The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-02-14
is innocent; he cursed me through the pipe ard used


said to me, 81 want you to send the back y
e You mean, suppose, the tray upon which the sup
my door Is not open, and had key open il to put
the tray back and he said me- 81 want you to kill
TO Kill the watchman told him, ' you want your tray
back suppose you kill the watchman;o he (Stephens)
the yard looking around; the of the watchmans
coming twelve O'Clock at night. stephens called
very hard four times, but the Waterman did want TO
answer him. he heard Stephens but answer Ste.
phens called again, and, at last, the Waterman asked
was 40 s ySa ss Is ne h
sanchez's cell, because il the keeper it in San
chefs cell the next morning he would think there
something wrong" The Waterman then came TO and
he opened my door, and had blanket on me, having
got OF from the bed and he said TO me Phily want
tray back give 70 Stephens for Stephens wants
back" winked my eye at the watchman, but don't
who ne saw S s BS the e,s
you in the morning. 30 that he did not open stephens
door, but left the tray in the hall by his CELL After this
Stephens called to him through the pipe, and then
| was - down on bed reading.
Il Q. We're there lights in the cel9 A. Yes
Q. Go aud tell what occurredf A. And stephens
said to me- Sanchez you have lost the best chance to
take the watchmAns life and won't have another; but
mems Iives or thew shall take mine. before die in the
repe." He intended to do this, know and he said
TO. be done Monday night He was going 70 do it on
Monday night On Monday morning called the keeper,
Mr.. Cunningham, and sent for Mr. Sutton Mr.. Sutton
about hour after that, and he said to me, 'do
you want to me, Sanchezg told him, will you come
into the cell here, If you please Mr.. Sutton called the
keeper who opened the inside door, and Mr. Sutton came
IN and shut the door after him. and then said to him.
Q. When Mr. Sutton entered your cell, why did you
shut the door after hmg A. So that nobody should hear
what We spoke about.
@ You did that that your conversation should not be
with you your celR what else did you dor A. Iook
the pistol from my pocket, and said to Mr.. Sutton 81
the wachmans Nfe and told Mr.. Sutton Stephens has
another p!sto and Mr. Sutton asked me- you sure
BE said we, where is the place in which he Seps the
pisto for have searched him and cannot find it,
then told him thai Stephens kept y inside Of bis leg
| the pistol
Q. How do you know thas A. he told me so through
Q. That s, Stephens told you so through the ppes A.
O. You handed the pistol to Mr. Sutton, you sayG A.
@ And what did he then do with ip Did he take the
pistol and lock your door, A. Yes.
9. And did he then go into stephens cell2 A. No.
9. Where did Mr. Sutton gos A. That cannot tell
] sent for Mr.. Sutton.
Sutton that you saw the Sheriff and Mr. Sutton come to
Stephens celR A. About two hours Afterwards
standing in my door inside and saw them pass
Q. Did you zee them 60 into Stephens cell? A. Yes,
timer A. heard noise-that stephens was speaking,
but do not know what be said.
After they left did Stephens speak TO you through
O. Well, what did he say9 A. lie said to me- "sanchez.
they have taken everything away from me-the whole
thing; by which understood, pistol, balls caps;
then asked Mr. Sutton to put somewhere ese and Mr.
Sutton put me another tier.
versatonY No. SIR did not see him at ALL Stephens
stated to through Of his communications through
prison and that he had dozen friends round the Tombs
he said that the for having four carriages
nOnac and
tom Of the officers of from them, that they tried TO
follow they could not understand which carriage Stephens
interfere Of the friends readiness would strike the
officer, and at the time reel though he were
drunk and thus distract the attention of the officer from
In response to the following letter, Mr. Sutton the War
den' gave bis statement as annexed y; ~. :, ,o.o
DEAR sRDoubts Having been suggested in relation to
the conduct and statements Of the prisoner (Sanchez
the subject Of the two pistols found his person and
the other that of Stephens in connection with the alleged
intended escape Of the doubts being
the verdict of the jury shosld like from you
full account Of all the particulars within your knowledge
Yours, very respectfully, J. J. ROOSEVELT.
To Mr.. SUTTON. Warden Of the Prison.
STATEMENT OF THE WARDEN.
When entered upon my duties as Warden of the City
Prison first became acquainted with James Stephens.
This was in the month Of January, 1852 have examined
him closely, and have had ample means and opportunities
to test his conduct and character Previous to his first
trial he had spoken TO me Of the influence he possessed
mentioning among other names those of Mr. Stevenson
and Mr. c. c. Leigh. From his demeanor during his trial
he seemed though he coured notorety appearing de-
lighted that large crowd should follow him from the
Sy the keener he bs Ss
first sentence in his with the keepers and
others who visited him. he has asseveraed his innocence
most strongly At the time Of this trial asked him how
he liked the appearance Of the jury, to which he replied
that he liked them very well, that they very
spectacle set of and would justice to the but
after they had found him guilty he in
abuse of them, complained bitterly Of their Partially,
and stated that they had been tempered with by Mr.. Do
remus shortly after the first sentence, when the prison
er was usual transferred 70 the lower tier ordered
the keeper, Mr.. Cunningham, to search his cell and
and put in order for him. had suspected that he has
liquor concealed in his cell from his laxative and
exctabe manner and therefore ordered search to be
instituted. Mr. Cunningham found concealed in his cell
three fiat empty bottles which would contain about pint
Mr. Cunningham that when parties came in TO see Ste
phens he suspected them that they should be searched
directed that two or three parties should be searched
which was done according to my orders and finally on
the Of man who presented himself was dscov
cred fat bottle containing about one pint Of gin this
bottle was 80 fiat that could have been easily passed
through the bars Of the cell Il caused this person to be
committed by the Judge at which stephens very
cry and excited the evening that discharged this
man he admitted that he brought the quantity
of liquor Stephens three times before before
this last bottle was found went into his cell and questioned
him whether he had received any liquor from out
sde the habit of drinking this he most srenu
ousy denied stating that he never drank, that he never
of that kind while prison when searching his cell there
was also found Q razor concealed in bis bed; when
Sheriff Kelly returned him to me- he was very indignant
that his cell had been eearched and stated to that Mr.
Cunningham had taken out Of his cell three walls and
razor; be said he used the TO shave himself WITH
also stating that he had TO be shaved; told
him would see that he shaved; when prisoner is
sentenced would here remark Sentenced to deatn he
IL allowed by the Sheriff better fare than given TO other
prisoners this indulgence used by him TO
induce Sanchez to assist him in his murderous designs
upon his keepers. He was constantly sending for me
from my observation and investigation that they behaved
TO him in the most humane mannerthat they attended
to his wants, dsregarded his rtabies OF temper, and
In all respects treated him with poteness and consdera
ton. In this connection will relate instance Of his
ductTwo had been talking at his celor several
hours Mr.. Cunningham up and told them that the
time had arrived when they must leave the prisoner
@ az WA , very e anu i a ns, MI
main" "whats said Mr.. Cunningham, i'you take the
responsibnty-you, a prisoner" BE was very angry
At being called prisoner, and sent for me.
When entered hs cell after hearing bis complaints told