Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1915-10-21
JUDGE STONE" AGAIN
BATTLES IN FEDERAL
COURT FOR FREEDOM
Frank S. Marin, of Storey Cot
ton Swindle Fame, Contends
That Government Has No
Right to Jail Him
TINE ALL DONE, HE SAYS

Prank c. Marin. the Judge Franklin
Stone" OF expensive memory TO the vic
tins OF the great 100000 story cotton
swindle. went before Judge Dickinson. in
the United States District Court today.
armed with a battery OF technical legal
points. in an effort to avoid serving four
years in the Eastern Penltentiary.
Summed up. Marrin's contentious are
that TO lodge him In Jail here would force
him 10 violation OF his New York
parole; that the parole certificate was
not made out In conformity with the laws
OF New York. and that the Government
waived its right to punish him by not
asserting its prior claim in 1908, when
ne was convicted in Brooklyn of swind-
ling an old woman out of $4,000.
In addition to this, he contends that in
the eye of the law he has served his
sentence for the Storey Cotton Swindle.
because mo ministerial officers could
suspend the running of the sentence Of
the Federal Court"
Marrin's contention about parole viola
tion is contested by the Government
authorities. They point out that the
paper provides that Marin is to be re-
leased upon parole at the discretion Of
the agent and warden OF Auburn Prison
after September 9. 1915 to be turned over
TO the United States authorities to answer
charges against him, and then to George
ID. Motfitt Bush Terminal, Brooklyn,
N. ""
II is in this connection that Marin
makes his second point. that the parole
certificate did not comply with the New
York law. AS assistant to the clerk in
Auburn prison. Marin was well versed
In the form of parole certificates. Mar
rim says he signed the parole certificate
with the understanding that he was to
be turned over at once to Moffitt, instead
OF being sent to this city. He contends
that he did not read the paper.
When Marin was awaiting sentence for
the swindling charge in Brooklyn, and
again Just after he started to serve
time for that, he made efforts to have
himself returned to the jurisdiction of
the Federal authorities here. Both at
tempts failed. In each instance the Gov
eminent failed to Join in his action, and
thereby he contends, II waived all right
10 punish him for his part in the Storey
cotton swindle.
Lawyers are intensely interested in the
case today. Marin was expected to
make a fight. but 1t was not expected
to be so apparently we'll grounded. Judge
Dickinson took up the case September
~ but declined to plake IA decision until
he had before him the records of the Mar
r1n cases both in the Federai courts of
this city and the state courts ~OL New
York He now has these records There
also is a supplemental writ of habeas
corpus upon which Judge Dickinson will
decide today.
A dramatic recital of his Jail experiences
was given by Marin when he took the
witness stand before Judge Dickinson.
The objection of Assistant United States
District Attorney Hall was overruled by
the court to permit Marin to testify.
Legal points in the case will be argued at
~ O'Clock this afternoon. The court ad-
-urned after the attorneys had submit
ted briefs in which all the court proceed
ings against Marin here and elsewhere
are reviewed