The sun., 1903-08-29
WORKING TO GET PARKS OUT.
COUNSEL FURIOUS BECAUSE HE'S
IN SING SING.
blanket Argument Covering the whole
Trial Presented TO support Call
for q Certificate OF Reasonable
Doubt-Parks Ia Sorting BRUSH F1bres.

Parks, late walking delegate and labor
czar, out Of Sing Sing prison and to upset
his conviction OF extorting $500 bribe
from a skylight manufacturer under threat
of strike were redoubled yesterday.
The expensive lawyers who defended Parks
at his trial land whom the Housesmiths'
Union has been assessed to paw we're loud
in their denunciations of the District At
torney's office for having him sent up the
river TO serve his sentence.
Their application for certificate OF
reasonable doubt came UP before Justice
Sewell in the Supreme Court, Brooklyn,
yesterday morning. but the Justice ad-
journed the matter until this morning,
when arguments OF counsel on both
sides will be presented. Assistant Dis
trict Attorney Henry G., Gray appeared
for the people to oppose the motion,
MIR. Rand Of the District Attorneys office,
who prosecuted Parks, being at his homo
In Rye taking rest after his hard work
In the case.
Mr. Gray first asked that tho adjourn
ment be taken until Monday. representing
that Mr. Rand had not had sufficient time
given to him to prepare an argument,
adding that the grounds on which the
certificate was asked were too general In
their specification and were not In ac-
cordanoe with the criminal code.
Mr. Eustace, In demanding an immediate
hearing, complained chat the case against
Parks had been forced to trial without
regard for orderly practice and without
regard to counsel
yxr.2 nj
said Parks's counsel, they took the prisoner
to Sing Sing yesterday, and had his head
shaved. | am informed that the District
Attorney went to the Tombs prison and
said that II the prisoner were not taken to
Sing Sing at once he would turn all the
newspapers in New York city loose on the
warden
This application for an adjournment
ia not made in good faith. know, and the
District Attorney knows. that the verdict
Ia bad and will not stand. We can give
all the bail that is necessary"
Il will adjourn this argument until to-
morrow morning. said Justice Sewell TO
Mr.. Gray. III I adjourn it until next
week will grant the stay. You can take
your choice.
Mr.. Gray said that under these circum-
stances he would argue the case this morn
ing Here are the grounds on which the
certificate Of reasonable doubt is asked:
First-That the Court erred in forcing the
defendant to trial pending decision on his
motion for q change Of venue
SeCond-That the Court improperly re-
ceved illegal evidence upon the trial.
Third,That the Court improperly rejected
Fourtb-~That the Court erred IN denying
tions for discharge.
law and against the weight Of evidence.
SixthThat the evidence offered at the
trial did not establish any crime ,.,
did not establish the crime charged in the
indictment
Eishth--,That there was material variance
the case and the allegations in the indtct-
ment.
between the proof and the allegations In the
indictments.
Tenth Upon all grounds stated in the
Code OF Criminal Procedure as grounds OF q
motion for new trial.
Mr. Rand, at his home in Rye, oharac-
terized as absurd the statement that the
District Attorney or anybody representing
the District Attorneys Office had brought
pressure to bear on the warden OF the
Tombs to induce him TO hasten Parkss
departure for Sing Sing,
AIN the first place" said Mr.. Rand, "the
to do with the matter. 1t lies entirely
with the Sheriff. The action Of the Sheriff
was entirely proper The man had been
tried and convicted. We wished to have
his sentence put Off. His counsel insisted
on its being imposed at once. and 1t was
so imposed After being convicted and
sentenced the mans place was In the State
prison. Every day passed there is counted
against his term Of imprisonment. The
days he passed in the Tombs were not. |
did call at the Tomhs between and o clock
on Thursday afternoon, and then learned
for the first time that Parks had gone TO
Sing Sing
OssINiNa, n. Y, Aug. 2s.-Sam Parks
has been assigned to work in the brush
fibre industry in Sing Sing prison. Tlis
morning he was examined according 70
the routine for newly arrived convicts by
DR., Irvine, the prison physician. and the
doctor reported that he was not a strong
man, his lungs being affected. On this
report Principal Keeper Connaughton,
whose duty It Is to assign new men TO work,
found Parks place In the brush fibre
shop, where only light work is required
He was instructed by convicts who are
more proficient In the work how properly
to separate the different grades Of hair for
the various sizes OF brushes manufactured,
and rapidly learned his duties, which are
not exacting:
In doing this work Parks ia not laborinR
in competition with outside citizen labor,
for these goods are used only In institutions
of the State. He worked from $50 In the
morning until 43O in the afternoon
hours in all.
Tomorrow Parks will be removed from
the AL Adams cell to one In the ninth
gallery, where his gang OF forty-four fibre
sorters are locked up He ia thus far
model prisoner, though by no stretch OF
the imagination could 1t be said that he
looks content.
The prison guards say that the late
manipulation Of strikes didn't sleep well
in his four feet by eight coll on his first
night In Sing Sing. He tossed about on
his little cot, and il was not necessary for
the guard to issue any order to him to
prepare for his first meal In the mesa hall.
for he had heard the gruff voice of the
keeper calling the other prisoners all along
the line, and was ready to turn out when
the keeper reached his cell.
At breakfast Parks could not eat the
hash and cheap prison coffee supplied to
him as TO the other 200 men with him
at table, He simply slipped the coffee,
be mystified at the way his companions
gulped 1t down When the other mon had
finished their meal the keeper raped the
table with his heavy hickory stick, which
was the signal for all to arise, Parks
followed the others into the open air and
then began his first day Of prison life.
Two unemployed iron workers stood in
front OF a Third avenue saloon last night
discussing the Parks case. Said one:
II see they've got the old man UP the
river at last. l wonder how that strikes
him
snl al ,,o,, ,ot