Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1921-01-20
Raps Secret Pact
District Attorney and
Convict Barney

Boston, Jan. 10 Charses that Dis
trict Attorney Nathan A. Tufts OF
Middlessx county act@d improperly in
connection with the surrender and re-
turn to the state prison of Herman A.
Barney. an escaped convict who had
been serving a term for n1anslaughter
for the killing Of a policeman In Chel-
sea, are made by Attorney General J.
Weston Allen in his annual report
made pubic tonight. Mr.. Allen quot
ed from the report made to him by
Henry F. Hurlburt. a special assist
ant attorney general, regarding an in
vestigation into the Barney ease
which Mr.. Hurlburt Showed that Bar
ney had been hiding in Northampton,
and said:
"A district attorney. at the request
of the fugitive from justice. consent
ed to Withholding the true facts about
his surrender and the place of his
lconcealment. BY the withholding of
this information those who had har-
bored or aided Barney were to that
Iextent protected from detection and
prosecution.
"The secret negotiations between an
officer of the law and an escaped muir
derer affords a melancholy common
tary on the returns which some times
exist between public officials and the
criminal classes. The fugitive feloh
had not been apprehended, trial or
imprisoned within the jurisdiction Of
Middlesex county. The first duty of
the district attorney of that county
would appear to have been to commu-
nicate information of the where
abouts Of Barney to hte officials of
the state prison, district attorney
Hammond of Northampton or the
chief of the Northampton police.
There was no occasion to treat
with Barney for his return. He should
have been taken into custody. Mr.
Hur1burt has established the salsity
of the report which was given to the
public at that time"
The crime for which Barney was
convicted was committed in Chelsea.
which is in Suffolk county. Barney
was committed to the state prison in
June, 1919. and escaped on May %,
1920, in company with Harry MAN.
ster, a murderer who was serving a
life sentence, and Charles Ward a
negro. Ward gave himself up few
days later. Barney communicated
with District Attorney Tufts and sur
rendered to him on June 80, when he
was returned to the prison. Manstcr
! was captured in Chicago In Decem-
Der and brought back.
| In n statement given to the press
at the time of Barney's surrender Dis
trict Attorney Tufts said that he had
received communication from Bar
ney on June 30 expressing a desire
TO talk with him and INSPECTOR Ed
ward P. O'Halloran of the Newton
ponce with reference to return to
PRISON. The statement added that the
district attorney and O'Halloran met
Barney Just outside of Brattlehoro
VT, and that arrangements were made
to return to Mas sachusetts with him ="
| In his report to the attorney general
| Mr.. Huriburt says that his investiga-
tlon proved that Barney never had
left this state but had been in hiding.
In Northampton and that he surren-
Gered On a road leading from that CITY.
He cites letter from Mr.. Tufts TO
the attorney general in October last
admitting these facts and adding that
mis- public statement that Barney had
surrendered near BrattIeboro had been
made because the convict imposed this
condition and Mr.. Tufts felt that 9TH
erwise he would not surrender. He
says Mr.. Tufts had previously re-
FUSED 20 give to the state commission
er of correction details as to Barney's
negotiations and surrender.
Mr.. Hurlburt asserts that after his
escape barney communicated with ac-
quaintances in Cambridge ard that In
] spector O'Halloran learned of Bar.
neys presence in Northampton and
! communicated the fact to District At
torney Tufts after June IS and before
a visit made by O'Halloran and
| Stephen A. Bresnahan. friend Of
| Barney. to Northampton Oh June %
He says further that a man named
! Meisse, at whose house Barney hid in
| NORTHAMPTON, has made sworn state
| ment mat Bresrahan in the course of
! that visit offered Barney proposition
TO surrender to AIr. Tufts on condition
that he should be safely returned to
prison. Meisse further swore, Mr.
Hurlburt says. that Brenanan offered
as an inducement that Mr.. Tufts ex-
pected to be nominated and elected
governor as result of the notoriety
which he would gain through this af-
fair and that he would then be in a
position to see that Barney was par
doned after serving three or four
years. As a result of these and some
further negotiations, the report SAYS.
Barney was surrendered.