New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-03-22
THE DELAYIN BARKERS CASE
WHY HAS THE APPEAL NOT BEEN ARGUEDa
Tot OF THE Ex.ALDERMAN's VINEGAR TO

Tot OF THE EX-ALDERMAN'S VINEGAR TO
BE EXAMINED.
bs orrest Of ex. Alderman James Barker, the former
loader Of Tammany Hall in the XllIth Assembly DIS
riot on a charge of violating the Internal Revenue
t, bos turned public attention to his long escape
iron, p,nishment for his brutal and outrageous assault
on lanes Herman. Barker kicked ms Vicuhi hinioS'
IN death in barToom In september, 1907 H0 va"
tried in the following May and found guilty OF assau'
in the third degree Judge Cowins senehceu nun !"
,our months imprisonment in the Penitenuary.
Bankers attorney appealed his case 10 'ie "e.'''"
Term OF the Supreme Court, and stay OF SehVn''
was granted by Judge Morgan J. OBrien. on inc
ground that there was a reasonable DOUBT that INC
conviction would stand.
Rarker WAS released on 81 900 ball. and this is all
that has ever OF the case up 10 thiS uio' INV
convicted man, of course, had no wish 10 push tls
apneaI and Colonel Fellows who was then Distret
Attorney took no steps 70 force the cause 10 an ISSUE
Attorney De LanCey Nicou said yesterday ta'
az soon as he took Office he instructor
his assistant Mr. staper 10 prepare the case ana push
II for trial Mr.. Staper has been at WorR Oh tlc ''
and will argue IL next month before the Dehefai ie
Just why Colonel Fellows allowed the ends OF !usos
TO be crcumvented thus does not appear. Inc uela'
in the Barker case is by no means an unusual one
however, a. In some instances appeals from ooNc'
lion have not been argued until more than year AFTER
santence had been pronounced. With nearly year IN
which TO prepare the case, the DlstrctAtlorhe'
Office ought 10 make good showing before the Genera
Term. -.
Internal revenue officers, acting under the belei
that Barker had distilled than the hry-four par
res OF whiskey which seized several DAYS aso'
Yesterday made search Of Gentles storage ware
house at Nos ABS to 442 Sixteenth-St, for more VI
the "moonshlne" spirits Barkers factory Is IN sew
enteenth-st and only a block from Gentes "sio'
house The ex-Alderman had declared that ne han Nv
vinegar stored In the place In sixteenths|' ou' -'
by no means satisfied the suspicious OF Cenersi Ae'
win Collector Of Internal Revenue Of the second us
trct The General secured from United olaNsA 40
mis- sioncr John A. Shields warrant 10 sea'O" '
The warrant was placed IN the hands OF oap poa!
lanes Adair captain Murphy, Deputy CO!,e,l or ser
and John !. Beilin all OF the lnteihal hesG at,sr
vice and they went 10 the warehouse YESTERDAY I'm
noon The Waterman at first refused Them ~ a.,
saving that Barker had told him To let no oiS 80. ~
yinegnr This Of redOubled inc SUI I,,ia-,t
the oficcrs as the Tammany chleftain hdu ue0i
that he had no vinegar In the place - . a,,en
4, IL was late In the afternoon, only nav IN Ibe
barrels of he 200 which Barker had sote" a.. ~ COW
Mac. were examined. All these We're iouIu harrels
lain vinegar A watch was placed on uI s, yreelS
and every one Of them will be examined ,n Dix,
II /, thought likely that great zeal 0l n .oi and
t.d whlskey or high wines VIII be uis.,O.ei be.vy
that Barker Will thus be liable 10 addl'io"'i ~
fines.