Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1914-02-05
HELD A PRISONER
FOR FIVE MONTHS

to support these children since her
husbands arrest. Mrs. Zingano sought
to save enough money to pay for lin
gano's counsel at the trial. The Sis
saved and borrowed has been placed
with New York attorney as a re-
tainer
Zingano and his fellow prisoner
have been under g. 900 bail since their
arrangement here before a United
States commissioner on September Z.
Neither could secure a bondsman. It
is understood that United States Dis
tr1ct Court Judge John Rellstab has
repeatedly ordered that Jailed prison
ers be placed on trial before those
who could secure ball.
Zingano has been in jail FIVE months
up to yesterday. and as yet United
States District Attorney J. Warren
Davis and his assistants have not
brought the matter to trial.
II is intimated by counsel that the
failure of the Garfield complainant to
identify Zingano and Motto has left
the prosecution without leg to
stand on" and that third degree"
methods are being tried to force lin
gano to tell the identity of the two
men who broke from the police at
Garfield and threw counterfeit money
on the grass in their escape. lin
gano's counsel contends that his client
attended the festival as member of
the Roman Catholic Church repre-
scented there and knows nothing of
the men who escaped from the police.
Wife Unable to Visit Him.
While Zingano was lodged in the
Newark Jail his wife and babies Wis
tied him whenever possible. Since
his removal to Trenton Mrs. Zingano
has not been able to bear the expense
of a railroad trip TO that place. She
has not heard from her husband since
Christmas, her friends say, and the
Christmas message from the prisoner
to his family was written in lead
pencil on a one-cent postcard.
In the message Zingano sought to
build up the hopes of his wife and
children by stating that he was sure
of a quick trial and acquittal after
the long months of delay. He warned
his wife that he woulu not be able
to write again. as he did not possess
two cents with which to buy a post.
age stamp. All the money which
could be secured from relatives anC
friends has been paid to the New
York attorney who will defend Yin
gano should the latter be brought t.
trial.
Illness and worry over her hus-
bands plight have compelled Mrs
Zingano to remain from work. Neigh
fbors declare that the woman is in q
constant state of hysteria and that
brain fever will follow II some relief
is not obtained.
J. Victor D'Aloia. lawyer, of 73S
Broad street. has been retained to
look after Notto's interests. Mr..
D'Aloia could not be located today.
Herman l.. Roth. a member of the
law firm of Roth & Wolf, of New
York, who was engaged to defend
Zingano, declared that he brought the
matter to the attention of Assistant
United States District Attorney
Charles F. Lynch on number of oc-
casions, but was unable to get a sat
isfactory reply. Mr.. Roth displayed
the following letter. written by him to
Mr.. Lynch on January ), 1914, and
marked "Zingano case
1T has been some time now since
the defendant in the above entitled
matter has been incarcerated in the
Federal Jail and as you remember,
at the time the trial was postponed
on account of the death of the Fed
eral Judge CU. S. District Court Judge
Joseph Cross last fall that you would
made soon to the authorities for sup
as possible.
II beg herewith to notify YOU that
unless a speedy trial is had, will
be forced to move to dismiss the in
dictment.
PLEASE bear in mind that this man
has a wife and three small children
dependent on him for their support
They are now in destitute circum-
stances and an application viii be
by his eliminates from the Frank H.
port. They are in actual want of
food and clothing and it seems that
the fault lies with somebody.
Il don't blame you, but there must
be some error somewhere, that a poor
man, innocent, should be kept in jail
for such a length of time without a
trial, as provided for in the consti-
tuition of the United States.
81 repeat that you should be good
enough to take this matter up inn
mediately to arrange for a speedy
trial, all of which lies in your power.
Respectfully yours,
(Signed) "HERBAN l.. ROTH,
Attorney at-Law.
Mr.. Roth added that he was consid-
ering the placing of the facts in the
case before Judge ReIlstab. at Tren-
ton, and United States Attorney-Gen-
,,..1 Mp ot Raship