Year: 1879

EFFORTS OF HER COUNSEL TO SECURE HER RE-


LEASE FROM JAIL-JUsTICE MORGAN PRO-


NoUNCEs HER BAIL BONDS WORTHLESS


The case of Mrs. Mary s. Hascy. charged with be-
ing Mrs. Mary Schoonmaker who is accused Of mpli-
cation with Lynch, the diamond broker, in con-
spracy to defraud Rogers Fay. Fulton Market fish,
mongers came up for hearing yesterday afternoon
in Supreme Court, Chambers, application for
her discharge from Ludlow Street Jail the
reduction of her bail. The court
was crowded Mrs. Hascy did not appear.
Judge Potter said that owing to the lateuess OF the
hour before the reached-three O'Clock
and his having to hurry away to catch train. he
could give the counsel but fifteen minutes in which
state their case-that is II they desired to present
it then and wait till another day. OF course, if
the case was heard then there would be time for
reading afidavits. but they must trust the Court
to do this at its leisure II wish to present the
case now." said Colonel Spencer. "as I am anxious
that time shall be lost in getting my client out OF
Jail, where she is most unjustly detained. 1prefer
Your Honor should read the affidavits.'


81 have objection to waiving the reading of the
affdavits," said Major Noah, who represented the
District Attorney in the criminal prosecution. also
Rogers Fay, the compliments; IL can state my
case in very few minutes"


$50 can 1 mine." said Colonel Spencer. 81 am not





shall submit to the Court" Colonel Spencer then
stated that he claimed that Mrs. Hascy should be
discharged on the ground of mistaken identity
He stated that she is not Mrs. Schoonmaker and that
she has passed by that name Ii misrepresenta-
ton had been made as to the value OF the diamonds
upon which the plaintiffs advanced their money they
had abundant opportunity to examine them before
paying their money. He contended that as the
case stood there no basis for either crminsl
civil action, inasmuch the parties advancing the
money entered into a usurious agreement. by which
they to receive ten per cent month for the
of their money, and under such agreement they
were liable to Indictment. Inasmuch Mrs. Hascy
suffering from inadequate accommodations
in the Jail and as she had given bail in the civil
suit against her he insisted that entitled to
discharge upon nominal bail. There would be no
which she could be tried, and it would be OUT
rage upon humanity to keep his client locked up
during these three months


WHY SHE SHOULD HELD.


In opposition to the motion Major Noah said he
had athdavits from the complairants and also from
Counsellor John Halleck Drake completely identity
ing Mrs. Hascy as the person who represented her
self as Mary Schoonmaker, also affidavit from
Jail, denying that he had no quarters for female
prisoners and certifying to the fact that
the had occupied and still occupies
the apartments reserved for the Warden and his
family. He stated further that he had an affidavit
from Mr.. Collins, the employer of Mrs. Hascy for
the last eighteen months stating that she absent
from his employ the entire month Of March last
the 18th being the date which the transaction Is
alleged to have taken place at Lynchs office. He
said that the afidavits he would hand up would
show that the had been previously engaged
in similar transactions and at time she swinded
. Catholic priest out OF $4,000.


II shall read oil the papers,, said Judge Potter,
"and only regret that cannot now give you more
time" Counsel on both sides at once passed up
their papers to the Judge. who promised to render
early decision.


CRIMINAL SUIT.


The criminal suit against Mrs. Hascy came up
before Justice Morgan during the day for exam
inaton. Major Noah appeared for the prosecution.
Mr.. Lynch had left his interests i'll the hands of
Counsellor Rowan. but was himself present in
court Mrs. Hascy remained in jail AS soon as
the called Major Noah announced that
he desired adjournment till certain evidence
he engaged in procuring could be adduced.
This proposition acceded to by Justice Morgan.
who fixed the next hearing for Friday. Major Noah
then said that he had the woman arrested on the
warrant of the presiding Justice; but when she
taken to court Justice Murray had fixed her bail ut
$4,000, and accepted one bondsman At this Justice
Morgan asked who had appeared in that capacity?
He told that the ladys employer had and that
he had not qualified in real estate. Oh which the
magistrate broke out with, THAT bond Is not worth
the paper it's wrtton on"


Major Noah took up this admission and urged the
necessity OF having the woman's appearance in
sured.


after her discharge on bail by Justice Murray"
he said, ''she arrested by deputy sheriff and
taken to Ludlow Street Jail. but she may be dis
charged from confinement there at any moment by
legal device, and then will be unable to nd
her."


The Justice admitted this, and detailed court
officer keep the well in hand and arrest Mrs.
Hascy should she be released from the Sheriff GUS
tody by the order Of q civil court.