New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-06-09
New Trial Is Denied.

suicide WHO Cfllnlhdl 'H"I So WIZ
pending against him.
New Trial Is Denied.
Dr Jacob Goldsteiu. Jewish chaplain
of the Tombs prison Frank Marshall
White. writer: Samuel Untermcyer
and Asscmblyman Mark Eisenberg
were convinced that Schwitofsky was
innocent. Yesterday Mr.. Untcrmyer
argued motion for new trial. which
was denied.
The idon;ifcations Of Schwitofsky by
Dale and others were attacked Yester-
day by Or. Goldstein, who said the pc
Ice and the District ATTORNEY had
coached the Witnesses before they saw
Schwitofsky Bernard II. Sander
counsel for Mr. Dale. said that Dale
had committed suicide because he fear
Cd prosecution for perjury as the result
of his testimony against Schvitofsky.
Leo Gelsky. who testified against
Schwitofsky at the lattcr's trial. said
Yesterday that he had done so under
compulsion by the police. The evidence
showed that four or five attorneys had
been appointed by the court at various
times to defend Schwitofsky, and that
the one who ultimately appeared FOR
him had not had fifteen minutes con-
versa alton with his client before the trill
began.
Schwitofsky. who was brought down
from Sing Sing. told sad story Of his
life in this country. He came 10 the
United states from Austria in 1900
with legacy of $4,000. Inside Of four
months he had lost il all in mining
stocks. His family sent him 5000
more. when he married in 1908 and
bought a cigar store.
He listened to two men who offered
10 get him work in a private house IN
,,lonside. Penn. if he would rob Jhe
place for them. He went there deter
mined to he honest. he said, but he
carried out the robbery. taking $1,000
worth Of jewels
III Friend Betrsys Him for $500.
His wife made him recover the jewels
and give them to her 10 return. She
in sick They were stopping with
friends. whose home Schwitofsky had
furnished during his brief period of
wealth. For The sake Of a 500 reward
bs friend betrayed him, and he was
sentenced 10 five years and fine Of
$1,000. During his Imprisonment a son
was born 20 him. His wife died.
In June. 1907. Nc was released. He
had been in New York less than a week
when Kinslcr and DuggaD picked him
M for vagrancy. he said, in spite Of
the fact that MS handbook showed a
balance of SOL. and that he had $50
i'm his pocket The magistrate released
him. but the detectives at the Head
quarters lineup had been warned TO
arrest him on sight as an eX-convict
few weeks later he was arrested
by Kinsler and Duggan for unlawful
entry. No indictment was foun1.
Meanwhile his partner had sold their
restaurant first TO one man and then 10
another.
Schwitofsky bought delicatessaa
store and Duggan and Kinsler again
arrested him as he was returning from
q visit 10 his sick child. Unwisely he
had purchased revolver that evening
He got six months for carrying con-
cealcd weapons. While he was on the
island his son died. When he learned
that ne could not attend the funeral ne
slashed his wrists.
The scars later helped 10 convict him.
as one OF The witnesses said that he
had scarifed with his finger nails the
hands OF the Dale burglar.
The hearing will be continued To-
day. Assistant District Attorney Dele
hanty will emphasize the fact that
Schwitofsky's conviction did not de-
pend on Dales testimony, but upon
that OF far less interested witnesses.
The members Of the board before whom
the hearings are conducted are john
Is. Riley, Superintendent OF Prisons;
state Senator William Townsend, Of
Utica, and Henry j. Mccain, OF Al
bany, ex-city Judge. Hearings are held
in the rooms OF the County Lawyers
Association az 165 Broadway