Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-01-12
JAILED FOR HIS FRIEND
SUBSTITUTE IS INCARCERATEp
AND AUTHORITIES KNOW 1T.

NEW YORK. January 1.-THE Tombs
prison holds a man who ought to be free,
and whom all the officials know to be
wrongly held. This remarkable condition
is due to mix-up in which the clerks Of
the court of general sessions and the
sheriff's Office are involved It is being
made the subject of strict investigation.
The prisoner has been declared guiltless
Of crime, but Is held a substitute for
man who has been convicted and should be
in the Tombs awaiting sentence.
The case had this origin: Joseph Peppe
of No. 400 East 1O6th street and Joseph
Currie of No. 2O66 1st avenue were arrested
last week and charged by Natalie Fer
rari of Mddletown, Conn. with holding
him up at the point Of a pistol and rob-
bling him at 18th street and LIST avenue
When captured, Peppe had a revolver in
his possession and was charged with carry
ing loaded pistol as we'll as with highway
robbery
Peppe is Found Guilty.
Upon the minor complaint Peppe was
tried in the court of special sessions, found
guilty and remanded to the Tombs until
January Is for sentence.
The complaint of highway robbery was
Investigated by the grand jury on Thurs
day and, no confederation being offered.
and the identification of Ferrari being
doubtful, the complaint was dismissed. An
order was sent to the Tombs TO produce
Peppe and Currie before Judge Foster and
the defendants were arraigned In the regu-
lar way. Clerk Cowing asked the repre-
sentative of the district attorneys office
If there were any other charges pendlng
against them, and, the reply being in the
negative, Currie and Peppe were discharged.
They left the court room speedily, and by
an actual court order. man actually held
a prisoner awaiting sentence, was set free:
According to the records, Deputy Sheriff
Spelman received the order to take Peppe
and Currle to court from the Tombs, and
Warden Flynn said that on the papers OPP
posite the name of Peppe was written, ITO
be returned to special sessions.
Not in Clerks Handwriting.
Chief Clerk Carroll was not able to COM
plete an investigation, owing to the early
adjournment Of Judge Cowing's court. but
the word discharged" on the papers is not
in the handwriting Of Clerk George Spin
ney or Clerk Cowing, who have charge OF
matters of this kind.
Deputy Sheriff Spelman obtained bench
warrant and set out to get Peppe back. Ha
went to the neighborhood of Peppe's home
and accosted man who was pointed out
Are You Pepper" Spelman said. Yes
what do you want?'
did you escape from the Tombs ~ Yes"
you will have to stand sentence for
carrying a loaded revolver" well, what do
you think 1t will be?''
'Oh, a fine of IS or SO"
'All right, will go with you"
Spelman was joyous over his capture. but
cloud came up yesterday when he took
his prisoner before Sergeant Germaun Of
the criminal court squad.
1T will go hard with you." said Sergeant
German, "for running away. You will not
get of with fine.
Denies He is Peppe.
The prisoner became alarmed and male
the startling announcement that he was
Joseph Carrico and not Peppe.
What did you say you were Peppe foI?"
"Oh, just to help him out I was told I
would only have to pay little fine and was
ready to do So"
Sergeant Germann ordered Carrico taken
to the Tombs and there 1t was discovered
he was the Joseph Currie who was arrested
with Peppe and had been discharged by the
grand jury.
1T is no crime" said Acting District At
torney Smyth, Ito personate a prisoner and
be locked up in jail"
But in spite of this officials declaration
Carrico Is held in the Tombs when the
grand jury says he ought to be free.
Warden Flynn alleges that the words ITO
be returned to special sessions have been
erased from the papers, but Chief Clerk
Carroll could find no trace Of an erasure
with a microscope.
Personal to River Men.