New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1884-02-02

Mr. Penney testified that there were no prison lists
after July except IN bail rs the courts were not
| il session during that month after July To-
THE COURT CALENDARS.
Hugh Donnelly, clerk in the Distrct-Attorneys
Office explained the method of preparing the court cal
endars These" he said, are prepared the day be-
fore The prison lists consist Of names OF prisoners That
are to be tried the following day. These are made out
in duplicate and sent to te warden OF 1e toJs' me
captains Of the different parts OF the court go 70 ne
Tombs prisoners. These are officers OF the court ana
NOT attaches of the sheIifs Office The captains take
tie prisoners the Court o. General Sessions, and mana
SrSrs e I from the Tombs to the court or
torneys Office except upon my signature or That OF my
deDufy chief clerk, though occasionally the DlsrlcU
Attorney assistant may sign The court does not
SIT sundays. There was no criminal court In session
in General sessions Oyer and Termner after the 18TH
Of July last until August g."
MR.. wERTHEIMER's LISTS.
Warden Finn of the Tombs also testified at length on
the general subject Of receiving and delivering prisoners
and on matters pertaining to the prison lists He was
followed by Rcden, assistant clerk after which Jacob
Wertheimer was sworn and examined. he was shown a
number OF exhibits which, he said, were made up from
the lists held by the Warden and from the number Of
convictions in the various police courts OF persons under
the care of the Sheriff.
o.-What papers did you have before you when you
made up this fist u had this prison list and then
took the number of prisoners conveyed each day who
O-Why did you head this paper Number Of prisoners
conveyed from the TOmbs TO General Sessions u Al
O-At the top OF tins sheet you have written, Mum
Der of prisoners conveyed from the Tombs TO General
Sessions, ST." AThat is the number OF persons con
yeyed by the Sheriff from to another to the
Court of General Sessions and to the institutions.
Q.-Then you do not mean TO say that on August l.
1883 there were ffty-sx persons conveyed from the
Tonbs Prison TO the Court Of General Sessions Al
Q.-I ind that certain day there were twenty
persons on the prison lists On your return you
gave tie figure as fftyfve. Did the difference between
twentyseyen and fyve represent the prisoners con
vlcted that day and conveyed to the island A-1es
Odd you or did you not believe that the Sheriff act
ualy carried In his van or otherwise on that day prison
ers had been convicted in tho district courts to the
Csc YOU felt Won we're Justified in taking the names
of the persons convicted and sent to the snndl A-Ies
ON addition to the names you got from the prison
list at the Tombs you added the Of prisoners
convicted and the island from district courts
Q-On the 5th ofJuly there were twentynine names
the list You return forty-n4e Were the twenty
additional added TO the list the names OF those
who had been convicted in the different district courts
Ayes sir. think they were conveyed by the Sheriff
o-Ths list is headed. Numbered prisoners conveyed
the Tombs Prisono the Court OF General Sessions
referring to the prison list Of that day II appears there
were twenty-nine conveyed Now ask You whether
the additional twenty; which appear ON TINS exhibit ana
which furnished 10 tue Controller as voucher,
making the total number fortynine, consist OF prisoners
who had been convicted III Tue 9ls1ct courts oteI ,l
Migrants that day and who had been sent to the Pe
Tertiary Ayes. SIT.
Q-And that true to every other case where the
G Ges. SIR ii''' '''' '''-'' -. ~
prisoners conveyed from the Tombs Prison 10 the Court
Of General Sessions - A-That matter or form
forn that had OF making up the papers III that
way.
Mr. Peekham-Did you understand when you entered
that voucher that il be the basis OF bill To he
by the Sheriff Al did mot know what ur-
pose it intended for was told 10 give the number
OF prisoners in the OF the Sheriff.
Odd you have knowledge that lie would be paid
for this service Z Ayes, sir.
QAnd didn't you understand that u was intended Tor
a bill Ayes, Sir
Q. Then did you not that persons reading this
bill and who were 10 pass upon 1t should understand that
it contained a statement OF the number OF persons
yeyed from the TOmbs to the General Sessions 7
No sir meant 10 infer that these all the persons
III tile care OF the sheriff.
Q-Would you not suppose that person reading this
would understand that IL a NJ
OF persons conveyed from Tombs 10 the C;eucrul
sessions Al do not think should suppose they
understood that these were all transferred
EvAsIvE AND UNSATISFACTORY ANSWERS
series OF questions then put by Mr. Miller based
upon the vouchers prepared by the witness under the
same heading and which corresponded in number
stated with the numbers the prison list He was ske6
II he did not believe that upon the several dates men
toned there convictions In the various courts and that
transfers had 10 be made His answers were raiuing
eyasve and contradictory and finally he pleaded elect
Ton his part for the discrepancies. Mr. Miller
instanced twelve OF tns sort TO all OF which the
witness offered the pla At last after the inter-
ventiOn OF Mr. Cochran the shers counsel, the witness
retired in confusion stating before he left the stand
that he add not know anything whatever about the
actual transfer OF prisoners.
William Costello assistant clerk In the Shcrif Office
next examined briefly, when the committee ad-
JOurned 10 10 o'clock to-day.
WERTHEIMER HELD IN $4,000 BAIL
On the evidence before the Assembly Com