New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-01-17
O,HJRE SHIFTS THE BLAME ~
HE SAYS THAT THE MCAFFREf ooi-
RAGE WASN'T HIS FAULT.

.r, no Try THE RESPONSIBILITY FOR KEEP
INC AN ACQUITTED PRISONER IN THE
roMRs TWO MoNTHs-THE CASE OF
THE DRUNKEN BEGGs
Assistant Distrlct-Attorney OHare sad Westerns,
IN reference to the case or InoiHas 'iSN =.
r,s M fau.t OF mine that McCaHrey was "'p -
tho rombs for two months without prope, I'm
'',r,o,t after he had been acquitted on the h''''
"''''''0,' , him with assault in the first degree
NJ ,s,. ,lven at the trial of McCanrey showed
,. hto ,here was doubt that he had deliberately
-, =, q man az charged In the Indictment ."e'o
r.,s M doub, that he had committed d 'i, o.
s.ul, before he obtained possessio" Y, Wv .,,,
! ralt that there had been a miscarriase "a ~
ord I Objected to the immediate uso"H'e'
,ae,.a,, after his acquitta on the charge Oh snoo'
o"'' ~ - honause wanted to have him indicted
, .,oa for tho other assault. IL was still ea'iy
- 49, ,,srnoon when McCaffrey was acqu'''eu'
and I gave orders to have the witnes"e' a.,
once before the Grand Jury oiu ho' CIV
caffrey to be taken back to the loh'o'' ar 49, =
nosed later that his detention there was ~. 90
socond indictment. II now appears tna' '"e ..
M aac,nd Indictment and the reccmmltmeh' VI NV
nrIsoner to the Tombs was Irregular II ""' 49,
to the oversight OF Germ WIN INV
not remember it," ,.,n
Dstrict-Attorney Fellows was said to De mahi''s
an Investigation Of the case yesterday ou' ne 10"
nothing ready for newspaper men on tha' s"o'
Recorder Gofr when he discharged McCanrey o'
Monday. did not mnce words in expressing DIS oe
naf that there had been cupabe official negligence
lie said: .,,d hs
That a man in the city OF New-f orK ;n va ~
ken; in prison for two months nearly without way
rant Of law color Of right IS mosi eyrence some
pace rcntng upon some depart ment or
If ch.rlties and Correction could keep you IN prlso
Without a commitment fail to understand. ~ o',s
demonstrates how necessary II Is az. scrunnously OBJ
served. That the only protection OF the ci'iHen
The explanation made by Mr.. O'Hare YESTERDAY
does not relieve him from the responsibility VIM"
h. seeks TO shun. because 1t was his pain uutS'
after preventing the discharge Of the prisoner WHO
had been acquitted to that the prisoner was
either held on second indictment or set free !.
no Indictment was found. IL was clearly c"s- u
gross negligence in the Distrct-Attorhey o'i'e
There should be an investigation so tnorous" % "
result in the punishment OF the ofiiciai VINO "a'
resnonslble for such plain violation OF const'u-
tiona rights.
Warden Fallon OF the Tombs. said yes'erdaS tia'
ucC,Nrev had been neld on the original commit
mont by Police Justice Grady until he was may
released By Recorder Golf and that the Iomps
officials were acting under the insUuc'io"' u '''
- Commlssioner Porter said to Tribune reporter
iao has in any way been violated in McCanrey
case As soon read the new spaper accounts ol
his | cent Tor an eNpliHdtiVH Aiph va
keeper John Falon. This is his answer:
I'm compliance with your directions by teIepnot,
this morning IN reference 10 prisoner, haIneh
Thomas McCafrey OF whom there appeared pup
lcation In the press Of yesterday as resu, OF is
cise being disposed OF by Recorder Con. beg leave
10 state that Thomas McCafrey was commit'ed by
Police Justice Grady upon a charge OF felonious az.
saui on October o. 1885, TO stand trial IN me tour,
~ General Sessions. The following are the dites
on which McCaTrey was call ed to appear IN the
court ~ General Sessions to be tried ana was re-
manded back prison October "a g. November ..
b. Is. 49, o. D. on January u. 1872 the prisoner
was discharged by the Court. " ~
Recorder Con- is inve stiga ting the case or Wiiian
Beggs who when called upon 10 plead before Judge
F tzgera.d on Tuesday. was too drunk 10 appear
naegs has been in the Tombs since last April
charged with murder in the trst degree. ~ Is ae,
AIRED hy the Tombs officers that Beggs was sooei
when he ,cft there and the keepers Of the pen IN
the Criminal Courts Building are positive that ne d1
not get drunk while in their custody. Beggs SAD 70
= reporter yesterday that he got the whiskey from
a fellow prisoner in the pen who got II through ms
wife Recorder Con directed the Grand jury yes
ferday o look into the scandal thorougnly In ths
afternoon Judges MARITIME and tltzgeraId hearo
tho statements OF Reilly. the prisoner VINO was
with Bsggs at the time he had the whisky, and
also OF Charles Wundt. keeper OF the General Ses,
slous Courts As n result Wundt was suspended
pending a full investigation