The Providence news. (Providence [R.I.]) 1891-1906, 1903-01-24
Sights Of Great City Confuse Q
Long Term Prisoner.
WOULD ClIMB SKySCRAPEa.
John S. DunnIrg Wanted to See the Great
Metropolis From the Top Of a
Modern Building.

New York. Jan. ei.-John S. Downing
for the first time In a quarter OF a CEN
tury, came from behind the gray walls OF
Sing Sing prison yesterday 10 visit the
city for only a few hours. Behind the
prison walls his hair had grown white
and his eyes were dlmmed.
Downing's eyes tired OF he|panoramic
view of the clty's buildings. lie marveled
at but could scarcely realize. the height
of the towering buildings. They seem
TO be in a fog" he said. To see them and
the city better Downing expressed a wish
that he might stand on the top of one.
For "a years he had measured space only
by the high walls that skirt the prison
grounds of Sing Sing prison. where armed
guards stand and say those within their
keeping shall go so far and no further.
As child with a new toy Downing
wearied OF the din and roar OF the big
city, for his ear drums were attuned only
TO the quiet OF the prison. And when the
court proceedings. which he trusts VIII re-
store him 10 liberty. were concluded. and
Judge Gaynor, in the Supreme court,
Brooklyn, had said. Downing will re-
main I'm the custody OF State Detective
Jackson and stay in New York or Sing
Sing until / decide the case" Downing
turned TO his keeper and whispered. We'll
go back 10 Sing Sing. won't We, Mr..
Jackson?" And he went back.
TO COURT FOR HIS FREEDOM.
Clad in a regulation suit and overcoat
of gray such as is given TO prisoners
upon their discharge from prison, Down
ing arrived at the Grand Central station
shortly before 10 o'clock. He was In the
custody of State Detective jackson. who
treated his companion one would
child and his words, Come this way,
John" were Immediately obeyed, for
prison rules and discipline had made
Downing obedient.
Jackson led the way TO the Grand Cen
tral IL" station and the boarded a train
| for the city hall. Downing was on his
way to Judge Gaynors court In Brooklyn.
| I'm obedience TO writ OF habeas corpus
| that had been sworn out in his behalf
| by Norman j. Marsh. lawyer, who has
| invoked the aid OF tho court TO restore
| Downing TO liberty. since an application
| made a year ago last September TO the
| governor has thus far been fruitless.
Reaching the city hall IL" station.
| Detective Jackson said: Come this
way, John" and Downing ebowed his
| way behind the keeper through the
! crowds. Downing kept within few
| inches Of his guide The old mans eyes
| were directed either at the ground or
straight ahead. He turned his head neith-
( 60 the the right nor 10 the left as Jack
| son hustled toward a car TO cross the
bridge.
NOISE DEAFENs HIM.
Goodness he said, turning TO Jack
| son. amt the noise fearful in New York.
| II don't seem TO me ii was so when /
4 70 1.-Two here -
| people, too" Arriving at the court
| house. Downing was taken into Judge
| Gaynor's court room and given seat
| beside his keeper.
| Mr. Marsh greeted the old man kindly
| and a nephew Of the prisoner introduced
| himself When his case was called Mr..
| Marsh and Deputy Assistant District At
| torney Johnston. from this city. stepped
forward Mr. Marsh then explained that
| when Downing was sentenced for killing
| his wife the penal laws had not been
| codifed.
Murder I'm the first degree was then
| punishable by death, murder i'm the sec
ond degree by life imprisonment and
| manslaughter I'm the first degree-to
which Downing had pleaded guilty-was
| punishable by a term not less than
| seven years" Under tho penal code the
maximum sentence is twenty years. Had
| Downings case been delayed he would
have received the latter sentence.
| Deputy Assistant District Attorney
| Johnson argued that Downing s case was
one for executive clemency only, and that
| Judge Cowings sentence had been proper.
Judge Gaynor questioned whether the
| legislature ever intended TO imprison p
man for life for manslaughter I'm the thirs
degre. He told the lawyers TO submit
briefs today. Then the Judge asked
where f. this man Downing
, Downing stood up and Judge Gaynor
| remarked: You've been I'm prison q long
time" Downing made no reply. Prison
| rules had been well learned and were part
| Of himself The court proceedings con-
| ciuded Downing was again hidden to fol-
low his keeper out OF the court room.
HIS FIRST CIGAR.
MIR. Marsh said he wanted TO have
| Jackson and Downing take dinner witt
| him and led the way across the street
| TO a restaurant whore the diners sat ~
| "A table near a window
"where'd ! go " got out, Downing
said. repeating the question: I'd like to
go up I'm Central Park, light my pipe and
sit on bench and do some thinking
| Then hc smiler quietly Prison rules
forbid boisterous laughing.
You have seen great changes today
"Ye-e.s' but I'm prepared for them. We
| We hear about these things and rcac
about them. I wish my cycsight wa:
better. Its worse since we got electric
| lights M I'm Sing Sing
II was impossible TO get Downing &c
| speak of his crime except 20 say: 81
| don't think ! should have been sent away
| for so long. I didn't deserve il I'm
| nearly II years old The cigar I smoked
| here at dinner was the first I've smoked
| since / went 10 Sing Sing"
Downing and Jackson returned 10 Sins
| Sing prison on a train that left the Gran,
. | Central station soon after 3 o'clock. ",
| will not be brought down 10 this cit!
until Judge Gaynor decides hts case
which will probably be today.
, DowNINGs GOOD RECORD.
1T was through the recommendation o
men whom I defended and who were sen
90 Sing Sing prison that Downng's cas-
was placed I'm my hands. Mr.. Marsh sal,
yesterday. Colonel Appleton and sew
eral other prominent men signed "a pcti
. tion for Downing pardon a year ago las