The sun. [volume] (New York [N.Y.]) 1833-1916, 1875-09-02
FREEING TIE CRIMINALS.
JyrESTTG 1TTNG THE DTSTRICT At
TORNETIS OFFICE.

charge OF n Thtct ON MS way 10 sing sing
The Assembly committee resumed yes
terdy their inquiry into the causes OF the in-
crease u crime. Oficer Daniel j. Pagan Of the
Delaney street police saw three men irving to
,rc,k into the store at Grand and Madison
streets on the morning OF Dec. 4, 1873 He ar
rested two Of them. They were identified rs
James Price and william Sweeny. The third
man was Patrick Qun. All Of them were in.
dicted, and Price and Sweeny pleaded guilty,
and were sent to Sing Sing Prison for three aud
ahalf years Quin was not tried. Some months
ufterward Quin was arrested by Ofncer Dixon
Tor robblng man In Grand street. The witness
then renewed the complaint that no made at
the time Of the former arrest. But since then
he had never heard OF tho case. lie did not
know whether It had been tried lie had never
been served with subuUna. Quin Is In the
city. but witness did not know how or why he
vas DISCHARGED Mr.. Moses =. Clark. chief clerk
g. the District Attorney, was then called Mr.
Townsend showed by the papers 10 the Ease r
TO- 1874, ana discharged on Feb, D. $50; On the
back Of the comri int was written ms prs
oncr may he discharged hv Court. WITNESSES
"a case cannot 6e found Ss iil nS iaJ , A.
the District Attorney messenger had made
aflidayit that he could not mud The witnesses.
he knew Of no other reason why gum was
discharged.
PRACTICES OF THE DISTRICT ATTORNEY.
"Is II the practice in your once to discharge
aprsoner. II. after one cffort YOU fail to mud
witnesses Z" inquired MIR. Dcssar.
SO. sir. l don't know that 1t is replied the
witness.
have examined the records for previous indiCt-
ments against hum asked Mr. townsend.
The witness having reolied in the negative
MI Townsend asked whose duty II was TO md
ont whether there were previous indictments
against prisoners about TO be discharged from
custody.
suppose that Ia my duty" replied Mr..
CLARK. ,,...
scented to Quns discharge that there was an
other Indictment against himf' inquired Mr.
Z Townsend.
II didnt know Of any," answered Mr.. Clark.
" Did YOU look for anyf'
IL think tna! l did. That is my practice in
" Aud YOU did not nnd an indictment for rob-
berry against Price, Sweenv, aud Quiny'
The witness having answered IN the negative,
Mr. Townsend showed him paper. aud asked
whether u was not that Indictment. lhe wit
ness said that II was the Indictment, but added,
"that paper belongs In the clerks Office
AZ this, Mr. Townsend asked whether a cory
should not have boon ON nle in the District At
torney's office. Tue witness said that II should
be there. out no had never seen 1t. There were
60 many cases In the District Attorneys ONCE
that the papers might sometimes be mlslad.
THE MCCARTHY MURDER.
Mrs. Caroline Mccarthy was tho widow Of
Mich eel Mccarthy, VINO was killed by Michael
Cunningham. She lived last spring over Me-
kenna Dunys liquor store at forty-third
street and sixth avenue. In the afternoon Of
the 3lst day Of last March said Mrs. Met arthy,
AS was about tn 20 down stairs to cali my
husband to dinner, ! saw a man covered with
flood come out OF Nckenna Dunys barroom.
As he approached saw that It was my nus
hand. ON. Michael" said /. what have they
done To- vour lie replied, Mike Cunningham
las killed me- Cunningham was Dufy's bar
tender. My husband then went h. ck to the bar
room | asked tue men VINO were there To 90
for doctor. But nobody went until | had beg
gcd them on my knees. washed my husband
face aud neck, aud then With assistance Got
him upstairs. Soon afterward Dr. Furman
dressed his wounds. On that evening Cunning
ham entered the room where my nusoand Iav
I.lnuAn e. IN a. a A
sad, he man who Gid this ought to be punish
sa c ~ IN said / dd u. what re YOU
ham OUT Of the room In an adj dining room ne
swore and said excitedly, Nus aicCNthv, If
you are a widow and your child u AN orphan to-
morrow morning. II Is tnat made you 50, Tor
Killed your husband J
MURDER IN IHE FIRST DEGREE.
