New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-12-04


Innocence of your friend Mr.. Hyde?'
Well that's for the court to say"
he answered. Il didn't try him; don't
know"
With this the deputy commissioner
fed back into the Tombs, whence he
had Just issued. He had by that time
received word through Commissioners
Whitney, his superior, that Justice
Goff wished 10 see him in the morning.
Keepers Obey subpoenas.
The office Of John Kirkland Clark,
Assistant District Attorney, was In
tested with Tombs keepers yesterday
afternoon. They had come obedient to
the subpPnas /. jued by Mr.. Whitman,
and one and all made solemn affidavit
they had never overheard a converse
never conversed with any one who had,
had never instructed TRUSTEES TO spy
upon the convicted banker or his visit
ors. had never, in fact, heard. said or
done anything in relation to the Hyde
case or 70 Robins troubles that was
not in strict compliance with the law
and their duty. They assured Mr..
Clark they had always supported the
District Attorney, so far as In them
lay. in his efforts to see justice done to
malefactors.
ThIrty-fve OF these keepers made
such affidavit. They will all appear be-
fore the grand jury. which will begin
to-day its Joe Doe" inquiry into the
administration Of the county's jails.
The immediate question to be decid-
ed by the grand jurors, Of course. is
whether Hyde has been the recipient of
special favors as Tombs prisoner. 1t
is expected they will personally visit
and inspect the "Cummins shack" in
which Hyde has room and bath.
They will find the "Cummins shack"
so called because the convicted banker
and pal OF Charles II. Hyde was
confined there a year ago. two story
frame building standing against the
main prison building in the Tombs
dens Flynn and Van de Carr lived and
died in 1t.
Hyde occupies one room. on the Sec
ond floor, to which is attached a pri-
vate bath. Its official name is the
hospital ward" Two unbarred win
dows look out upon the courtyard. A
prison bed, two straight backed chairs
and a deal table comprise the furniture
Of the apartment The walls are white
washed. but the floor is uncarpeted.
and there is no wardrobe. The room
has about three times the floor space
Of an ordinary CELL however, and Just
outside the door Is a ten-foot hallway
in which the prisoner may take his
daily exercise.
To Examine Tombs Physician.
Deputy Commissioner Wright ex-
planned on the first day OF Hydes i'm
prisonment that he had put him in the
Hospital ward on the advice of Dr.
Frank A. Mcguire. the Tombs physi-
clan, who considered confinement with
In the cramped dimensions of the ordi-
nary cell would injure the health of q
man the size OF Hyde. The grand jury
will seek information from DR.. Nc
CURE on this point 1t will also inves-
tigate the report that Hyde Is per-
mitted to keep his light going after all
lights in the main prison have been put
out, that he may arise when he pleases
in the morning, and that he receives in
his room In private conference his law
yers and friends tremendous priv
ilege.
But then, as Warden Fallon said:
This is not penal institution. 1t is
a house Of detention"
1t has not been fully decided yet
whether Deputy Commissioner Wright
will be invited to add what enlighten-
ment he can in person to the delibera-
tions Of the Grand Jury.
John b. Stanchfeld visited Hyde yes
terday afternoon. He said later that
to-day, soon after Justice Golf had
passed sentence on his client he would
apply in Part OF the Supreme Court
for an order to show cause why Hyde
should not receive a certificate Of rea-
sonable doubt. The law requires that
the District Attorney have forty eight
hours in which to prepare his answer
to such an order, so the argument on 1t
viii not take place earlier than Friday
afternoon II is understood that Jus
tice Page. in Part /. will hear the argu-
ment.
1t was learned that Robin would
probably be arraigned before Justice
Seabury for sentence on December "a.
Notwithstanding the fact that the for
mer controlling spirit Of the Northern
Bank will be needed as witness for
the state In several trials still to come
growing out OF the collapse Of the