New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-06-10
DEAD MAN BLAMED
IN "FRAME-UP"' CASE
Witnesses fO- SChWitOfsky
Assail Reputation of
Suicide.
LAWYERS IN CLASH
AT PAROLE INQUIRY
Warden Hanley Tells of Alleged
Hounding of Prisoner
i'm TOmbs.

The inquiry by the state Board Of
Parole into tho case Of Alfred Schwitof-
sky who asserts that his twenty year
sentence TO Sing Sing is the result OF a
"framc-up." was characterized Yesterday
by clashes between James 4. Delchanty.
Assistant District Attorney. and Samuel
Untermyer. counsel for the prisoner The
reputation of Theodore 3. Dale on whose
complaint Schvitofsky was convicted i'm
1911. was assailed, but no witness was able
to tell just why or how Dale testified
falsely against Schwitofsky.
Dale died by his own hand while
charges were pending against him. Re.
fore committing suicide he had told &C
ouaintances that the Schwitofsky case
weighed on his conscience, and that he
would die before submitting TO cross-ex-
animation. According to his housekeeper,
Mildred MoSey, a negro, Schwitofsky was
not the only youth Dale had sent TO
prison. although he always referred TO
Schwitofsky as the twenty-year boy"
Her employer had refused 10 repay
money he had borrowed from her, Mrs.
Mosey asserted. saying that he had paid
$4,000 for fixing up boys and was hard
up He had enlisted her. she said. in an
attempt 10 send young man named
Jack" Young to prison, telling her that
she must testify to seeing Young snatch
a pin from his scarf Magistrate Freschi,
however. reversed the positions of Dale
and Young, and it was while Young's case
against HIM was pending that Dale com
United suicide.
stenographer formerly employed by
Bernard II. Sander, Dale's attorney, told
Of conversations with Dale in which he
had said that he committed perjury in
the Schwtofsky case.
Warden Hanley of the Tombs told OF an
attempt made by Detectives Kinsler and
Dugsan. who arc accused by Schwitofsty
OF bounding him, to have the prisoner
identified as a burglar In 1908 when he was
arrested for carrying revolver The
woman brought in by the detectives, War
den Hanley said, first picked out the
wrong man and then, after converse
ton with tho detectives, returned and
picked out Schwitofsky. He regarded the
whole proceeding as irregular. warden
Hanley said and made note TO that CT
feet in the identification book.
Schwitofsky himself repeated his story
under cross-eXamination by Mr.. Dele
hanty. At the close of the hearing he
was visited by his wife. who smiled
through her tears confident that he would
gain his release
Mr.. Delehanty asked Superintendent OF
Prisons John B. Riley. chairman of the
board. if he should call Kinsler and Dug
gan and other policemen whom he had at
the hearing. They were most ANXIOUS 70
testify, Mr. Delehanty said, but he dlo
not wish 10 take up time Unnecessary.
He reminded the board that the District
Attorney had already had ten years
clipped from Schwitofsky's sentence and
was anxious to bring out the whole truth.
For months the District Attorney put
every possible obstacle in the way OF TINS
Investigation" said Mr.. Untermyer
"I have no doubt" said Superintendent
Riley. seeking to make peace, that II the
District Attorney thought this man inno-
cent OF the second crime as well as the
first he would recommend his discharge
.IJe would do nothing OF the kind said
Mr.. Untermyer
That" said Mr.. Delehsnty, rs an IN
suit 10 the District Attorney. IL Is in
fsrred that the District Attorney woulu
uiIfullv and knowingly keep an innocent
man In prison"
81 simply meant" said Mr.. Untermyer'
that his Office was BIASED In this case