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AN ATTORNEYS SCHEME THAT FAILS Lawyer Elperin Tries for a Test Case by Habeas Corpus tut Overlooks a Point New York July 2 George ouglas and William Ellis out of the twentyfour men recently arrested at Brighton Beach for alleged violation of the anti betting law and who have been out on bail ever since were willing to be surrendered and go to jail in the Adams police court this morning in order that writs of habeas corpus might be obtained and a test case before a Supreme Court justice be heard The attorney for the defendants had asked for an immediate hearing This had been denied and a postponement of a week ordered orderedAttorney Attorney Eilperin hurried off to get his writs of habeas corpus signed He found Justice Scudder who issued them in the cases of Douglas and Ellis making them returnable forthwith The argument was set for 2 oclock Eilpcrius contention is that all twentyfour prisoners are unlawfully detained At the arguments of the writs Douglas and Ellis were produced in court before Justice Scudder Mr Elder at once raised u technical point declaring that the bondsmen had not surrendered their men in compliance with section 50 of the code of crim Inal procedure which requires a certified copy of a bond to be produced before the court before the bail can bo canceled canceledTin Tin bonds are still in force argued Mr Elder and I can see no reason why these men should not go at liberty The merits of the case against them in the police court is not before this court courtAttorney Attorney Eilperin argued the merits of the case at length but Justice Scudder quickly decided that Mr Elders position was correct correctThese These men are out on ball and there is no case for saidThe the jurisdiction of this court he said The writs were accordingly quashed Tills set Douglas and Ellis at liberty aud Ixnvled out of court the test cases which Attornes Eilperin sought to bring up upThe The grand jury got to work early on the race track cases today The first witness was Orlando Jones Ixwkmaker who has been a witness before He stayed in the grand jury room about fifteen min ¬ utes Joe Vendig another bookmaker went to Mr Elder today and asked that be be allowed to appear before the grand jury Mr Elder has not decided whether or not ho will let him go in and tellhls story
