New-York tribune., 1922-01-19
Four.Montll Sentence for
Violating Sherman Act
COMMITTED Jan. 8 Upon
Iail Doctors Affidavit
tuberculosis Peril
Seen h> Physician
No secrccy,S Says Hayward,
Who Approved Petition;
Aid Insists on Inquiry

frank H. ACNNe, NiO'- P'S9iueHt OIL
.ss Tile. Crate and Msntel Association,
rso was sentenced TO four months in
the Essex County ial IN Newark for
Violations Of the Sherman antitrust
iaw. has been cut Of prison since
January 8 under orders of President
y'aYdiug. It became known yesterday.
He served six weeks Of his term.
The sentence was commuted by the
President upon the recommendation
o. Colonel William Haywood, United
States Attorney here, who prosecuted
the case. and Judge Van Fleet, the
trial judge. who, it was said. based
their action upon sentations of
the prison physician that Noble had
dercloped serious tubercular condl-
ton and that further confinement
would have endangered his life. The
physicians statements were supported
b. the affidavits OF three other Newark
dsetors.
II appears that no independent in
vs.igation was made by the Federal
,gtorites to confirm the statements
d .hese physicians, none of whom is Il
fsderal employee. Colonel Hayward
n5s he made the recommendation for
yobbes release solely upon the affi-
inas Of the prison physician, whose
s2tement he said he believed to be
tatirely sincere.
In Doctors Care, Wife Says
It is known that Noble, Immediately
rpon his release, went to Atlantic CITY
zith his wife, and after day or two
there returned to his home at St.
Adams, L. l. Mrs. Noble said yester-
Day that her husband was in bed under
the care OF a physician. From other
sources it was learned that the tile
nsnufacturer was seen Tuesday night
md appeared to be in good health.
Under the circumstances, David L.
Podell, Assistant United States Attor-
ny, who aided in the prosecution of
The tile man, said he would recommend
- Colonel Hayward to-day that ply
scian be employed by the department
to examine Noble and determine his
zeal physical condition. 1t is possible,
be said, that this examination will be
made within day or two.
Samuel Unite rmyer, chic counsel to
Ss lockwood committee, expressed
malement when informed of Nobbe's
p release and at first refused 10 bel;evs
ne ,snort Ho doc,irad 70 oalo
s.s..rss. spss' 'A 'ii'eu W i'aNo d
twas emphasized by the Department
ci justice officials that the President,
grant nado,. and +bat tbe "a o0o fne
added 10 tho i,;I ,a,'ta,,ce S,,os ,I1o,rod
to stand ne s"e J"ii +;or Sea'e "a' "'io"eu
~ 90 e.Ap," .lo"
first Jall Terms Imposed
Noble was sentenced on November
q with twentv-nine other individuals
and nineteen cornorations. Noble.
Arthut Schilstonc ard Albert Schaile
we're given four months in iail. and
Herman Petri was given a sentence Of
two months. All the others who
pleaded guilty to Drice-hxinp onera-
tons were fined. The sontences were
regarded as significant. being the 1,rst
jail terms imposed for violations of
the Sherman act. 1t was known that
from the beginning great nressure was
brought to bear from every angle TO
naNe the sentence committed hut Judre
Van Fleet said at the time fiat the
.our men deserved no leniencv while
S,olonel Hayward fought all attemnts to
nave them "lot of With lioh+ fnes
fetri IS to be released on sunday
spon the payment of a So 50o Gno
echaie and Schilstone still have son,o
tine to serve. '0'''e
+ Colonel Hayward il sisted Yesterday
!yqefe had been no attempt at secrecv
us =. sad ne had gone to Washington at
rs l1,,