New-York tribune., 1895-12-17


NOT WELL TAKEN. AND THE sHERIFFs
TRIAL MUST GO on.
Judge Allison rendered his decision upon the
motion for dismissal Of the Indictment against
Sheriff Tamsen in Part II OF the Court OF General
Sessions yesterday afternoon, and denied the mo-
ton.
The first ground upon which the motion was
based stated that If any offence was committed
at all by the defendant. it an offence
against the United States and the courts of the
United States had exclusive jurisdiction to try
and punish for such offence. and that the State
Court has no Jurisdiction Of the offence alleged
IN the Indictment.
Judge Allisons decision was that there is no
Constitutional provision any principle Of law
which prohibits or prevents any State, at the
request and with the consent Of the Federal
Government. from imposing upon its Sherfs the
obligation TO receive into the jails Of the State.
and there safely detain. prisoners who have
committed offences against the laws OF the
United States
He said II was unsound proposition 10 say
that State has the power to impose an obga-
ton but no power to enforce its law imposing
that obligation.
The United States Congress passed a resolu-
ton requesting Legislatures 10 pass laws max
a.
receive and keep safe all prisoners committed
under the authority of the United States and
in 1874 the Legislature of the State of New
York acceded 10 that request
The second ground urged by the defendant in
support Of his motion was that. even If the
State courts had jurisdiction to punish for such
an offence still il is only where Federal
prisoner has been duly committed TO the Jail
by a written order Of a United States judicial
officer having power to commit; that the com
mitment must be in writing. and must be
directed 10 the Marshal commanding him 10
convey the prisoner TO the jailer. and command
ing the jaer to receive the prisoner. and that
copy of the mittmus must be left with the jaler
by the Marshal: and. these prisoners were
never committed TO the Jail by any commitment
/ in writing or by any officer OF the United states
having power commit. thev were not lawfully
committed. or duly committed within the mean
,ng Of the State statute"
The Judge said 1t well settled that an
officer charged with liability for an escape
could not urge irregularity in the exercise OF the
power Of commitment. but can only urge want
II power TO commit. The question or Jurisdic
u0n in this was clear.
Another ground urged was that the warden
snd keepers were either officers or employees Of
the city. and that the defendant is not Grim
inallv responsible for either the negligence
or criminal acts unles7 such acts were committed
by nis authority or with his knowledge or con-
sent.
The defendant had the power 10 remove the
warden and keepers, and is indicted for omis-
sion that is in substance. for negligence, said
the Judge. The motion to advise the jury 10
acquit upon the grounds stated is, therefore de-
MED" ~
General Tracy took exception 10 Judge ALI
sons ruling and asked that the Distrlct-At-
torney be required elect upon which count
OF the Indictment he proposed TO proceed VIZ.
First. the charge that Sherin Iamsen alloWeu
prisoners 70 escape. or second: mat ne KEPT IN
Office incompetent persons. Ihls request was
denied.
General Tracy moved TO strike ou, all the evi,
dence connected with the shaving OF the United
States prisoners who escaped. on the ground
OF irrelevancy also the evidence regarding the
offer to bribe Of the keepers 10 connlNe at
the prisoners escape, on the ground tnat no
bribery had been shown. Both Of these motions
were denied. General Tracy then stated TO the
jury the theory OF the defence II was their
province, he said, 90 pass upon the fects OF the
case II had not been shown. h. said, that the
Sheriff knew anything about the bringing OF
pistols into the jail. nor was there any PROOF 10
show that Tamsen knew anything ABOUT me
other matters connected with the escape. Ihe
only ones indicted In the case were Germans
and the Sherifs great crime was mat ne
vas Sheriff Of New-York. and happened to De
native of Germany Sheriff Tamsen could not
be held responsible for things ne did not Know,
and no man could be convicted OF crime unless
n was shown that the act was done with crim,
mai intent Sheriff Tamsen had been advised
bv his counsel Judge MacLean, against giving
advice 10 the keepers Of the jail because by SO
doing he would. in a measure release 'heni
from the responsibility of their pond
Jobn NJ Fox of No 5s7 Lexington-ave, VINO
said he had been Warden Of the Ludlow street
Jau under sheriffs German. Clancy and sexton
testified that during his administration prison
ers who paid board were allowed 20 eat IN W Wthe
downsta,rs dining room. This privilege had been
eIloved TO Federal prisoners as well. witness
had been Warden OF the Blackwell Isiahu
renitantiarv for twelve years before he became
Iyarden ~ ludlow Street Jail. He had been re
moved by Sheriff Tamsen Adjournment was
here taken until IL o'clock tomorrow