The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-10-22
HE KEPT "BAD COMPANY"
FoURG MCABE MAS BEEN SEVEN
YEARS Nv PRISON ron IT

Sent HACK TO Eimirn on That Charge, amer
Hts Parole for n Trivial offence, Trans
TERED TO state Prison aud forEoiten-Ois-
trict Attorney Trying to Get Hin Pardoned.
In February, 1888, when Thomas McCabe
was 10 years old, he was sentenced to the Ell
mira Reformatory. At that,time he lived with
his parents at 10l Seventh avenue. With
other boys, young McCnbc was in the habit OF
teasing Henry IIuggcr, who lived at 22t West
sixteenth street, around tho corner from Nc
Cabc's homo. Tho boys made 1t a practice TO
call kuggcr names, such as Herr Most
Anarchist" and the like. because Ruggor wore
a red shirt. On the night of Aug. Do, 1887,
whom Ruggor was on his way home, he had n
wranglc with the boys. Later in the evening
hc and his wife went to the West Twentieth
street police station and made n complaint.
RuRger said that McCabe and another boy had
pushed him down and robbed him.
McCabe and q boy named McDonough were
arrested. They denied Rutgers story and
said that they had only called him names.
They wcro indicted. however, on q charge OF
robbery and tried in the General Sessions. At
the time Rugger, his stepson, Charles Wchncr,
and his daughter Mary were tho only wit.
nesses against the boy. McCabe declared that
he was innocent Of the charge and that be.
cause he had called Rugger names the Ruggcr
aeh''y bfi tNS iopSSis W. ~
even. Daniel Kelly, an inspector in the Build.
ing Department, testified that no was on tho
street at tho time RugKer said he had been
robbed. Kelly said that Rugger was drunk
and that McCabe was not near ut the time OF
the alleged robbery.
a recommendation to mercy; Judge Cowlng
sentenced the boy to Elmira Rcformatory: lie
was released on parole, but aftcrward,, in 1880.
he was returned to Elmira charged with keep
ing bad company"
After two years more IN the rcformatory, on
this fimsy charge. the boy was transferred TO
State prison, and has been there ever since.
Recently District Attorney Olcott got u letter
from McCa6e; which hish said "a DIN, in part Er,.or Inn, 9
80, to finish the term OF twenty years. thus
making fourteen years net time to do instead
would have been due under n sentence to state
prison at first. The cause alleged was that
the ovsrerowdea condition 10, of the re %ref0 %nl tory
for punishment. OF $50 men sent in three
drafts of so men each at that time. l am the
others having boon pardoncd. ! seek my, re-
lease now on the ground. first. Of original In
had been left at Elmira. as sentenced, i Would
long ago have earned my parole; third. that by
transfer to State prison my rights and standinG
life damaged grieyousiy. and the chances of an
prosperity endangered. almost beyond repair.
In my five years and over in prison l have
never been punished
In looking over the papers in The case Se in,:
Col; Follows wrote to Gov. Hill; In 1t Col.
Fellows stated that McCabe should never have
been sent to prison; that the boy would un.
doubtedly have had the jury's verdict upset II
the case had been appealed' and that tho Dis Dis
trict Attorney and Judge CowinS both be-
lieved McCabe was innocent. Col. Fellows con-
Guided by asking Gov. Hill to release McCahe
Immediately, but Gov. Hill paid no more at
tention tn the case,
Now Mr.. Olcott has appealed to Coy, Black
to pardon McCabe. In the letter which he sent
to Albany yesterday Mr.. Olcot. says:
while 1t is contrary 10 the practice OF this
executive chamber, to make report or. .sugge'-
ton "a to the pardon or communication OF prison
ers, / feel constrained to invite your attention
to this case in the interests Of justice and i'll the
considerations render.i II improper. forthwith di-
rect the discharge Of this unfortunate pris-
oner.
fact Is, that for this vague and indefinite ac-
~cusation of keeping bad company a citizen
has been kept in close confinement for seven
years at least in State prison.
when the wenk II not fimsy character of
The proofs upon which this prisoner was origt-
nally convicted are considered, and when II is
also borne in mind that upon the merits OF the
case McCabe should have been pardoned long
ago, il must shock ones sense Of justice and
propriety that for so slight a reason, a reason.
too, which would never be entertained or con
sidered In a court Of justice, this prisoner has
been subjected to such added burden and in
II deem it my imperative duty to invoke the
interference OF your ENcellency in. this pris-
oner's behalf. and beg at the same time to sug.
Rest the necessity OF some legislative enactment
prohibiting the present overdrastic practice Of
discharging prisoners from the Elmira Reform.
atory into State prison upon trivial grounds