New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-07-06
PRICE THREE CENTS.
IS TAMsEN RESPONSIBLE !
THE SHERIFF AND THE ESCAPE OF THE
PosTOFFICE THIEVES.
ASSISTANT DrsTRrcr-ATToRNEY MINrYRE sAYo
TAMsEN Is PERSONALLY AccouNTADLE-Rp.
WARD OFFERED BY TIE FEDERAL Az.
THoRITIEs FOR THE CAPTURE OF
THE FUGITIvEs-THE sHEkIFF
THINKS HE HAS "cLEw'
A SECRET INQUIRY

IHE fltiliN rsS-ifiE shtHiFr
THINKS HE HAS A "cLEw''
A SECRET INQUIRY
AT THE JAIL.
Rewards to the amount OF $4,000 have been
offered by the Postoflcc Department at Wash.
ington for the recapture OF Charles Allen. Joseph
Killoran and Henry RUSSELL the three notorious
postoffce robbers who were permitted to escape
from the Ludlow Street jail on Thursday MORN
ing Inspectors of the Secret Service Bureau,
United States marshals private detectives and
the police OF the city were searching for the e.
capped men yesterday. apparently with small hope
OF finding them. The robbers have good start
and believed to have plenty Of money and
friends to aid them In euding the detectives.
THE SHERIFF INVESTIGATES SECRETLY.
Sheriff Tamsen, who returned to the city late
on Thursday night. made an investigation at the
Jail In the afternoon assisted by exPolice Com
missioner Charles F. MacLean. his counsel. II
the investigation had been intended to cover up
possible bribery in the Jail. 1t could not have
been conducted with more secrecy, as newspaper
men carefully kept out Of the jail while the
Sheriff and his counsel were asking all sorts OF
questions to get Information from Warcen
Raabe and the keepers. After the inquiry the
doors Of the Jail were still closed against the
newspaper men, and Sheriff Tamsen and Mr..
MacLean were not willing to tell much OF what
they had learned.
There was talk Of bringing the escape OF the
robbers to the attention OF the Grand Jury, with
a view to having careful inquiry into the case
and Furnishing any man who may be guilty OF
collusion. carelessness contempt OF court.
Sheriff Tamsen did not appear to think that he
could be punished because his subordinates per-
mtted the prisoners to escape, and 1t Is possible
that he will not be held accountable in the case.
because he Is not an officer Of the United States
Court. which had control Of the prisoners who
escaped. He contends that the prisoners were
in his custody only as temporary boarders the
County Jail having been designated as place
In which United States prisoners should be kept.
and he was bound only to ordinary care to
keep them
GOFF ON TAMSEN'S RESPONSIBILITY.
Recorder Goff said yesterday that he doubted
IL the Sheriff could be held cr.minay accounta-
BILE for the escape OF the prisoners. as no State
or municipal court had any claim upon the men.
The Sheriff Is an officer Of those courts and as
such may be found guilty OF contempt II he fails
to carry out the orders OF the courts. Unless
IT could be shown that the Sheriff had himself
been guilty of negligence collusion. the Re-
corder said, II was doubtful II he could be pun
ished by United States Court. Mr.. MacLean.
Mr.. Tamsens official counsel. when asked why
the Sheriff could not be punished as the late
Sheriff Brennan was because he had not caused
prisoners to be kept safe, replied: "Sherin
Matthew Brennan was punished for contempt OF
court on account of the escape OF Harry Genet,
because he personally permitted subordinate
TO take Genet to his home. whence he escaped
II was therefore held that the Sheriff was per.
sonally responsible for the escape OF Genet. ous
there is no book in which the opinion OK the
Court on that subject can be found
The Sheriff has given bond to the City ana
County OF New-York in 100000. with good ana
sufficient sureties. 1t was said at the Sherins
office yesterday that Mr.. Tamsen's responsible
ty TO the United States Government for United
States prisoners sent to Ludlow Street Jail TOT
safekeeping Is practically nothing Under an
act Of Congress the United states authorizes
may consign their prisoners to the county jail
in any county in the United States until afteF
trial. This act makes the Ludlow street JAIL
and not the Tombs. which is city prison-tne
proper place to keep United States prisoners IN
New York County. But 1t Is well known
that Ludlow Street Jail is wholly unht a.
a place for keeping desperate criminals
On the Sherifs part it Ia argued that the con-
tract with the United States Government oy
which the county agrees to board and lodge
United States prisoners does not make the Sher'
IN responsible for such desperate characters as
KiIoran Allen and Russell Said an official OF
the Sheriffs office yesterday. when asked what
the Sherif's responsibility was:
1T may be that the United States can bring
suit against the county OF New-York In connec-
tion with the escape Of these prisoners and II the
plantiff should recover then the county could
bring suit against Sheriff Tamsen and his bonds
men. But we will all be increased in years before
these problematical cases are decided
MARSHAL. MCARTY'S OPINION.
United States Marshal McCarty said yester-
dav that he thought the Sheriff would be held re.
snonsiol for the safe keeping OF these prisoners.
He said: There is also question whether the
United States cannot hold the Sheriff liable for
the costs Of the prosecution Of the men who got
safe awav The Government Is certainly out
that amount. and If all the officers are bonded
what are the bonds for? do not think. however.
that the men will be long at liberty. / cannot
state what our plans are but all the machinery
OF the United States Government has been IN
voked and Is already at work. These men are
known TO every detective and officer OF experl.
ence and 1t is safe to infer that they cannot re-
main long without being recognized.
Section 1909 OF the Revised Statutes OF tns
United States covers the ground OF the Ludlow
Street Jail breaking. 1t provides that whoever
having In charge a prisoner OF the United states
shall voluntarily allow him to escape shall oe
liable to Imprisonment for two and half years
and fine Of $1,000. The question In this case be-
comes one OF construction OF the word "voun-
tary."
District Attorney Macfarlane said that he was
not prepared to speak fully on that question. II
a bribe was given then the statute would surely
be broken.
STATUTES BEARING ON THE CASE.
Regarding the custody OF the jails Section III