The New York herald., 1922-01-20
PUZZLED
OFT!LETRUST HEAD
Seekers for Light Get Va
riOus Versions of Rea-
sons for Clemency.
NOBBE'S SECRET KEPT
DR.. Markens Asserts Other
Tubercular Prisoners
Are Not Liberated.
MANY PRIVILEGES IN JAIL
Washington Puts Blame on
Officials at This End for
Clemency.

David L. Podell. Assistant United
States Attorney, who prosecuted the
tile combine cases. announced yester-
day that he would undertake another
examination of the health of Francis
III. Noble, president Of the Tile, Crate
and Mantel Association, to ascertain
whether Communication of his four
months sentence after month in
jail was justified.
The proposed investigation, how
ever, was predicted upon Mr.. Podell's
being able to find a precedent" for
such a course. In the absence Of such
a precedent, it was indicated. there
will be no investigation.
Mr.. Podell's announcement was one
of numerous manifestations Of anxiety
on the part Of officials connected with
Nobbe's release, lest the failure to an
nounce the communication until ten
days after he was out Of Jail be mis-
construed by the public into the SEM
blance Of an attempt at secrecy and
collusion.
All officials stuck flatly to the state
inent of William Hayward, United States
Attorney, when the Communication leaked
out that the only reason no announce
ment was made when Noble. was freed.
January s. was because Mr.. Hayward
was in Washington and upon his re-
turn to New York assumed that the an
M. -
made in his absence. In support of that
came mass of documents and state
ments.
Hayward Again in yvashingtoh.
Meanwhile Mr.. Hayward has gone
back to Washington. At his offices no
one would venture an opinion regarding
the cause of his visit.
Washington dispatches quoted Mr..
Hayward as saying that his trip was not
connected with the Noble incident,
he was concerned. Other dispatches
from Washington placed the RESPONSE
bility for Nobbe's communication upon the
shoulders of Mr.. Hayward and Judge
Van Fleet, upon whose recommends
tions. Attorney-G General Daugherty said,
he and the President acted. Mr.. Hay
ward said he assumed all responsibility.
The departure of Mr.. Hayward for
Washington halted Mr.. Podells efforts
toward an investigation. when he called
for conference and found Mr.. Hay
ward gone tN
Among the documents made public
by Mr.. Podell was the affidavit OF Dr.
Edward Markens. prison physician of
Essex County Jail, where Noble was a
prisoner. upon which document Mr.. Hay
ward said he recommended commuta-
tion to save Nobbe's health. The affi-
davit, which was dated January g. did
not indicate that Nobbe's life was in
danger. DR.. Markens swore that in his
opinion further confinement of Francis
Noble will be seriously detrimental to
his health and Will in all probability
result in a complete breakdown"
DR.. Markens issued a statement in
which he described the examination of
Noble and the manner In which the con-
illusions regarding his tubercular condi-
tion were arrived at. That statement
was at variance with his affidavit in
that the statement said outside special
lists were called In at the request and
expense of Noble and his friends.
In his affidavit after setting forth
that Noble had had tuberculosis for
twenty years and Imprisonment was ir-
ritating his condition. DIR. Markens said:
I'm view of the condition which
found l deemed II advisable to call In
and did call in two well known tuber
cular specialists, DR.. I. Edward Gluck
man and DR.. Louis Schneider, both of
them connected with public tuberculosis
sanitariums. They confirmed the dag
nosIs which I had made. as will be more
readily seen from their letters hereto an
nexed. I also had an x-ray examina-
tion made by DR.. Charles Frederick
Baker and / annex his report"
Allowed to Use jail Phone.
Noble spent virtually all of his serv-
ice In the prison hospital, DIR. MarlSens
said. and had privileges oven to the ex-
tent of using the telephone to persons
Ioutside the prison, but enjoyed no privil-
seges which we're not granted to other
prisoners.
DR.. Markens said that IL the proposed
inquiry into Nobbe's health were carried
out he was confident his Judgment of
Nobbe's condition would be justified.
II was stated at Nobbes home. in
st. Albans, l.. l., that he was confined
10 his bed under the care of physician
and that II would be several weeks be-
fore he would be able TO go to his
office. 1t was verified that Noble spent
some time at Atlantic City Immediately
explained that the weather did not
agree with him and he left the resort
and went TO his home. Though Ill.
Noble has been seen walking about the
streets of st. Albans. Ii was stated by
persons living there.
Special Dispatch to THE NEw yoaK HEr,tp
New York Herald Bureau.
Washington. ID. C., Jan. 10.
The Administration had no desire TO
veil with secrecy the release of Francis
II. Noble, Attorney General Daugherty
announced to-day. The Attorney Gen.
eral appeared surprised when asked II
the Department Of Justice could explain
the reason for the ten day delay in the
announcement
At the Department OF Justice officials
explained that II Is not an unusual cir
cumstance that several days shall elapse
between the release OF a prisoner and
official announcement of that fact.
Attorney General Daughcrty conferred
with United States Attorney Hayward
Of New York to-day. but II was said that
the Noble case was mentioned only in
cidentally Tho Attorney General did
not summon Mr. Hayward here for that
purpose, II was declared. but desired to
discuss with him other matters con-
nected with pending litigation in the
Southern district OF New York. Since
the Presidents action in granting Mr..
Nobbe's release Is final, the Noble case
Is closed. officials of the Department Of
rJustice declared.