New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-09-13
JUDGES ON VACATION;
TOMBS PRISON JAMMED
Four Members of General SeS-
sionS Bench Away, While
Cells Are Crowded.
PRISONERS BEG FOR TRIAL
Jurists Paid S17,500 a Year
Work Two and a Half Hours a
Day During Summer Season
Two Sitting Now.

This year again the vacation system
adopted by the $3.50 General Sessions
I judges has filled the TonOs 10 the brim.
Last night there were 731 prisoners i'm the
/ Tombs. some of whom had been awaiting
( trial for four months. Judge Joseph /.
( Mulqueen and Judge Otto A. Rosalsky
are the only judges who have been sitting
| this week. Judge Foster. Judge Swami,
Judge Grain and Judge Malone are enjoy
I ing vacations.
The situation is worse this year than
last. one reason is that no one has been
appointed to take the place OF the late
Thomas G. O'Sulliyan on the General
Sessions bench. The failure to appoint
his successor is said to be due TO doubt
as 10 whether Governor Sulzer or acting
Governor Glynn should appoint him. II
the wrong Governor made tho appoint
mcnt. il was pointed out all the cases
tried before him might have to be tried
= over again.
Under the present system there are
seven judges and six parts Of General
Sessions. During July. August and Sep
TENDER only three judges sit The others
take vacations ranging in length from
one TO four months. Judge Foster IS
scheduled TO sit in Part III this month,
but he is now making up some of his
vacation which he lost by filling in in
Judge O'Sullivan's court after the latter's
death. No other judge has volunteered
to take his place.
So the 73l prisoners wait In the Tombs
for the judges TO return from their vaca-
tons. The Tombs Is far more crowded
now than when Justice COTS grand jury
visited Il last year and filed a present.
ment condemning the prison as unsani-
tary and III managed. Conditions are
CORRESPONDENCE worse now, although
Warden Fallon deals with them as best
he can with the facilities at his disposal.
There are only 800 cells in the Tombs.
Many letters from prisoners have been
turned over TO Probation Officers d. r..
Kimbal and 5. y. Ornitz. Of the Prison
Association. The letters were written to
various judges. The writer's complain OF
conditions i'm the Tombs. where they are
herded with dope !iends.' iunatics and
degenerates. and beg for trial. one
man who wrote TO Judge Foster has been
four months in the Tombs Many have
been there from two 10 three months
one woman who wrote a week ago said
that il was her SEVENTEEN day IN the
prison.
Both Judge Mulqueen and Judge Rosal-
sky are doing what they can TO relieve
the congestion. In Part !. where Judge
Mulqueen IS sitting. ordinarily the session
is given over 10 pleadings and motions.
Judge Mulqueen has had cases called TO
trial i'm his court. in addition 10 hearing
the motions and pleas On no day this
term have less than three cases been dis
posed Of before Judge Rosalsky.
The vacation schedule followed by the
General Sessions judges permits only one
session each day. instead OF two. Both
Judge Mulqueen and Judge Rosa!sky have
slightly exceeded their time limit In this
raspect. their average for the last week
being. for Judge Mulqueen. three hours
and twenty-five minutes. and for Judge
Rosalsky. three hours and I'VE minutes
II they followed their schedule exactly
the average daily session would be two
hours and a half
Four hundred and sixty-siX OF the prls-
oners i'm the Tombs yesterday were
charged 20 General Sessions. There were
S2l indictments pending. on September u
last year there were 4oi prisoners IN me