The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-08-29
AWAITING HIS FATE
How Private Michael TObin Regards
His ''DiShOnorable Discharge"
INTERVIEW WITH THE PRISONER.
Counsel Entertains Hopes Of Getting the
Sentence Commuted

oay, IN Ludlow Street jail, with Prvate MICHAEL Ioon,
who, In June last, convicted the United States
District Court OF numbering follow soldier. whom he
suspected OF improper intimacy with wife. As he
is United States prisoner Warden Watson did not
think that he could permit an Interview without
pass from the Marshas office. but as this document
was readily procurabie the desired privilege was OBJ
lained. When Tobin came into the reception room,
where prisoners are permitted to see visitors his
bearing aud solo erly, but there were bag
gard lines face may partly the result OF
his imprisonment, but which also may DO at
trbuted In great degree to his age, which
il considerably advanced. II was stated
on his trial that he hity flour
years old. and he appears to DO quito this age His
eyes sunken and his hair tnin and well sreaked
with gray. His dress colored shirt and his uni
form trowsers. HIS voice Is particularly gentle, and
his manner quiet and subdued. Indeed, ne seems 10
DO one OF the last men who would be worked up to
decd OF such violence that Of which he stands
v'ctcd ana Tor which ianguisnes In Ludlow
Street jail under sentence OF death.
HOPES
The immediate object oil seeking an interview with
him was see how he Is concerned by the from
Washington that he had been arged
by the AdJutant General from the battalion Of
Ginrers and that seemed doubtful whether President
Hayes would Interfere in his behalf. lie received
news with neither bravado nor tmidity spasm OF
prde just crossed his features at tue words 'dshon
orabIy discharged" but his countenance
usually placid appearance in few seconds. and he
said, quietly
"a don't how they could disch arge dishonor-
ably from the battalion OF engin. J."
Tho reporter explained that that q necessity OF
his conviction and that he had just had interview
with the prisoners lawyer General Foster. who had
pointed out that had The offence OF which he had
haan haon Mt Of mir dia
charge would have heen equally necessity; that, in
fact, could not In tho army and serve A.
the same timo in prison.
He aequisscea IL this view Of the matter. aud the
reporter asked him how ke iet concerning the prob
abio interference OF the President in his behalf.
SWELL" he said, al not ablo to say much on
that point that my lawyer will do all his
power to have my sentence commuted. II that
| the public think It will be commutcd to imprisou-
| ment for number Of years, but can't tell.
| II tho influence of tho people who arc
signing the petition for Oh ould fail then course
will have bear II" (meaning death sentsnool
Thus said without any departure from his usual
quiet Of voice. al undcrstand' he added, after
few seconds pause that the District Attorney has
| consented to a communication OF my sentonce;" but
there ND trace Of citation arising from the moro
sanguins complexion OF his thoughts.
Then the reporter mentioned that In the tntervlew
before prisoner 3 counsel General
Foster had expressed his strong conviction that u
Communication Of his sentence to imprisonment for y
| torn OF years would be procured.
Just there visible deprdssIon OF spirits
when tho prisoner confronted the possibility OF an
igEominious death, 80 the probability that he would
escape the death penalty did not move him in nm op-
| posito direction.
HIS sERvIcE IN TIE ARMY.
10 reply to questions concernng the service which
no had he said that he had boon with General
Scott through the Mexican war, with General Sner-
man from vicksburg up to the peace with General
johnston and that he had boon some Indian Agh
tncn, he added, ut Fort Laramie with Colonel Hon.
| man. md was ordered to JOIN Colonel Sumners CON-
| RKLArrvEs IGNORANT OF HIS rArR
cit has been s,atei," Queried the reporter, "that
you left the old country III 1915 Have yor any rea-
tives living thero nowY"
"a hardly KNOW" he answered; cit is so long since
lett there, and then have not been In the habit
writing believe there is brother VI mine living
this country, but aon't know where he Is"
and have you no relatives who are aware Of your
ri am toi1," he answered, "that there is a daugh-
ter oil mine living In ST Louis VINO has heard OF It,,
bu, am sure tina. point. depended upon q
me since don't know whether he has communicated
| with her"
Again be reiterated his confidence In the determi.
nation OF his lawyer to do everything IN his power
procure n communication Of his and MS readi-
tho interview. BY some OF the prison officials tho
reporter was informed that robin Il exceedingly
likely to have attempted the hfe OF another unless
| under peculiarly exctting circumstances.
wHAr HIS COUNSEL SAYS.
Tho interview which r. porter had with General
Foster the prisoners counsel and the salient pontg
Of which he had communicated 70 tho latter. strongly
Indicated the presumption that the clemency OF tho
| Executive would be exercised In favor OF the unfor-
tunato man. When General Poster was 10 nted out
the inte cncc that the prisoner had been disbonor
ably discharged BY the AdJutant General from his
company OF tho battalion OF engineers, and that It
seemed doubtful now whether tho President would In
| terfcre In his behalf he said -
''You viii SEQ that this doubt as TO tho clement
oil the President is merely predcsted by tho
writer because dishou orable discharse Of The
prisoner IRON the army. IL is merely an Inference
and not necessarily we'll grounded. His 10
| discharge was necessary consequence OF his con-
viction. He had shot and the Adjutant General
could 10 nothing else than discharge him dishonor-
ably. Had he merely been CONVEYED oil picking n
pocket or stealing a hat ms discharge would have
been equally necessity"
case In point which was within tho knowledge of
the writer was then referred 10. young man, who
mcnt Great Britain (tbe Scots Grays) found himself
in New York without money or occupation. In ihis
vice was however, uncongenal to the cavalry SOLDIER
aud he deserted With the aid OF bis old British dis
charge he got enlisted IN the eavsiry, and was APP
pont Cd to cavalry regiment serving West. HIS
service was creditabe, but hts dssertion IRON tho
marines having come 70 tho knowledge OF tho army
authorities he was dishouorabiy discharged mas
much a his enlistment was fraudulent. No other
steps, however, were taken against him to punish
| him Tor hrs dsscriisn from the IN erines
| CHANCES OF coNMUrATIox
Coming back to the mmedialc subject OF his inter-
view the reporter asked General Foster whether no
had been informed concerning proDs action OF
| the President He said that no had not, and that
In tact the papers setting forth fobns
Ing Tor a communication OF his sentence had not yet
been forwarded. "President Hayes" no added, s'has
not vot reviewed the case"
"Is ~ your opinion" asked tho reporter, .that
when tho facts presented The capital sentence viii
be commuied TO Imprisonment tor lieY"
al think" sai General Foster, 'that " will be
mutod not TO imprison for lite, but to prison.
| ment Tor term Of years"