D. Elliott, who Sc
cured the acquittal of Duborski.
The acquittal was obtained after
Attorney Elliott had offered to plead
his client non vult to a charge of re
ceiving the stolen goods George M.
Keasby, counsel for the railroad. re-
fused to accept this plea, and insisted
that the case be prosecuted. Mr..
Keasby acted as prosecutor.
Duborski was arrested on April q
by Offlcers Truax and Fischer, of the
Sixth pricincet. A dozen shirts and
twenty pairs of shoes were found In
his possession. A charge of larceny
and breaking and entering was then
lodged against him.
On May 5 Judge JHahn committed
Dubodski to jail to await the action
of the grand jury. Later the grand
jury indicted him on the charges pre-
ferred against him. Following this
Indictment the federal Indictment
was found against him, based on the
same alleged offense which formed
the foundation for the county in
dictment. He was turned over to
the federal authorities for prosecution
on June 10, and the county indictment
against him was nolle pressed at that
time.
Warden McGuiness says he did not
officially know that the county indict-
ment against Duborski had been cam
celed. The Indictment found against
Duborsld BY the county grand jury
was based on the same offense that
the federal Indictment was founded