The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-05-29
.CROWDITG OF The ROMBS
Nelrly Five Hundred Persons in
the New York Prison.

An Unprecedented Number for This
Season of the Ycar-THe Warden
Issues Orders That No More Pris-
oners Be Sent for the Present
NEW YORK. May 29-Overcrowding OF
the Tombs has prompted Warden Hagau
TO issue orders to the keepers of district
prisons to send him no more prisoners for
the present Short term prisoners are or
dinarily sent to the Tombs the Only pris-
oners held in the district prisons being
those whose cases are pending before the
city magistrates
Warden Hagan said that in the Tombs
yesterday morning were Az prisoners.
Of whom 200 were under Indictment This
number is considered excessive at the be
ginning of sumner when the courts
are about to curtau their work The
Tombs has held as many as 625 prisoners.
but never at this season of the year.
District Attorney PhiIbin resents the
implication that the crowded condition of
the Tombs is due to his failure to dispose
OF business as rapidly as possible He viii
not discuss the matter for publication
but two statements have been given out
from his Office for the purpose of showing
that he and his assistants have worked
industriousIy-
hin disposed Of $50 more indictments dur
ing the first four months of 1901 than
Colonel Gardiner did during the last four
months of 1900 It is admitted that there
are now 617 Indictments pending. as
against SIC when Mr.. PhiIbin assumed Of
fee, but it is asserted that the excess is
due to the large increase in the volume of
business transacted by the grand jury.
partly owing to the vice crusade
Despite the explanations of the District
Attorneys office, lawyers familiar with
the procedure Of the criminal courts de-
clare that affairs are in bad way. and
that before the end of the summer Mr.
PhIlbin viii find himself hopeIessly piled
up with work. The situation they say
Is due to his refusal to adopt the policy
of Colonel Gardiner and others of his
predecessors. who IN many cases accepted
the offers Of defendants to plead guilty to
a crime of lower degree than that for
which they were indicted. The District
Attorneys critics say that this is the
only method by which the courts can keep
pace with the vast criminal business Of
the county, but Mr.. Phnbin holds it to be
his duty to put men on trial for the
crimes with which they are charged by
the grand jury.
It is also asserted that there have been
numerous useless trials. one case cited
is that of John Quinn, the motorman, who
killed David Forsyth, the conductor, and
was convicted last week of murder IN the
second degree. 1t is said that Quinn was
willing to plead guilty Of murder in the
second degree. but that the District At
torney's Office insisted on trying him.
There are now in the Tombs twenty
four men charged with homicide. Of
these Dr. Samuel J. Kennedy and Anto-
Mo VurzO are on trial The case Of
''LampIighteT- John Davis, the negro ac-
cused of the murder of John Brennan,
the messenger, has been tried once, re
suIting in a disagreement of the jury All
the other twenty-one cases have origi-
mated during the last six months The
number OF prisoners of this class is like
" 10 be increased largely before fall, as
II is not the practice OF the courts 10
try homicide cases during the summer
Only one month remains before the
summer schedule Of the courts viii go
into effect. One part Of the Court OF
General Sessions will be occupied nearly
all this time with the Kennedy trial,
which, although in its fourth week, IS
not half finished Another part viii be
kept busy by the cases OF about nifty
gamblers now under Indictment. The
criminal branch Of the Supreme Court viii
be able to dispose OF only a few OF the
pending homicide cases
This leaves only two parts Of the Court
of General Sessions to take care OF the
ordinary business Then VIII come the va
cation Of three months during which only
two parts OF General Sessions are at work
for three hours five days Of the week
These courts are held solely for the puT-
pose Of keeping down the population OF
the Tombs and never pretend to deal with
the bail eases
With the reoDening Of the courts in
October. lawyers say Mr.. Philbin VIII find
the difficulties confronting him more Sc
rious than ever The trial Of Albert T
Patrick for the murder Of William Marsh
Rice viii occupy one court probably dur
ing the remainder Of the year Should
the Court Of Appeals grant new trial
TO MoIineuE. his case VIII be demanding
consideration in another court
One difficulty in the way Of trying
these two cases at one time IS that As
sistant District Attorney Osborne is the
only man in the office familiar with
them. In permitting this state Of affairs,
some Of Mr. Phibin's critics say. he has
made another mistake They declare that
Mr. Osborne is oveTwOTked. while some Of
the other assistants have too little TO do.
It is freely predicted by old criminal
lawyers, however, that on January I Mr.
Philbin win hand over to his successor
the greatest number Of untTied indiCt-
ments in The history Of the Office
Mr- Phubin IS being criticised for delay
ters- One of these is the charge against
two officers Of the TaTTant Company
growing out Of the explosion Of October
= last. This case was handed over TO
the District Attorney by the Coroner on
March 2, but has not yet been submitted
to the grand jury Assistant District
Attorney Walsh, who has 1t in charge.
promises TO present II next month
The delay IN the police prosecutions is
80 -