New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-07-17
United States prisoners In state prisons ana
county tails the Judge said:

In respec, to the liability Of sheriff or soa nis
subordinate keepers doT me escape either on civil
process or on a criminal charge the law mas lols
recognized two may poin, out
the use OF the word escape IN such casts -. ~
the ACT of the prisoner in escaping and the act OF
the custodian In suffering him TO escape s sny
the law has always recUSrya s wa that is 10
cav an ESCAPE actually permitted by the custodian;
siste1 by some positive act deliberate omission.
The second class Of escapes recognized by D.,
the law known as negligent escapes, Una, a ~
say escapes due to the negligence OF the cna'4a ,
h N smard al n Ta jury Of the tinted states
dict for offences against the United states Is coeN,
tensive with the Jurisdiction OF the Circu, cou h
10 punish But In criminal matters court or me
United states has no common law jurisdiction;
in finding hf ibdcments aeains anybody their
conduct in connection with this escape: you mus
he satisfied by competent evidence tnat suo, pt he
United States Now. the only act OF Congress on
this subject Of which have any knoTlease IS so of
the United states which states that any sheriff,
deputy sheriff ministerial officer or amy other per
S men, bv IKE nIid states authorities and allows
this prisoner voluntarily to ssG ,Sd s no be De i
he'd Therefore. in finding indictments against any
sat isS hV compeent evidence custodian
has assisted in the escape by some posl,lse aca ~
has been guilty OF some deliberate omission win
intent TO aid the prisoners In escaping
IT, however. you decide that the evidence 9oes hos
these prisoners Tor the escape in view Of the re-
strctions imposed upon The JURISDICTION OF me
Court by the lack of Federal leglsiatloh OH me
subject, stu at liberty 10 present 10 the
Court the results of your investigation
A STATEMENT BY TAMSEN'S COUNSEL
Sheriff Hansen had nothing TO say regarding
the presentment Of the Federal Grand Jury ex-
cent that he understood he had been censured,
and it was a great injustice TO him.
In regard to the statement in the Grand Jury
presentment expressing doubt whether the
Sheriff had given special instructions to warden
Raabe regarding the care Of the prisoners VINO
escaped. Charles +. MacLean. counsel to Sheriff
Tamsen said yesterday afternoon:
The day after the three prisoners had beeh sna,ed
and the day they had been taken before 'hiie9
States Commissioner Shields. Mr.. Raabe was ca.tu
that as soon AS the prisoners should be returned 10
the fail from the United States Court fouse ,he!
should be searched very carefully ana every Gem V
money and everything else in their ciothes si'in
locked in their cells Mr. Raabe said that he did
not know that he had the right 10 90 50, d''i
looked toward the Sheriff who SAID nothiiis. /
then tod Mr. Raabe that II would De HuSh O'ttci
for him 10 take the strctest measures ana 20 rem
dor The escape OF these impossible than 10
duty and his bondsmen made responsible. MI
Raabe said that that was so Inc ShciIl 'iri I',a
TO Mr. Raabe: IL direct you as MI Mac Ian i.in
said 10 search these men caretuIy. 10 taht w.
cen; of money and 10 lock them ny IN thelT 'cls;
letting them out only as need be me Se'Lu s''
This SO distinctly that there was no ms'dh'"s -
or any part OF IT,