The New York herald., 1922-01-19
TILE TRUST CHIEF
FREED BY HARDING
+. II. Noble Had Served One
Month of Four Months
Sentence.
ILL, HIS DOCTORS SAY
Clemency Denied to Three AS
sociates Now in Essex
County Jail.
ILL, HIS DOCTORS SAY

Francis H. Noble. vice-president of
the Tile Crate and Mantel Manufac-
turers and Dealers Association and
member of the firm Of Leiber & Noble,
1928 Broadway, sentenced November
"a last by Federal Judge William c.
Van Fleet to serve four months in the
Essex county jail for violation of the
Federal antitrust laws, received a
communication of his sentence from
President Harding and was released
January after serving a little more
than a month.
News of Nobbe's release was sur
prise to Samuel Untermyer counsel,
and members of the Lockwood legisla-
tive committee, whose investigation of
the tile association led to Nobbe's in
dictment and subsequent plea Of
guilty. Mr. Untermyer declined to
comment on President Harding's
action.
Ill health was the reason for the
recommendation for executive action,
which was concurred in by William
Hayward United States Attorney, and
Judge Van Fleet. who imposed sentence.
A month after Noble had been ad-
mitted to the prison Dr. Edward Mark
ems, prison physician, received forms
from the Attorney Generals department
with instructions to make an examina-
ton Of Noble. He found. he said
yesterday, Noble suffering from tu-
bercular condition of long standing
which had developed new LESSONS and
that further confinement would seri-
ously menace his life. He supported
the results Of his examination, Hayward
said, with affidavits which were for
warded to Attorney-General Daugherty
with his own recommendation and that
of Judge Van Fleet, who telegraphed his
approval from San Francisco after the
facts had been put before him.
Hayward denied there had been any
attempt at secrecy in freeing Noble. He
explained that Immediately after the
communication came in he went to WASH
ington on official business and assumed
that announcement was made in his abb
sence.
Mr.. Noble now is i'm his home in st.
Adams, l.. l., confined to his bed Mrs
Noble said last night his release had
been sought and obtained because of the
condition of his health. In addition to
his prison sentence Noble paid a fine
of $4,000.
Three codefendants to the same in
Gictment sentenced with Noble were
Herman Petri, 1913 East Twenty ninth
street, sentenced to two months and a
fine of S3.500 Arthur Shilstone, 2704
Morris avenue, The Bronx, and Albert
Schaile, another official of the tile
mems organization, each OF whom was
sentenced to four months and fine OF
$4,000.
The case of Noble and his associates
attracted more than usual interest be-
cause they were the first violators OF the
Federal antitrust laws exposed by the
housing inquiry to draw jail sentences.
Hayward admitted last night that Petri,
Shilstone and Schaibs had sought COM
mutation and their applications had
been disaprpoved by him.
DR.. Markens. the prison physician.
said last night:
Mr.. Noble unquesionably Is suffer-
ing from tuberculosis. He was exam
ined by three physicians besides myself.
two specialists in tuberculosis and an
x-ray man. We were unanimous in our
diagnosis and our opinion that further
confinement would be extremely dam
gerous."
David l.. Podell. an Assistant United
states Attorney. said last night: eff
theme Is any blame attached to the re-
lease OF Noble l will share 1t with
Hayward"
Mr.. Podell said he would suggest TO
Hayward to-day that n Federal phys-
clan make an examination of Noble in
order TO relieve doubts as to the mans
condition.
Special Dispatch 10 TnE New YORK HprALp.
New York Herald Bureau, !
Washington, u. C.. Jan. rs.
Francis II. Noble, head OF the 90
called Tile Trust was released from