New-York tribune., 1895-12-06

contended that there was no subpoena or other
process before the court 10 show obligation on the
UIder Sheriff. part to produce the papers, and this
contention was upheld by the Court.
SHERMAN on THE STAND.
Mir sherman was then examined by Assistant Dis
trict-Attorney Weeks. He said he had been sub
loenaed to produce the papers from the Sheriffs
oi'ice. He did not know where the papers were.
Nj. Sherman testified that he did not, of his own
rersonal knowledge know that such persons as Al
len. Kilorar ard Russell the postoffice robbers who
escaped from Ludlow Street Jail, were IN the JAN
be; ycen Nay 81 and July a.
There was discussion between counsel as TO the
admission Of a letter from The United States Mar
sha.s office Sheriff Tamsen. in the course or
wh.ch General Tracy said he presumed the Court
was conversant with the points raised b. the de-
lrnce one OF which was the lack of jurisdiction OF
The State courts IS 10 the escape Of the United
States prisoners.
Judge A Alison replied that he had very carefully
studied the briefs and other papers submitted 10
him by both sides. He could no, pass upon the OBJ
iectors OF the defence until all OF the evidence
in.
The letter was admitted in evidence 1t was WI
zen by United States Marshal McCar;y to SherM
Tamsen. and in it the fact was mentioned that
since their Incarceration in Ludlow Stree; Jail four
United States prisoners had been permitted 20 shave
of their boards TO the alteration Of their appear
Mr. Sherman said there had been sona cjAVersa-
ton between himself and Sheriff Tamson regarding
the letter. and Sheriff Tamsen had directed mat
strict investigation of the matter be made.
Mr.. Weeks spent some time In the ena"@No" 10 set
q definite statement from CndeT-SheriH sherman
as 10 whether the postofce robbcrs "ere ineuied
among four prisoners whose appea ante hAa Oeeh
changed Witness said he supposed me p'-'on'ce
robbers were among those shaved, but ne cou' nos
be certain. He had not questioned the pf.s''e's.
The Under Shern did 10, know waeiAer he h'l
fro- lall the time Ol IJl.
In cact the witness was not positive regarding any
Of the occurrences on the Gay or the IEHe>.!5a.O.'
and Se en;y thou?ht that he nal" reported 70 me
Sheriff after the investigation Later tAc Nitl. ~.
il, and that he had told Mr.. lamscn rai the W ar
den had dsniea that lheT r. eoS sa ,% M o IRE IF
the keepers BAD corroeor2ted ihs G'n "'
wRANGl.E OVER THE ADMISSION OF PAPERS
\; ;h!s point there MAS a wrsnsle as to the pro
Gnction and admission IN evidence Of papers wAicA
yes said were in the posses sion Of the defence and
reeaidins wh.cs "a notice. t was aiCS-i 1, ntD Dee"
served upon tie defendants counse..
General Tracy interrupted: Il nave received no
syeA notice ana at any rate. YOU can't serve papers
On counsel IN cl:n.h"i .. 60 - f ~ difference
in me p,ectce between civil and criminal cases :,
- nst may be. blt The acton OF counsei may oe
cseg...rt .liG General Trtcy. 1910,
49, i'm, The penaity o. rcglec. 30 obey the notice
mizht o. ne S@rt raol a thl there was no ev
Once n, srsr ran:sen MA EVER nso me When
f. - Al
renitsl u TIC Court ruling in suppoi' OF Hehe'"
,s,s:u Mr. weeks u.ed TO prove that The Hheriii
had received tn papers. ~n!c1 were uepcal' ,
o~csynin,. INC o. 50 % The escaped man r)borH U.
80, -, - testified nat he EneW nosh4ng aDout u.
srl fld neye- 'a.Rcd with s'.f"i iams'h ABOUT
Sntr recess rnGcr-sacrif sherman asain took
.Ie stane Warden Raape h2A "a I..ii se -. -,
-. ~" visitors were permitted 10 see Hltel sac.
MS exceItng upon ptlihisss'o" lS,uJl "'
;-ri.sI S-a'se aJthoritos f"tthtI .,hr,
..,,,gbf - elliott bow of'cn or Wr,r me .d nurI
she,ir had visited the AL General Tracy on)ecteo
Genera Tracy c1Rtenden that ne pIoposi!ol @ I.at
be a,sa Of The ncOmpetenco o. s'oi ''.!' ID ~.
".i vrsd 10 escaue the SherI should De heIi
,,~s,h's lyos ahe,iid = hold the Sh"fh Iespoh-
- :, ,.,- nAcessiry 20 SHOW aDsJ.cie n.Ei,l' OF
-, DO, mon S's plrt " conviction OF tAe cc'
fsndant could properly he found ne $40, u''r ~
- s,o,y;, that he defendant Vas GuHtH. o. an
r,iry,a or an ect with criminal intent; Whlch per
invited the prisoners TO escape. A . -r.,.
fnG9e Allison did agree Wlth priie-''. "a
and overriilei his objection. and the "eir'"i 'ooA
ar exception. 49, 80 80 . T.. rorl,. .o tbc
I-ntcd states Marshal's letter. was read I'D "n!ci
,ba shsriN said that only TWO prisoners nad shaNe
themselves and any razor theY may nav .liy. usu
,nnst nave been procured from some OF me eish.
and twenty visitors" admitted on passes isaled bY
the Marshafs ofice
BRIBE OFFERED TO THE JANlTOk
4, AFFIDAVIT by Samuel X Fredericbs the janor
of rud.ow street Jail recited that he had been ap
nroached by Russell who offered him 500 for key
10 one of the gates with "A promise OF SOJ or $4,000
more after he and his companions were iree sub