New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-03-11
Banker, Convicted in 1911,
Must Serve -Four Years
and Eight Months.
OFFENCE "TECHNICAL";
HE HOPES FOR PARDON
Sentence Communication Failing
He Will Ask for Reduction,
Based on Stay in TOmbs.

After nearly three years delay due TO
auirks OF the law and the tangled condi-
ton of the detunct Carnegie Trust Com
pany's affairs. William J. .Cummins was
taken to Sing Sing yesterday TO begin
his sentence of not less than four years
and eight months nor more than eight
years and eight months.
He was taken first TO Police Headquar-
tiers. where his photograph, finger prints
and Bertllon measurements were taken.
With Deputy Sheriff Miller, he boarded
subway train and caught the s:55
o'clock train for Ossinng. Sheriff Grif-
enhagens Instructions TO treat Cummins
Ike any other prisoner and avoid pub
licity were obeyed None OF the COM
muters who shouldered the big, gray
haired man realized that he was bank
or on his way 10 prison for grand lar
ceny.
Cummins was n director, a member or
the executive committee and principal
stakeholder of the Carnegie Trust Com
pany. In April, 1911, following the col
lapse Of the trust company and kindred
institutions, the grand jury which had
been investigating the financial methods
employed, handed up ten indictments
charging Cummins with grand larceny I'm
the first degree.
on November 30. 1911. after trial last
ing twenty-five days, Cummns was con-
vcted OF grand larceny in the first de-
ox.f-
1t was shown that he had appropriated
70 his own use four checks aggregating
$4,000. the property of the Nineteenth
Ward Bank and drawn to the order of
the Carnegie Trust Company. The sum
was to be held IN trust BY the Carnegie
Trust Company.
After his conviction Cummins was in
the Tombs for several weeks while wait
ing for a decision from Justice Cohalan
upon his request for a certificate Of rea-
sonable doubt admitting him to bail. lie
served his time in the Tombs IN the
warden's quarters-a small building
which had been used as a residence by
the late Warden Flynn. In reply TO
criticism of his action in giving Cummins
roomy quarters, William J. Wright, Dep
uty Commissioner OF Correction, said that
Cummins's health required the taking OF
certain exercises and that he was too
corpulent a man to exercise in an ordi-
nary cell.
4 certificate Of reasonable doubt was
granted, and Cummins went first to the
Appellate Division. with his appeal. The
Appellate Division upheld his conviction
and appeal was taken 70 the Court OF
Appeals On October 81. 1913, the Court
OF Appeals sustained the conviction and
n few days later Cummlns surrendered
himself and was again locked up In the
Tombs-this time I'm an ordinary cell. His
counsel, Herbert G. Smyth. made an un-
successful attempt TO appeal 10 the Su-
preme Court Of the United States on con-
stitutional grounds.
From October until yesterday Cummins
WAS held In the Tombs upon wrlts OF
habeas corpus-in order to produce testi-
mony-issued by Judge Holt, OF the fed
eral court. The writs called for Cum
mins'e appearance before Macgrane Coke.
referee I'm bankruptcy. In all there were
moro than thirty hearings before the
referee.
It was to straighten out his own ahairs
In bankruptcy and claims against him by