The evening world., 1894-05-19
BURNED 5000
INDICTMENTS.

fCcnhru,d fron TTrs Tn7-
the Great Destroyer, and that was the
moment when the lottery men trembled:
They knew the indictments against
were locked up in the big safe;
Moses Clarke. tiom his dying-bed IN
one room. could see the safe that held
his guilty secrets in another. no one
but he knew the combination Of that
safe and later on, when the lottery men
came and crowded abo It the bed, he was
unable to give 1t T. them. They had
come too late.
Mr Purdy says there were three men
who watched By the sile Of the dying
man until the end came. one or the
three he says. Is dead and another was
Eph simmons. The third name for the
present he withholds.
That will cone later" he added. IT
they want an invcstigation, even at ms
Scarcely had Moses Clarke breathed
his last wher. the Watchers according
to MIR. Pdrdy. began to discuss how they
could get the indictments from the safe.
They Tried to operate the combination
lock. but were compelled to give 1t up.
Then one suggested having 1t broken
open.
The snfc Broken Open.
They sent for a notorious safe
breaker, says Mr.. Purdy-a burgler. one
whose name was then as now well
known to the police, and he did as
directed
The safe was opened. and although II
was midsummer, n large fire was putt
and the indictments thrown Into II. 1t
was the intention only to destroy the
lottery indictments. but there were so
many others, and all in such CONFUSION,
that IT would have taken toe too much time
were thrown into the blaze with the
evidence in each case, and the three
men stood there for hours poking, the
embers and not leaving until nothing
but a heap OF ashes remained. Even the
ashes were rakel. so that not as much
as n sign should be left to tell the story.
Then they returned to New York.
Later on Moses Clarke. was buried, and
politicians without number followed the
casket to the grave.
Later still, when Coy. Cornell issued
prosecuting officers throughout the State
to enforce the law against the lottery
men, search was made for the indict.
ments found In this county. but, of
course. without result.
Comstock Believes 1t.
Anthony CONS took, when told Mr. Pur-
dy's story yesterday, did not eVince the
slightest surprise on the &c co1t,aTy %s,as he
II do know this" he said. that when
Moses Clarke was in the District-Attor-
neys office all sorts Of crimes were com
anu nD lubSuube ctich5
enough to denornce the methods then
practised. 1t IS true that hundreds Of
indictments. found on eyjdence submitted nitfed
by me to the Grand Jury were were stolen aii,
not mind the indictments SO much as
that the evidence upon which the indict-
ments were found disappeared also;
"Eph Simmons was the lottery king OF
that time. and ran matters just how he
pleased. 1t was next to impossible to
have any OF the cases against his men
brought to trial. me indiStmehts usonD we're
ber. Not only did the lottery indict-
ments disappear rt that time, but IN
dictments In obscene and other cases
"F'ur,her than that, whenever a case
was particularly we'll watched by the
public l have known forged INDICTMENTS
actually found. The substituted article
foreman of the Grand Jury and pSnt purporta :
ell to have been found upon evidence
which had never been submitted.
1t Could Happen To-Day.
1.-THE same thing can happen to-day
Just as It did fifteen years a,s or SO ago. ago,
is nothing to prevent him making on
with indictments. Many times since the
death of Moses Clarke have known In
fore the case got to trial. 1t is not the
fault OF the District ttorneys office SO
much as INSCRIPTIONS lawyers.
THE Police Justices are In large
present day as, in nearly every case
they Insist upon the evidence being filed
in court with the complaint. 1t Is easy
to imagine what could happen while the
trict-Attorney's office. Besides that. the
defendants lawyer is entitled to look
at the papers, and II an unscrupulous
man wants to abstract any particular ar
tiCle he easily do II
For my part, the lottery fraud taught
me lesson which l will never forget
Our evidence was stolen that time
Now I take particular care to keep the
evidence myself If | am compelled to
file the evidence in court l keep Il du-
plicate OF 1t.
Free, Yet Indicted.
ut Is a strange fact" added Mr.. Com
stock, that no power on earth seems
able to bring the gamblers to the bar
s have " be.n ound
years against pool-room men and policy
dealers. end they are still in the pigeon
holes of the District Attorneys office:
on the subject when he was in office.
but got little satisfaction. The indict-
ments are still there.
Take the case Of Mike Murray . for
courts as we'll as pleading guilty In Spec
ial Sessions. 1t Is notorious that he kept
gambling resor' for years on the west
side. yet there are indictments hanging
over his head that will probably never
| be tried. John Johnson, who Is AL
Adamss right-hand-man. was convicted
three times. yet he last time he was
convicted sentence was suspended. He
is row walking about the city with five
indictments hanging over him."
! None OF the attaches of the District
ATTIC rneys office has any recollection
of the burning up Of the indictments
during the Phelps administration, or
| If he has he denies It.
Judge Cowing, when asked about It.
said he had not heard of It, but as
| Mr.. purdy remarked. he was the last
one who would know.
Every line OF the story Is true" Mr..
| Purdy said. The burglar who opened
the safe Is still in this city and can be
| found, II any one wants an investiga-
ton. The facts may as we'll come out
now as at any other time. No one can
be punished, as the statute of llmita-
tons prevents that"