New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1922-01-21
i Freed Noble.
And ProudofH,'
SAYS Hayward
There Is No Rule That Man
Has To Be OH Deathbed
TO Be Released; Incident
Is Closed,' He Declares
Secrecy in Act Denied
p,oeecutor Asserts Doctors
Warning Justified Tile
Trust Members Liberty

,..sonsibility yesterday for the release
.tFrancis II. Noble, of the tile trust, a
amber Of the first group of defend
~. 20 receive prison sentences under
=. Sherman antitrust act. Noble
20. freed after serving one-fourth of
a. fsur months sentence. He was re-
....d. on the grounds of i'll health
,.,r.rv s. but the fact that he was at
Nb.ty was not discovered for nine
days.
M,. Hayward said that he was glad
"a accept the responsibility. He was
.,oud Of what had been done, he said
.,d under the same circumstances,
..,u,a DO il again. The prison physi-
..n Ia added, had told him that Nobbc's
~ would be endangered by further
;mnri,onment, and even though, as the
physician stated in his affidavit, "a
ronnlete breakdown" was the worst
that might result, communication of
Nohbe's Sentence was justified, in Mr..
Haywsrd's opinion.
No Further Examination
"Ths Noble incident is closed" said
Mr.. Hayward, who denied that there
would Be any further medical exami
nation Of the tile trust man to ascer-
Gus Is the prison physician thought
II did the right thing and I'm proud
q what / did. would do it again
under the same circumstances, in spite
0, the storm Of criticism which has
just arisen. In recommending the re-
lease did the only thing just and
honorable man could have done. I
hope be does get we'll. I hope he gets
xsll quickly. There is no rule of law
that man has to be on his deathbed
DO released.
sThs 3rst time I heard of Noble S
siekness was when DR.. Markers (prison
,iysiI.an at the Essex County jail)
cane over here and said that Noble
lad suffered q pulmonary hemorrhage
nd that his life was in danger. He
Gd we'd better get him out, and he
ntde such an impression on me that
aid urge executive clemency and asked
Judge Van Fleet to do the same. I had
..v weeks before, but the doctor.
z.rning changed me, as it would any
t.eent white man.
"ill take the whole responsibility
The President and the Attorney Gen
.nl were not connected with it.
.s.ed justly, decently, honorably and
lumsnely. I'd do the same thing
,gsin. have nothing to take back.
thought at the time I did right, and
Aow am convinced l did right.
Secrecy in Release Denied
I'm proud of what 1 did. It's easy
L. H. ,%ctI ID
criticize, but it's different when you sit
you that he's got man who may die
On his hands.
aHere we've been doing big con-
che first time for violating the Sherman
antitrust law; secured convictions
,g,inst the big building trade trusts
ID have gone through with it in spite
4 terrifc political pressure, and yet
tie newspapers criticize us-jump on
on, necks!
There was no secrecy about Nobbe's
,elesm. I was away in Washington
and thought it had been announced in
my absence. In fact, l first heard of
Mobiles getting out several days after
he had done so, from his attorney,
Carl e. Whitney. It's not my business
70 announce pardons. If the news agen-
e'ss tell down on the news it's not our
FAULT
II was pointed out to Mr.. Hayward
that DR.. Markers had not said in his
amdavit that Nobbe's life would be en-
engered By completing his term, but
'nst further confinement will be seri-
oaSly detrimental to his health and
wv. N all probability, result in a COM
Dlete breakdown"
even on what is contained in the
smdev't,'' was Mr.. Hayward's reply. 81
s sa nave made the same recommen-
u.sGn dld. We are not going to take
up we matter Of further examination
=! Nope What could we do? II we
.ouna ne mans health was not as rep
a.. .v'A'so We could not put him back in
-" . oelievc the prison physician
= ~ sincere. know / was, and hone
Noble 4Ssa we'll" A'pe
Illness Sweeps Family
ytnak M. Avery, Of Al p.rL D.
SsSbss present attorney. said t +hat H1 .;
aslsat was i'll in bed at his how MS rs
" " Adams. Queens, that his wife wa 90
" and that their daughter was i'll.
mere has been no special effort to
Uaseai anything about this case" he
ad mo special effort was made hv
w Que, either, to bring about Mr.
Aoooe's release. We took the usual
.scise in making application for elem
'ay Tor MIR. Noble and each of the
s s.a With him and filed these applica
u9ns at Washington"
..Soobe and the men convicted with
S "a were found guilty only of a mis-
.% aor, although Judge Van Fleet
tI.,s'ned them with felons, such as
.xlsaymen and train robbers, in i'm
*!ns sentence.
-, would rather be engaged in a
,a;!icn dollar train or postal robbery. y
s sS Judge Van Fleet, referring to the
,,,.s soi system employed by the tile
~ Than in such 4 practice as this.
s.;saas can no more be justified than
~ 1ootpad to go out on the street
49, @no up an entirely innocent citi-
In . order to get money possibly due
vs,i rom some third man. In fact,
SsS NY much rather be robbed with my
ID meoge IN this way than be held
yMneptitiously."
d, NV @is arraignment, District Attor-
s..oa aayward added = demand for
ssns;.,se sentences, asserting that the
s ~ 'n.n OF fires would be no better
se.." ee.nsing such practices. Never
s,orss' s1'oo0 was deducted at his
alv I;sndasion from the fines origi-
III Imposed, the prosecutor saying
t...,1ss nao learned that five of the
ai,sS NJ would be seriously embar-
Msur financially if they had to pay