The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-06-26
PRISONER DE BERG'S STORY.
THE FEES THAT WE'RE CHARGED HIM
IN THE SHERIFF,S OFFICE

seription OF Prison Fsre-Leary's Privileges
The investigation into the charges against
Bheriff Reilly was reopened before George
william Curtis yesterday in the Supreme Court
room. directly over the Sheriff's office. J. T.
Ireland's examination. continued oil day Tues
day. was concluded yesterday. When pris-
oner In Ludlow street jail he had seen Deputy
Warden Fitzsmmons drunk. but by drunk he
did not mean that Fitzsmmons staggered. Fltz-
simmons acted silly. and was in the dining
room In an evening in December last whom he
did stagger. He was drinking liquor at the ia
bic and attending to target at which men we're
shooting with darts blown through tube. Ftz-
simmonss general conduct that day was that OF
drunken man. Between the rounds Of shoot
Ing Mt the target the contestants had rounds Of
drinks Mr. Ireland had also seen Fitzsimmons
waking unsteadily out OF Red Leary's cell one
day and 20 into the barroom. II he Ind said in
bis testimony that he had seen Keeper Roiy
drunk In the prison. ho did not mean It, He had
simply seen the keeper drink The witness had
himself. he said. drank whiskey In the prison
three or four times. He sometimes drank whis-
key but drank good deal moro water than
whlskoy. He had seen McGovern so drunk that
he couldn't walk straight. On the afternoon Of
the day when he was locked up, he saw Me-
Govern drunk in the corridor. in a state OF semi
stupefaction. Tho witness was asked repeat
eddy by Counsellor Larocque to specify some
thing that he observed in McGovern's conduct
that led him to think that McGovern was drunk
The witness replied vaguely. and confessed
that he could not describe anything particular
that led him to tho conclusion.
Ireland was questioned Mt length in relation
10 the number OF times he had been arrested.
DC. with view to hereafter impeaching his
testimony
In the afternoon Sheriff Reilly was one Of the
Spectators. sitting at the elbow Of his lawyer.
Mr. Larocque. 1t was an hour after the hour set
for reassem0ling before the proceedings were
reopened. because a witness was to DO brought
from Ludlow street jail and the Sheriff
had TO 20 through lot Of red tape bust
mess before he could get the prisoner out
NJ. julius f. De Berg. prisoner in
Ludlow street jail. climbed to the witness
SSh na4 he ~, ma Z bald head, prominent fore
Counsellor knoN's examination hctestifled that
he formerly lived NJ 253 West Twentieth street.
and that he was arrested on Doc 10 last on
clyil process by man named McQuade, and
taken TO the Shorifr's office.
lhen Counscilors Lnrocque. for tho Sheriff.
and Bush. for the prosecution. argued whether
the charge that Illegal fees had been cNncted by
the ShsriTs officials could be suhstantiated by
cases not mrntioned in tho printed list OF
charges. pc jerg's was a casa in point. The
referee ruled that The taking Of testimony was
not 70 be governed by such restrictions as pre-
vail in common law courts or in courts martial
III was moi necessary To specify instances in the
written charges. but instances may be intro
dueed by evidence OF witnesses.
,, Ihen TIE witness, resgmne testified that
bond. with the names Of Miss Ann Strcng and
Theodore Klug. to Major Quincy and Deputy
McGonigle. the two hitter went into another
room for minute and then returned Either
Mcuonlgle Or Mayor Quincy said, " We can't
ACCEPT s In your hopd. Then Mr. De Berg sent for
tation with Mcssrs. Quincy and McGonigle il
was agreed that De Berg should deposit 81 900
atl.OQQ government bond. which was accepted
Alter AIR. Newman had gone away the witness
continued, he was asked by either Mr. McGon-
lsle or Mal.r = lincy whether Mr.. Newman had
not Gt i9l a. nm that tbs thing" would cost
nothing Of the kini Tb"n he was tDId i'm II
would cost HIM $50 This was understood. his
lni9rmants SAID. between Counsellor Newman
and themselves. Mr.. De Berg sent FOR Mr. New
man; but he Ind gone from his Office Then
Mr.. De Berg told the officers that II it was
do so, check on the Nassau 1S Bank q wT %as
brought 10 him by either Mr. McGonige or by
out and the words Nav YorK National were
writer written oyer It II was made out for $50 and
signed 10y MT Mug. The check was shown in
OF MAJOR Quincy and Of " Theodore Arnold"
Who Mr.. Arnold was, Mr. De Berg did not Know.
me witness added ON this point that he had
check. that he be Berg had paid the deputy
and asked Il less than $50 would not therefore
De acceptable. No. MAJOR Quincy had re-
plleu. / m acting under orders from the
Sheriff" Four days .aiterward. MIR. De Berg
said, lie gave himself up. the bond for 81 900
was returned 10 Mr. klug, and the witness was
taken 10 Ludlow street iail. where he had been
ever since confined.
Then the witness with fuency related tho
domestic history of his Jail life and was so
ready Ia advancing theories and suppositions
OF his own in regard 70 the conduct OF The
was on his feet continually in objecttug Ia
the volubllity Of the witness First Mr. De
Berg said he was asked by Deputy Warden
n hn .s,,p
not support himself. The witness wouldn't
at sl5 week. So the affidavit WAS torn ~ hy
Fitzsmmons. As n boarder he had the run OF
the entire prison from Dec, II 10 Jan, A. Tho
the walls but that WAS what he received Tor as
week. Besides. he could hathe in the BAN
stay ont Of his cell uutll l0!s r. NJ. now he must
be locked ~ At 81 p. VI; lie used TO got wits
boarding. but now he couldn't get either even
for medicine. After he had decided to not give
10 week any longer he was put in a cell
IN the upper tier and was refused
food once Tor SO hours. Now he was
formerly he could Sleep rs late as he easeJ
His fellow prisoners had been locked in their
cells. because they did not get up and get out Of
them when the keeper cnme round. unlocked
tho bolts. and set back the doors with a
slam. Keepers had tod him that he would be
locked IN IA that way II he did not get out-and he
got out. As boarder. he could see friends in
DIS cell ut any time. but. rs common prisoner
~ VI L NJ.
When boarding. he received liquors from out
side Of the jail whenever he wanted any but
when made common prisoner. he obtained
lIuor ,surreptitiously. Once. II bottle was
smugglsd in to him with some bedding. As 10
the condition OF his cell. it was So dirty at first
that II had made him sick He had engaged
one OF the prisoners to clean his cell. and now
II WINS habitat e.
The fare for common prisoners was described
briefly; Breakinst Sc0rched bread and poor
cons9; ana for tea, decOction having n slight
taste OF ten, but With which he had to use con
denSed milk OF his own procuring before he
could drink Of H. Dinner on Sunday: Two
slices Of corned beef. each three inches wide
and live or six inches long and two or three
potatoes. The corned beefwas usually not flt TO
cat and there WIS not enough Of il.
On Monday dinner was barley SOUP in the
samo dish with apiece OF beef; on Tuesday
beam SOUP. with pork floating In the dish on
Wednesday, pointo stew with scraps Of meat
all thickened with -four gravy; on Thursday
corned beef and potatoes on Friday, fish thatn
human being could hardly eat.
MT DE Berg WINS not acquainted with Red
Leary he said hut saw IeHry from morning
until night drinking at the bar. lOungng in the
corridor near the bnrroOm. or enjoying the So
coty Of visitors. Women visitors wers ire
Quent. In hs cell Leary sang obscene songs on
Sunday. "a which ho WAS joined 10y the voices OF