
    The People of the State of New York ex rel. John Jacques, Respondent, v. Michael J. Flaherty, as Sheriff of Kings County, Appellant.
    
      People ex rel. Jacques v. Flaherty, 122 App. Div. 878, affirmed.
    (Argued February 18, 1908;
    decided March 3, 1908.)
    Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 5, 1907, which affirmed an order of Special Term sustaining writs of habeas corpus and certiorari and directing that the relator be discharged from custody.
    
      John F. Clarke, District Attorney (Peter P. Smith of counsel), for appellant.
    
      Meier Steinbrink for respondent.
   Order affirmed, with costs; no opinion.

Concur: Gray, Haight, Yann, Werner, Willard Bartlett and Hiscock, JJ. Dissenting: Cullen, Ch. J.  