The evening world., 1895-09-19
TAMSEN SHOWS FIGHT
Gen. Tracy Says Sheritf's In
dictment Is Faulty.
SCORED By COL. FELLOWS.
Declares He Knew IudIov Stree,
Jail Omcinls Were In
u. competent.

The matter of the argument upon the
demurrer to the indictment OF Sheriff
Tamsen, which has been so often de-
layed, came up at last this morning in
Part /. Of the Court of General Sessions
before Judge Fitzgerald.
District-Attorney Fellows was prmopt-
ly on hand an Gen. Benjamin F. Tracy.
the Sheriff's counsel, entered the court :
room at 11.3O o'clock.
1T is charged that the Sheriff neglect
ed to remove incompetent officials in the
Ludlow Street JAIL began Gen. Tracy.
but there is nothing to show how or in
what manner these persons were incom.
petent. 1t does not say they were old
or infirm or blind. 1t simply states gen
orally that they were incompetent.
There is no specification as to how thev
were incompetent.
1T Is not alleged that they did not
faithfully perform their duty as keepers
There Is no allegation in the indictment
SUFFICIENT to constitute an offense.
This is novel Indictment. You NAV
search the records Of the State and not
find one like it.
There Is nothing TO show that the
sherin was wilfully negligent of his
duty. To be wilfully negligent one
must have purpose. a wilful purpose
TO neglect his duty.
There is nothing to show that Sheriff
Tamsen had knowledge of any incom-
petency of his Jail officers.
.nsrit;. Ihs Indictment G,iis must point out the
which the Sheriff has neglected to per
form; There is nothing In the statutes
which calls upon the Sheriff to dis
inpnn1nafant of Haip
There Is no statute which lays upon
the Sheriff the duty OF removing az,
incompetent officer 1t may be an Incl
dental duty, but the neglect of such an
our law.
THE only duty enjoined by law upon
that that duty was neglected
where a puSiid afS oiticIal i" has has S5a.s Sees
punished ,,fS for neg negleeting to perform
Joined upon him in the statutes"
This concluded Gen. Tracy's argyll
ment upon the demurrer to the first
at u the duty Of the Sheriff to appoint
certain officers at the county jail, and IT
is the PLAIN duty Of these officers to
properly, r, Keep Ee[ the prisoners safely" ar
The keeperc whom Sheriff Tamsen
appointed, we charge in the indictment
were grsSSly unht and Incompetent and
to his knowledge at the time of their
appointment.
THE fact that he knew that they were
incompetent Is a matter of evidence
which cannot properly be put in an in
d!ctment. but which must be submitted
to the Court and jury.
I'VE charge that Raabe. Schoen and
Schneer were at all times while they
held office UNIT and grossly incom
petent, and that Sheriff Tamsen knew
positively that they were UNIT and i'm
proper and Incompetent.
men we. charge that the Sheriff was
guilty Of gross neglect of duty, but we
do not propose to expose our evidence
until he comes to trial"
Gen. Tracy contended. regarding the
second Indictment that the three United
States prisoners who escaped were neve;
properly in the custody of the Sheriff.
Col Fellows replied that according tc
Gen. Tracy the Sheriff has more pI'iv
lege and less responsibility than wa.
ever thought before.
~. 1T is stated grayely,." said the Dis
ceNes pay from the United States fol
keeping prisoners in Ludlow Street Jail
but that he may, at his pleasure, turT
the key. open the door and let them 20
and suffer no responsibility"
Col. Fellows went into the history o.
the ancient law of New York State upor
which Federal prisoners are placed II
the custody of the sheriff's of the sew
eral counties.
Both sides agreed to submit briefs ir
b few days and the argument closed.