The sun., 1917-08-13
BONDS REFUSED
2 DRAFT BOARD
HEADS In TOMBS
Surety Co. Withdraws to
Escape Charge of Being
UnpatriOtic.
o. S. GRAND JURY TO ACT
Case Against Alleged Bribery
Conspirators to Be Pre-
sented To-day.

An effor; to secure the release on bail
Of Louis /. Cherey and Or. Samuel ].
Bernfsld. two Of the three members of
oustsd local exemption board 80, from
the Tombs, where they were committed
Saturday afternoon pending arraign-
nent on a charge OF conspiracy In con-
necton with their handling of the selec-
tive draft, went astray yesterday after
noon.
10000 bond was on the wArden's
desk. United States Commissioner Hitch
cock came down from Yonkers TO take
bail and the accused men were on hand
ready 10 do their part, but AT the last
moment there was a hitch and the pris-
oners were returned to their cells.
Although representative OF the
Fidelity and Deposit Company of Mary
land. which furnished the security. ex-
planned that the bond was withdrawn
because II was believed II would not be
q patriotic act for the company to be-
come bondsmen under the circumstances
Il was explained that the Federal Au-
thorities decided that the defendants
we're in the custody OF the Marshal and
could not be admitted tc bail without
his order. As Marshal Mccarthy
.
oners would have to remain exactly
where they are for the time being.
Case for Federal Grand Jury.
Assistant United States Attorney Ed
win NJ Stanton announced that the
case against Cherey, DR.. Bernfeld and
KAlmAn Grpher, Whe. II Is alleged. acted
In cooperation with the two board mem
bers although an outsider, will be pre-
sented 10 the Federal Grand Jury to-day.
Mr.. Stanton passed part of yesterday
Examining witnesses who. IT is expected,
vil testify, He declined to make
known who they are or what stories
they told him.
The names of the men recommended
BY Gov. Whitman to Washington as sue
eessors TO the ousted members Of board
No, 50 were announced last night. They
are Max Steindler OF 277 Stanton street
lawyer at Al Park Row: Louis Birn-
hak Of s5 Cannon street and DR. LouIt
spAnier Of 103 Cannon street. Severa'
years ago Steindler was n Progressive
district leader in the Sixth Assembly
~ district, but resigned
Il Is expected the three men win re-
eeive their official appointments to-day
In time TO start at noon a brand new
Examination Of all the 72s men passed
upon one way or the other by the olC
board. Special medical examiners will
Ne assigned by the Governor 10 IN,
board TO help IN speeding up the work II
the district, which must be done entirel,
over again because OF the alleged irreg
us-ites that resulted in the undoing o
the board
No Wholesale Irregularities.
Deputy Attorney-General Roscoe Conk
Ing said last night at the State ArsenA
that he wanted il distinctly understoo,
that there are no wholesale irregularitie
+ in connection with yne work Of loca
\ draft exemntinn boards In this city.
7 think it fair TO say" Mr.. Conklini
said, that there isn't any condition o
Wholesale fraud or corruption in tn
city Of New York"
Are you not investigating the wor
O. Two or three other boards?' Nj
Conkling was asked.
y cannot say" he replied.
j Mr. Conkling paid one little tribut
10 the work of board 80. 1t was TO tn
effect that the board had kept it's rec
o-ds in good shape.
There was much activity. telephoni
ana otherwise, at the Tombs yesterda
afternoon after United States Commis
'oner Hitchcock arrived with the in
tsntion 1t was understood. OF formal
accepting bail and releasing the tw
Prisoners
After an hour had elapsed the ex
plsnation was made that the men woul
not be released after all. and this wa
followed by a statement by M. n
Seecher representative Of the bondin
company, that he didn't think II woul
De patriotic for the company 10 60 o
the bond, arrangements for whic
friends Of the men had made with Lou
Topper, another agent Cash TO tn
amount OF $4,000, il is said, was pu
up as security for the bond.
Headkeeper Donovan Of the Tomf
saia he had been notified that the me
II we're In the custody of United State
Marshal Mccarthy and not the warde
and therefore he was not TO release thei
without the order of the Marshal
When It was determined that nothin
would he done with the bonding CON
pany'E security an offer was made {
put " $4,000 cash bail, but Commil
Honer Hitchcock said he couldn't a.
eept cash without an order from
Federal Judge Then friends of II
prisoners asked II real estate securit
would do and the Commissioner replie
mat If real estate bond was offere
ne would take the usual forty-eigl
hours IN which 10 investigate the tit
10 the property.
S"hers " ere Ready 40 60.
" II was said later by Capt onley ]
Understood that II a prisoner is he
ey the United States Marshal he couldr
Oe released unless the Marshal said so
As nobody was able TO get In tout
WIN Mr Mccarthy, the prisoners we
gAen back 70 their cells. They were
ueF sunday best and except for pu
uhs on their hats were ready to lea
~. ~. They were sadly disappointed VIII,
uleN were started on their way for
Vas another nights sleep on Il
sevehth or Federal tier OF the old priso
United states Attorney Knox ga
yesterday that on the whole selectf
oohscrpuon work by the boards in III
SS had heeL carried on in very IA
way which confirms the statement
Othu'N Attornev-ieneral ConkllnR
Nr Knox stiu refrBined from al
euNhing incidents disclosed py an
thlGaNor into the alleged operAtio
VI thf two members OF Board % a,
voc outsider nov under arrest but d
N tt> mat several witnesses who ha
nus 'ar beer examined had sworn IN
nt' ''h"r mad paid money directly
o'' '' more u"rsous or were going