Mr. Franklin—I ean assure the Court that Capt. Kearny delivered himself into the custody of the Court as' soon as he heard there was a warrant out for his arrest. He is not an able-bodied man..He is 61, and has had the misfortune to lose both legs. If the other able-bodied defendants can be released. on G. $500, I do not see why Capt. Kearny cannot also.:
"Kearny's surrender Was one of those physically voluntary acts and not a mental one," rejoined the District Attorney. With reference to the other defendants in this case, they were very easily apprehended. One of them has three infant children."
After a moment's conversation with Mr. W. Van Buskirk, the Deputy Marshal, who executed the warrant.on Kearny, the Commissioner said, that he would accede to the prosecution's request in the matter of bail, which would be fixed at G. 5.000.
"Kearny cannot possibly raise $5,000," said Mr. Franklin.
The Commissioner ordered a remand until a date to be fixed by arrangement between the prosecution and the defence.
Text read from the printed page and cleaned; old type leaves the occasional error.