New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-01-12
WHAT IF WALSH KICKS HOWEf
WILL THE BIG LAWYER HIT THE WARDEN :
CENTRE-sT. ADJECTIvEs USED IN Mn. FELLowss
oFFICE--THE LIE" EXCHANGED.

CENTRE-sT. ADJECTIvEs USED IN Mr.. FELLowss
orFIcE--THE LIE" EXCHANGED
Warden Walsh and w. F. Howe, the criminal
lawyer who has q far greater amount Of flesh than
the Warden, despite the latters distinctive
title of Fatty" had an alteration yes
tcrdsy which did not end in blood
shed, because tho puglistic Tenderness
which have sometimes led Walsh into difficulties
were restrained for the occasion What he would
have done If he had been younger and not an
oflice-hoder more than of his former opponents
can testify. The lawyer in spite of his greater
weight had little experience and his uis friends
congratulated him yesterday ON his escape
The controversy out Of the report that
Dan" DriscoU had planned to attack the warden
with knife. Drscoll denied on Monday that
he had any knife and Mr.. Howe who is DriscolPs
counsel seemed to believe Drseolls statement.
The lawyer heard yesterday that the Warden had
threatened TO kick him out of the Tombs. The
Warden was at the District Attorneys
Office when the lawyer entered the build
ing. The greeting was not cordial
Il hear" said Mr.. Howe, that you told Mr.
Moss of my office that you would kick me out of
the Tombs if / went there
Il heard that you said that 1 was a liar if
said that Driscol had knife to kill me-" said
the Warden Then there was a mingled cry OF
You'll kick out" and I'm liar, am II
for few minutes until the two
elderly and OverstOut men lost some OF thelr
anger. The Warden explained that If any man
insulted him he would kick him out of the Tombs,
and Mr.. Howe explained that not he but Driscol
had said that the Warden lied If he said that
knife had been concealed by him. Having salts
fed each other that the original remarks were
made in Piclwiclsan SENSE the impending
carnival of bloodshed' was averted
APPEALING To A SISTER OF CHARITY.
To prove that he told no untruth the Warden
TO thp
Attorneys Office and she explained to Mr. Fellows
how she had obtained the knife from Driscou
after Edward Mosley, the colored prisoner, had
given information about the plan TO kill the
Warden. Moscy was also taken to the District
Attorneys office. He was sentenced few days
ago to imprisonment for year for stealing
chickens. His term of imprisonment in the Penc-
tentiary had not begun, and yesterday District
Attorney Fellows asked that clemency might be
shown to Mosley on the ground that he " dis-
covered conspiracy upon the part OF Daniel
Driscoll now awaiting execution, to kill the
Warden OF the City Prison by means OF KNIFE
sIrrcptitiouSly received and concealed upon MS
person This information he conveyed at once
TO the Warden, and on this information alone
the weapon was secured and the crime prevented
Colonel Fellows thought that If the disclosure
had been delayed even for the space OF few
hours il might have resulted fatally On the
District Attorneys recommendation Judge 6lldcr-
sleeve suspended sentence and MOsey was re-
leased. Carrie wilson. thc NllncsS Ill I,Ts'oiI >
case, on whose alleged confession Of perjury Mr.
Howe applied for new trial OF the Drlscoll case,
was taken TO the District-AttOneyS Office ycster-
dav by several detectives. She denied that she
had said that her testimony was false Driscoli
friends endeavorcd A induce her TO say that she
had sworn falsely but she had refused 10 90 So
Mr. Fellows will oppose the motion for new trai
RECORDER sMYrH WILL HEAR THF MOTION.
Justice Andrews was in doubt rs to whether nc
had jurisdiction in the matter OF tie Application
Of Driscol for a new trial. lie consulted with
Prcsidirg Judge Van Biuni and JrSti,c Brady, of
the General I eIm Of tie Supreme Court, who were
also in doubt and said they would not decide
without hearing counsel. Thereupon Colonel
Fellows and Mr.. Howe appeared before these
Judges in the afternoon in their private rooms at
the Court House and the matter was talked over
The Judges decided that as Driscoll was tried
and convicted in the Court Of General Sessions,
under the provisions of the Code of Criminal FRO
cedurc Mr. Howe must make his application to
that court When Mr.. Howe called at
tcntion to the fact that in the
Sindram murder case when an application was
made 70 thc Supreme Court for new trial II was
heard and determined by the Supreme Court, he
Court of Oyer and Tcrminer and that by an
express provision Of the Code o. CRIMINAL ITO
ccduIe all such proceedings. when the Court OF
Over and Tcrmincr is in session must be taken IN
the Supreme Court. They told Mr.. Howe that he
had better make his application at once to Re
corder Smyth and he served n notice on the Dls-
trict-Attoincy that lie would make such an appu-
cation to morrow. Colonel Fellows said that he
would be ready TO oppose the application at that
time.