The herald., 1897-01-08
.TAl EVIDENCE WITHHELD.
-
Sheriff Burr Holds Fast the In
eliminating Documents
MALONE IN A BAD LIGHT
Why he Handed 10 His Resignation on
Tuesday Morning
He Would Otherwise Have Been Thrown
Into Jail the Same Day-The Grand
Jury May Investigate the Matter.

Little by little the true inwardness Of
the recent attempt at escape of Bank
Tunneler Mccarthy from the county
Jail is coming to light, albeit the sheriff
and his deputies refuse absolutely to
give the full facts for publication. For
over three weeks Mr.. Burr has been in
possession of the evidence of the contem-
plated attempt but not until about q
week ago did he even conflde his secret
to Jailer Kennedy. Even then the two
officials did not take anyone into their
confidence. but contented themselves
with watching the turnkey, Malone, and
allowed him to proceed about his Euties
as usual.
In the county Jail as prisoner is
Clifton Il. Mayne who is under sentence
to the peuitentiary but awaiting the re-
suit CT an appeal of mis- case to the su-
preme court MayEe is allowed special
privileges by the jailer and is employed
in the office keeping the books and jail
accounts. TO him on Monday evening
last Jailer Kennedy confided the facts
that he had learned and imposed prom
ise that Maybe would be on the lookout
fer any overt act. In company with
Sheriff Burr Mr.. Kennedy went out for
the evening, leaVinS ManOne on Watcn,
Mayne being in the Office.
The latter after thinking the matter
over decided to acquaint Malone with
the suspicious directed against him,
and did so with the idea, as he claims, of
allowing the unfortunate fellow to draw
back if, as suspected he was in the
plot to release Mccarthy. The news was
received by Malone with a shock of sur
prise, and he exclaimed, my God! this
ir n tap
tiary for me-" The conversation was
here Interrupted by Deputy Charles
Fleming coming into the office, and
within a few minutes Malone turned the
keys of the Jail over to him and went
home
When Kennedy got back about II
o'clock Mayne told him what he had
done, but claimed in extenuation that he
could not see Malone thrown into Jail.
as had been the intention of Sheriff Burr,
without telling him of the suspiciony and
giving him chance to right himself if
possible. The matter was gone over in
all it's phases between the sVo, and Ken
nedy went to bed. Then Mayne sent
note to Malone at his residence, No.
6391a South Olive street, asking him to
come at once to the Jail.
On Mahone's arrival he was tod that
Kennedy had been informed of what had
occurred, and that If he were to go UP
ard see him perhaps something could
be done to smooth the matter over
without publicity. Up to Kennedy's
room Malone went at 3 o'clock in thc
morning, and there interviewed his
superior officer. Kennedy told him
plainly that both he and the sheriff were
strongly convinced of his guilt, and that
it had been the intention to imprison
him the next day. To this Malone
replied by asking what he could best 90,
4 x1JI l.. Ii.
nation which would be given to the sher-
iff in the morning, and that he (Ken-
nedy) would do what he could for him.
He would say nothing about the matter
and endeavor to persuade the sheriff TO
drop the thing in that shape.
To this Malone agreed and, going
down to the Office wrote out his resigna-
tion which he gave to the jailer ANA
departed. There the matter rests at
present.
In his own behalf Malone claims that
he is the victim of a conspiracy to oust
him from his position or railroad him
to JAIL and has engaged counsel to look
after his interests. The resignation was
written under THE hope that by this
means the matter might be hushed up,
although he protests his innocence.
What the exact nature of the evidence
against Malone now held by the sheriff
is that official refuses to disclose. A
diagram of the Jail and the means CT
exit, besides other ncriminatir.g docn-
ments are now in his hands, given to him
by the negro, Charles Matthews, who
was to have carried the stuff into the
Jail and conveyed it to Mccarthy. What
will be the outcome OF the case cannot
be predicted, but should the grand jury
take the matter up and command NJ
Burr to appear and produce the evidence
he has in his possession the entire story
would come to light and the full exten.
Of the proof AGAINST Malone be known