New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-06-30
EY.V4RDEN FALLON REINSTATED.
THE APPELLATE DIVISION DECIDES THAT
THE CHARGES WE'RE NOT SUSTAINED.


ronp T Faron removed from the office OF Warden
OF the City Prison on January q last. was ordereo
renstated yesterday by decision hanied oo"n ~
the Appellate Division OF the Supreme Court. jus
tlce Barrett wrote the opinion. IN when all tne
other Justices concur Mr. Fallon was appoin'e@
Warden OF the Tombs in June. 1891, and was TO
moved after trial charges ordered by So"''
missioner OF Correction Wright.
The charges and Specifications against him, Two
in number, that he violated the rules OF the
prison in admitting visitor without searching MIN
and that he had been guilty of cruelty and daso-
bedence Of orders In putting prisoner CHerman)
in solitary confinement without food for two days
and removing him from cell 10 which he mad Deen
returned by due authority.
The greater part OF the evidence produced against
Fallon at his trial presented by Deputy Warden
O'Shea Charles J. Patterson. who presented Fab
Ions appeal TO the Appellate Division, argued thak
4 Fallon could not be removed without
cause, and that cause had been shown; that
O'Shea untruthful and biased and that Com
missioner Wright had excluded competent testi-
mony in his determination to ind cause to remove
Fallon in order to appoint to the place made vacant
by his removal one Of his own political following.
IN his opinion Justice Barrett writes:
1t is clear in view OF the course and spirit OF lests
re!ator was entitled at least far and impartial
trial upon specific charges Of incompetency and con-
entitled to cross-examne the witnesses produced ia
support OF the charges, and 70 cross-examne them
our conclusion upon the whole case IS. first. that
a matter .. fact none Of the Charges Of incofn.
potency and conduct inconsistent the REALTORS
position sustained. and, second. that even
the charge OF cruel and innuman treatment had
been prlma facie made out. 1t WAS substantial
going to the root OF the Commissioners judg-
lnent TO rule out crOss-exdmnatiOn tending "
reflete such charge and show that the prisoners
suficrIngs, detailed by him, and by HIM alone,
proceeded from other than the discipline 70
which he had been subjected.
The determination OF the Commissioner should -
annulled ana the re.ator reinstaed. with $50 costs
and disbursements.
Commissioner Wright was seen yesterday after
noon relative ID The reinstatement Of eX-Warden
FallOn He somewhat SUI prlsei at the de-
sion of the Court, and said: II have received no
official notice Yet OF the rensta cement OF Warden
FaMon shall consult the Corporation Counsel,
and If there = a possible chance OF appealing from
the decision of the Appellate Court shall take tho
matter the Court Of Appeals. voted FOR Fallons
dismissal because | believed the evidence war
rante, MS removal ! nave no personal feeling N
the matter If Fall0n has 70 go back 10 his OLD
place The present Warden. VINO was pointed 10
succeed him. will have 10 vacate the office.
Warden Van De Carr much surprised TO hear
Of ex- Wasdan Falions re!nsta temen;. but declined
10 discuss the matter saving that ii was all in the
hands OF COmmis siOner Wright