
    The People of the State of New York ex rel. Charles Ray, Appellant, Respondent, v. George W. Benham, as Agent and Warden of State Prison at Auburn, Respondent, Appellant.
   Order affirmed.

All concurred, except Kruse, J., who voted for a modification of the order by requiring the warden to return the relator forthwith to-the custody of the sheriff of the county of Oneida and that judgment be pronounced by the County Court of Oneida county against said relator according to law, as provided by said order.  