New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-09-08
LONG WAITS FOR TRIALS.
JUSTICE DELAYED IN THE COURT OF
GENERAL SESSIONS.
THE TONES CROWDED AND THOUSANDS OF ~
DICTMENTs PIGEON HOLED -- EASY GOING
WAYS OF THE JUDGES AND THE DIS

enjoying a long holiday. the number Of pris-
oners In the Tombs awaiting trial has been
increasing. and the pgeon-h )les which contain
the thousands of indictments which may never
be aired in the courtrooms have been crammed
fuller and fuller The closing OF all parts Of
the Court Of General Sessions for more than
a week. when there was plenty OF work to
do. has been spoken Of by NEWCOMERS as
scandalous procedure. Before the machinery of
justice at the Criminal Courts Building came to
a standstill last week only two parts Of the
court had been running for several weeks and
most Of the judges were away from the city.
There were 425 prisoners in the Tombs yes
terday, and 2i3 Of them are awaiting trial in
the Court Of General Sessions Many OF them
are probably innocent persons. who will be able
10 prove their innocence. and obtain their re-
lease soon they can have the opportunity
TO present evidence In court They have been
kept in the close cells Of the Tombs for weeks
while the judges have been away at noun
tain and seaside resorts and Colonel Fellows
has been attending political conventions, or
making campaign speeches in Maine among
the Green Mountains OF Vermont.
KEPT THERE FOR MONTHS
Among the prisoners in the Tombs are fifteen
persons accused Of homicide and some Of them
have been kept In the cells for months but
Colonel Felowss assistants say that ii has
been the custom not to try homicide cases in
the summer time because such trials likely
20 he long and 10 clog the machinery Of Justice
when it is running slowly in warm weather.
one Of the prisoners accused Of homicide has
been In the Tombs since last November He 's
Meyer Dietschek. indicted with Adoph Hirsch-
kopf the charge Of setting the fro at No
C,,fr he 10 Of
tie Lizzie Yeager on May 81. 1894 He and
HiIschkopf were put in prison about the same
time. but Hirschkopf has been convicted AMI
sentenced Dietschck may remain in the Tombs
FOR many weeks vet before he Is brought 20
trial
John Shasner. boy sixteen years old has
been in the Tombs since January accused Of
homicide. but there is doubt II he will ever be-
convicted Of that crime. He fought prlzefgh;
with Henry Rodriguez in a stable loft in East
e-huHdred-and-twelfth the night Of
January 3. and Rodriguez received a Knockout
blow which caused his death Witnesses Of the
fight declared that soft gloves were used by the
youths. and that the blow that Killed Rodriguez
was accidental. Why the Dstrict-Attorney has
waited so long 70 place the Shagner hoy on
trial nobody about the Criminal Courts Build
ing has been able or willing to explain.
Another case which might have been tried
weeks ago is that of John Stanley. saloon
keeper. Of Avenue B and Fourteenth-s st. who
shot and killed young Edward Donigan Of
No. 1903 East Eleventh-st. on the night Of March
II All the facts in the have been known
fully since the time OF the homicide. and there
were plenty OF Witnesses yet Stanley has been
in the Tombs since March L. and no deter
mined move has been made TO bring him to
trial Young Donigan supported his widowed
mother. but he got into bad company and when
he under the influence Of liquor he went
with some Of his friends into the saloon KEEP,
by Stanley and used abusive language - Shan
ley's wife shanley took up 4 revolver which
he had handy and shot young Donigan, killing
him
The killing OF Peter Barrett by Thomas Coop
er on April 4 was another homicide in a sa-
loon Barrett and Cooper We're coored men.
and when they were together in he liquor store
at Seventh-ave and Thirty-second-st they quar-
relied over the possession Of a dog Of small
value. Cooper whipped out knife and stabbed
Barrett killing him almost instantly. Since
the day Of the murder Cooper has been lodged
in the Tombs at the expense Of the city and
at times the crowdne Of the prison has been SO
great that the negro has been placed in the
same cell with other prisoners. The evidence
in his case has been at hand. but the man
has not been forced 10 trial.
NOT REQUIRED BY LAW.
The prisoners in several other cases " homicide
have been locked up in the TOmbs since the ar
rival OF warm weather. and they could not be
tried because Of the ruiz not t. have any hom-
eide trials in the Court ~ General Sessions in
tho summer time That rule. 1t may be under
stood Is not mentioned in any Of the statutes.
II is legal TO try a prisoner charged with muir
der in the warmest summer weather. The
Judges and the Distrct-Attornev apparently
have made the rule to suit their own conven-
ience. without regard to tho moral effect which
the prompt trial and punishment Of murderers
might have in the city.
Maria Rarberi who was convicted 4 murder
and sentcn ed to death but received the award
Of new trial from the Court OF Appears,
has been in the Tombs awaiting another triai
since Nav H. when 81" was brought back 10
the. city from Sing Sing. There have been re-
ports that she would be allowed 10 plead guilty
10 a lesser crime than murder in the nrst
degree 10 save the expense OF another trial.
Six prisoners have been placed in the Tomps
to await trial on the charge OF homicide since
Maria Barberi was brought back. lhry are
Thomas Lynch Andre Merci. Angelina Clrlto;
Michael Costello Charles A. Johnson ana
George Moore.
The invariable explanation made by the Dis
trict-Attornev and his assistants OF the failure
the thousands pl p'iS'iS " ~ i."'' 80
indicted and are out on ball = that the courts
have 10 deal with the prison cases hrst ana TAX,
up bail cases only when there l. hot u. Nv
in the T ,n,bs At the same time. ne Judges ana
the District Attorney make rule not TO 'rl
IAN cases in the summer time declaring ina,
such cases might clog the Court OF Hehe'dl
SECTIONS as only two parts Of the court are
running i'm warm weather. Citizens VINO pay
taxes and thus help TO maintain the enormously
expensive establishment al the Criminal courts
t,,u6irg hare declared that the Distrct-Attor-
nov and mis- assistants ought not To nave Vaca-
lions longer than other cficials. and that me
rule 10 try no bail cases In the court OF H"n'Iai
Sessions in tn summer Tine does not anu '"e
enforcement OF Law in the city.
There was a formal opening 81 Parts ana
n OF The Court Of General Sessions YESTERDAY
morning but no business was transacted IN
t,hnr Judge New burger merely took his place
an the bench in each part long enough TO
bave the crier make the formal announcement
Ia ,hsr adjourned court until to-day. Al