Evening journal., 1921-11-10
new TURN IN
HABEASCORPUS

NConunucd From First page.)
thorities. The court room was we'll
filled. a nimbcr OF city and county
officials being present. such cases
being rare in district court.
When the court opened Mr.. Adair
addressed Judge Morris saying:
Your Honor. before going into the
details OF the habcas corpus pro-
ceedings now before you. am con-
fronted with serious situation
which affects my clients rights.
These will be revealed in an affidavit
which ! will later read. The records
OF the Municipal Court have been
altered since the case was before
Judge Rice. and also since these
proceedings were brought before this
honorable court. This. contend. is
a serious thing. II the court records
cannot be depended upon. on what
can we depend ?''-
Mr.. Adair then read an affidavit
subscribed before Harry c. Mahaffy.
clerk Of the United States Court by
/ Koslowski. In whcih he alleged that
the City Court records in the case
had been altered by the substitution
OF the words "Rule TO show cause. %
! instead OF Proceeding for con-
tempt.
Il am prepared to furnish proof
that the records have been chang
ed Mr.. Adair added.
=. Warren Green. Assistant City
Solicitor. who represented the city
admitted that a change had been
made in the records in order TO rec
tify an irregularity that appeared
He said the change was made nee
essary through clerical error be-
ing made originally. and he added
that he assumed full Responsible,
for IT, Mr. Green said that after
the error in the writ had been dis
covered. ne discussed the matter
with Judge Rice. before whom sim
liar proceedings had been heard in
? the State courts. and as Il was an
error in caption and not in sub
stance. he had ordered the chang,
made.
tf At this point Judge Morris aske,
Mr.. Green II the papers had beel
r changed after the proceedings ha.
! been instituted in the Federal Court
. and Mr.. Green replied in the afirma
- tive. The judge then instructed tn
I bailln to send for United States Dis
I trict Attornes James II. Hughei
= adding that 1t was beyond the juri
diction OF the court.
: Mr.. Adair then opened the habea
/: corpus hearing. saying that sue
cases we're rare In that tribunal. Il
d said that in a similar case heard I
p former Judge Bradford. in whic
n Mr.. Adair had been Interested n
s. court had held that the petition'
Is was assumed TO be illegally detaine
e and Il was up to the State TO prov
e that his detention was legal NJ
j. Green objected, saying that the bun
den Of proof rested on the petitione
It Mr.. Adair said that he was vii
/. ling 10 proceed. but would have
take into consideration the aitere
J.: records The Court ruled that IN
- was permissible but the fact thu
!. they had been altered had no beai
ing on the case at issue
!. The opinion handed down on Tuei
2 day by Judge Rice was then rea
g which showed the erasure referre
to. Mr.. Green explained how IN
g had occurred. saying that the clcr
in taking dictaton at the time
4. the hearing had made the error.
/ Il had 10 stand on il and late
learned Of the error" Mr.. Gree
- added.
t. Arthur c. Gamble. deputy pr
thonotary. was the first witness cal
+: ed by the petitioner He said n
- original writ issued showed signs
being altered. Harry A. Bell, clei
- in the same office. also said that n
y papers had been altered.
8. Mr.. Green offered no objection
3. to these witnesses testimony.
" Mr.. Green then filed a copy OF q
Is bond issued IN the case under da
Of March Is. 1921. which provide
- no surety bond. He explained IN
- the petition recited that Koslows
Z was being Illegally detained, and al
,r that the surety bond order had be-
4. modified since then in that the boz
now calls for surety bond.
Mr.. Green said that insofar as u
first point as to Koslowski beii
committed indefinitely until the a
rearages were paid was concerne
p he was willing for the Court to di
A miss the case granting the prayer
the petitioner, but would ask q