The sun. [volume] (New York [N.Y.]) 1833-1916, 1916-03-30
MGRATH May Be
FREED TOMORROW
Justice Scudder TO Decide Re.
garding Certificate Of Rea-
sonable Doubt.
FRIENDS SHOW LOYALTY

i,hn McGrath. Col. Roosevelt's secre-
,,f,. viii certainly stay In the Raymond
street jail until tomorrow. He can't
uoss.b bis get out on pail until a certificate
-, reasonable doubt. which his lawyers
have asked for. is granted. Argument
on their application Is scheduled to be
heard by supreme Court Justice Scudder
tomorrow morning. II the Justice finds
tina, the questions set before him are
simple he will probably make known
his decision at once. otherwise he may
have TO give several days to the problem.
II the certificate Is issued McCirath
viii a, once be set free on bail. pending
A decision by the Appellate Division OF
the supreme Court as to whether he
deserves a new trial. II the certificate
: withheld he will be transferred to
the workhouse on Blackwell's Island to
serve the rest Of his thirty day sentence
for assault unless his attorneys can
ind some other way Of getting him back
into the sunlight.
Robert II. Elder. the lawyer and Pro-
s~ressive. brought into the case at the
suggestion OF Col. Roosevelt. and John
! Halpin of Bowers 4 Sands, the at
iorney Of record. are confident that the
,attificate will be granted and that there
viii be a new trial.
Nj. iialpin got from Justice Stapleton
late on Tuesday night an order to show
cause why a certificate OF reasonable
doubt should not be issued. In the r'e0-
.ral courts this would lave enabled Nc
Gra,h TO get out or bail at once. The
state courts. however. have a different
sys'en. A precedent established in the
case Of Abe Hummel stands In the way
@. Col Roosevelt's secretary.
When Iuminel In 1908 Was con-
vic,ed ~ conspiracy in the Dodge-Morse
divorce tanclc he got a show cause
order and Justice Woodward set him
free In $4,000 bail. District Attorney
Jerome. contending that the Justice had
needed his power. had Nummel re-
arrested and returned to a cell. The
Court Of Appeals upheld jerome. ruling
that between the time a prisoner is SELL
fenced and the moment he gets n GER
,iaca.e Of reasonable doubt he must stay
~ Jail. So in that respect the only ef-
fAct Of the show cause order that Mr..
Ha'pin got IN Tuesday night. although
technically operating as a stay OF SEN
fence. was 10 prevent McGrath being
;aken from Raymond street jail TO the
workhouse.
In the petition which caused Justice
: APPLETON 10 grant the order Mr.. Hal
pin and Mr.. Elder gave four principal
reasons for demanding a ned trial. First,
'7ey sad that McGrath was entitled TO
= Jury trial and that the authorities
violated his constitutional rights ny TAX
ing him before Special Sessions. Sec
ord they contendcd that the Special
Sessions Justices erred in excluding evil
dence indicating hostility and bias on
the part OF Charles Lishte. Jr.. the COM
r%lainant. and Of Mrs Lighte. This evil
dence would have shown. the lawyers
said. that after the I.igh'es made the
charge Of assault against McGrath and
his cousin. William Powers. they went
into "a public place" with male COM
panions. who. encouraged by Mrs. Lighte
and using a cane lent by Mr.. Lighte.
gave Mr.. Powers a beating.
The third assertion made by the TWO
lawyers is that the court refused to al
low The Iightes to he cross-examined
as to their exact relations. and that on a
previous occasion Mr.. L.lshte and his
We differed as to the city in which they
we're married. Fourth. the petition says
hat the court should have permitted
Mr.. Halpin TO cross.eNamine Mrs. I.ighte
A. 10 whether she assaulted a taXicab
driver In 1913. Such testimony. says the
petition. would have tended TO show
whether Mrs. L!ghte was OF a quarrel
some disposition and given to violent
ou,hursts. and would have a bearing on
the IDENTITY Of the real aggressor in the
assault OF which Powers and McGrath
stand convicted.
McGrath would see only Ave visitors
Yesterday. They were Mr.. Halpin. a
business representative. an uncle. an
aunt and Rurdette @. Lewis. Commits
soue- OF Correction. lie told Mr.. Lewis
10 wanted no special favors and didn't
var' 20 talk about his case.
Meanwhile McGrath's Progressive
r ""ds. convinced at las: that IL was
r'a' their MAC" who langulshed in
Mo Kings county Jail were giving cx-
'Tcss.on Ia their LOYALTY. This state
men' was signed by state Chairman
Water \ Johnson. National Treasurer
F. y Hooker. William Hamlin Childs.
-" Brooklyn leader; william Hard.
i"Nn G'ries and John NJ. Stricken.
As sincerity and manhood and honor
able conduct are what we have long
found IN John Mct;rath we wish to
state jus' at this time our belief in him.
We know him to he incapable OF any n
.u'vulrous act"
f"oig" W. Perkins dictated this:
Al II u at Progressive headuua rters
''el perfectly satisfied that in some way.
som'how. . grave mistake has occurred
and that this VIII be rectified ms soon
49, 'he matter can he brought ur on
arpeal McGrath's host Of friends will
10 everything they can to see that the
natter l. PROPERLY cleared up
Yr .2.--