New-York tribune., 1903-09-01
PARKS GETS OUT TO-DAY.
COUNSEL OBTAINS WRIT.
But There's n Sentence on ASSAULT
CorUctiOn Waiting.

Sing Sing will to-day part with Sam" Parks,
the labor leader convicted of extortion at least
for brief time. as tho result Of the granting Of
q certificate Of reasonable doubt in his case by
Justice SeweI Of Brooklyn. The decision was
gained too late yesterday afternoon 70 let Parks
escape from durance vile fer the law requires
that the certificate be filed with the clerk Of
the Court Of General Sessions. and when Joseph
P Eustace Parks's counsel. reached that Of
fee. breathless and painting. he found that it
was closed. and he was obliged to postpone his
relief expedition VI the river for the night
Justice Sewen fixed the bail at $1,000 and the
ornipresent Richard Butler was on hand with
the assurance that Big Chief Devery would
furnish the necessary roll.
But although Parks may see daylight and
exchange stripes for his former stylish tailor
productions. the period of liberty is likely TO
be brief for the District Attorneys Office has
many holds him First on September Is
Parks viii come up for sentence for the as
sauIt case. Of which he was convicted q few
weeks ago and the sentence suspended Al the
request Of District Attorney Jerome
On the other hand, the District ATTORNEY may
take up one of the several other indictments
existing against Parks and bring them to trial
on Wednesday, although Assistant District At
torney Rand said last night he should wait a de-
cision from Justice Blanchard on Parkss appeal
for z change Of venue. Now that Parks is once
more released on bail on the certificate issued
by Justice Sewell. the effort TO obtain bail on
the other indictments for which Parks was held
for S5oho prior 70 his conviction win again he
made
Parks vas sent to Sing Sing on Saturday. His
conviction was for eXtortion in the case Of Jose
phus Plenty. Hoboken contractor. from whom
Parks got $500 for calling of strike In the
case before Justice Sewell Parks was repre-
sented by 7. P Eustace and Colonel Robinson
and Assistant District Attorney Rand appeared
for the People. Parkss last word before he left
the city was 4 boast that he would be back in
side Of week Last Friday his union, the
Housesmiths and Bridgemen. voted TO continue
his pay Of S4S a week alking delegate while
be was i'm prison. Now he will be at liberty and
able 10 direct their affairs until the Appellate
Division of the Supreme Court disposes Of his
case.
The argument before Justice Sewell was heard
en- Saturday and the justice at that time re-
served his decision. Another interesting result
OF the present decision is that sam Parks
viii not he represented by a drspel and rider
less horse IN the Labor Day parade: instead he
will probably be found At the head Of his union.
Reports from Sing Sing. however. agree that
the effect Of even the brief Incarceration nc has
suffered has greatly changed the man. The
striped suit the shaven head. and above all. the
coarse food, which tho luxurious labor lender
found not to his taste. have borne heavily on
him. Moreover. the prison surgeon declared.
after examining him. that he suffering from
tuberculosis and an incurable disease and ex-
pressed grave doubts as TO the effect Of prison
life on him. All in all. it is changed sam
Parks who viii return tomorrow. not to enjoy
liberty hut To face new trials. and perhaps TO
he resentenced IN the assault case. the maximum
penalty for which is a years imprisonment. The
sentence in this case was suspended to remove
all prejudice in the eXtortion cases; now il may
he asked for 10 remove Parks again from the
scene of his labor agitation.
Assistant District Attorney Rand last night
declined to comment or the decision He said;
Il certainly should not Comment until ] sow
the decision aud | have not seen Il Yet. Parks
VIII come up for sentence i'm the assault case
on September L. and | hall move his trial IN
the other cases only after Justice Blanchard
mas decided in the appeal for change Of venue
Justice Blanchard yesterday reserved decision
on the application of Mr.. Eustsce, for change
Of venue for Parks and Timothy Mccarthy. in
indictments on which they have not been tried.
There are three indictments pending against
them.
Assistant District Attorney Rand in opposing
the motion saiG.
No matter what tho newspapers s7ld about
Parks they could not have said anything that
would initiate half so badly against min IS the
fact that he has been convicted. and vet have
never heard or = convict asking for a tfldl IN
another county because the fact Of his previous
conviction would make ID impossible 20 &c a fair
trial on o new charge in the c~lnjy where he
was convicted"
Ossining. y. Y. Aug. y ,Specian.- Sam
Parks does not know tonight that he will Se
leased tomorrow morning His lawyers had
not reached the prison as late 81 o'clock.
and Warden Johnson said IT that time that he
did not expect them until the arrival Of the
:. s,5 train from New York tomorrow morning
Parks spent his DAY to-day IN asserting The
different grades Of hair ir the brush fibr- in
dustry. anC viii he working there Tomorrow
when the lawyers arrive with the papers 10 take
him New-York
Warden Johnson was informed hy telephone
this afternoon of the granting Of the certificate
OF reasonable doubt he would not allow the
prisoner 20 hear The news. - he does not believe
the man should know these things until he has
oficial knowledge