Cunningham was arrested ON Sunday. April T.
and discharged on t2UJ bail. After her nus
itnd a. id, MRS. Mccarthy and Mr.. O'nwNer. ucr
counsel, called on District Attorney Phelps ana
told INN the cts "a the case. The District At
torncy said mat it was assertions case, aud PROM
ised ~ give ii all the attention that it required
Sine gave him the names Of witnesses. After
Cunningham hid been indicted Tor mur Ter ia
the fist degree, Detective Fields visited Ter and
told her to send word To the District Attorney IS
,fIce ~ soon as she saw Cunuiugh. IN. She saw
Cunningham a few days alterwald, and had INN
Mccarthy, with MIR. John ID. Tow nseud called On
the Dis,rlct Attorney Mr.. Townsend asked the
rhi"t clerk to put MS name Vp tue papers and
let uIm know wueu the trial was to begin. Mi.
Townsend .l,o agreed TO see that the witnesses
ised To- DO what Mr., uwnsend requested. About
Awtek atterwatd, Mre. ~ &c arthy read IA news
pnuer that Cunningham mad been tricd and
acquitted. Sne aiter~ard learned that the case
was tned Tor tue people oy Assistant District
Attorney George w. Lyon
Nj. Millam II. O'Dwyer. Mrs. McCarthys
counsel corroburated ncr story Of the visits to
Tie District Attorney; lie said, further that
rested. he ma Mrs. Mccarthy called Oh Assist
ant District Attorney Nolan,
THE CASTLE GARDEN LAWYER;
that he asked Mr. Nolan to take Mrs. McCarthy's
deposition, and gave him tue names Of witness
e. and that Nj. Moan tod Mrs. Mccarthy tuat
her husband WAS Killed thro lgh his own fault
and that 10 Went uclind Mchenna's bar and
took dunk Mr. O'Dwyer Thought from MIR.
Nol ~ thA that his syup'thies were with Gun
nlneham
Sir. townsend, at this point showed by the
minutes Of the trial tnat Mr.. Lyon tired the case
that four witnesses for the people were *
amiurd and that the jury, without leaving their
seats. acquitted the prisoner. lie also read tue
10y Mr. theodore Aun, assistant counsel TO
Tie committee, Mr.. Townsend proved that not
one Of tho Witnesses whom he had n imed could
TESTIFY e Their own knowledge. either at the IN
Qu"s orr Cunhinrhdms trial that Mccarthy
was dead Dr had died from the wounds inflicted
~ Cunningham. by tue Coroner minutes MIR.
1own.cnd showed that Deputy CORNER Cush-
man was The only witness who testified that
Cause uf h. death and by the minutes OF the
Old not testify on the trial 90 Cunningham.
ANOTHER CRIMINAL TURNED LOOSE.
Deputy sheriff Patrick CouIulin testified that
q was the duty OF sell ana deputy suerin
Day to t.NeprisOners to sing Sing Prison. they
Visit the IDmb5 every day, ana having examined
the commitments report them to Suefin Conner.
lie directs ~ u the number Of Prisoners that
they s',ul take to the prison. Last winter the
witness saw VA the tumbs the commitment Of
Robert T.. Williams H. took several p l-oncrs
g. slug Sing On that day; bat no the request Of
NJ. DENNY clerk m the District Attorney
once, ne let Williams remain IN the iOmps \ lew
dave a'terwarl he asked fiT the coumitinD nt,
aud was told by James Finn, a keeper IN the
Iombs, that IL had been taken away, and that
Williams had been discharged.
Mr.. FINN testified that he gave the commit
ment to "a court Officer who called for IT,
Mr.. iown5e d showed bV tue D pers in the
case That Williams was indicted on Jan. H. 1915,
Tor grand larceny, that be peaded guilty OF an
stteppt 10 commit grand larceny and was
sentenced To stay prison for two years aud six
months ANA tht subsequently, on motion OF
ASSIST nj District Attorn Russell, Recorder
ii ckrtt ordered that the judgment be iuden-
Dltcly postponed anu the prisoner hc DISCHARGED.
Mr. John O. Mott and D.. +. orr mo- l.. Stewart,
counsel tor Radenacher ana Low Aaron, re-
spcctyely, both contTduicted Assistant District
Attorney Russeil's assertion before the commit
tee, that ho consenied % the discharge II the
D.. m i rIn's case, on their repre- scntatiOn
hat Aaron was dead. Both witnesses have ueen
Distdrt Attorneys, but neither Of them ever
M. . IA ,,.i.t hail 4 =.