Evening star., 1929-10-06
|S|NCLA|R RELEASE
DATE EXPLAINED
Jail Superintendent Says
Change in Printed Slip
Caused Confusion.
BY the Associated Press.

By the Associated Press.
Maj. w. L. Peake, superintendent of
the District Joil In which Harry F..
Sinclair Is serving his sentence for jury
shadowing, last night issued a state
ment in answer to newspaper articles
which he said have emphasized what
they designate my error in committing
the date Of the expiration Of his SEN
tence," with reference to good time
communication of the oil mans sentence.
In his statement the jail superin-
tendent recounted the procedure he fol-
lowed in the matter, asserting that he
had dealt with the oil man in the
same manner used with all other
prisoners. The text of the statement
by Maj. Peake follows:
MY attention has been called to
various newspaper dispatches and srti-
cles commenting upon my submission
approval on october 4, 1929, Of the good
time certificate of Mr.. Harry F. Sin
clair. Several of these dispatches and
articles have emphasized what they
designate my error in committing the
date Of the expiration Of his sentence
and have indicated the advantage that
might have accrued to Mr.. Sinclair in
terms which, to say the least, con-
slider somewhat misleading.
To Correct Misunderstanding.
II desire, therefore, to make this
statement to correct any misunder-
standing about my position in this mat
ter because the public generally are
not acquainted with the procedure
always followed in connection with the
discharge Of all prisoners from the Jail,
and which pursued in this instance
without reference to the fact that 1t
happened to be the good-time certifi-
Gates of Harry F. Sinclair.
Harry r. Sinclair arrived at the
Washington Asylum and Jail as
prisoner on May 7. 1929. My authority
to receive and hold him was the COM
mitment issued by the Supreme Court
Of the District of Columbia command
ing me to receive and keep him In my
by due course Of law On the twenty
second day of June, 1929, the Supreme
Court Of the District of Columbia sent
me another commitment. again COM
manding me to receive Mr.. Sinclair in
my custody and to safely keep him
until he should be discharged under a
sentence which the commitment read
was for a period Of six (6) months and
to take effect from and including the
date OF arrival at said Washington
Asylum and Jail I Immediately had
entered on the index card of Harry F.
Sinclair what considered was the date
Of the expiration of his sentence under
that commitment, viz, October 6, 1929.
do this in the case of every prisoner.
He has the right to demand a copy of
his commitment from me. cannot re-
fuse his request. That expiration date
so entered remained on his index card
from the day I received this commit
ment. The procedure was no different
in this than in any other case The
only protection have in holding any
prisoner is the commitment. I have
no right TO keep any one except as COM
manded thereby. The commitment of
June %. 1929, was made out on a
printed form and II the printed text
had not been departed from it, would
have been clear that the sentence was
for six (6) months from that date. as
the printed form read to take effect
from and including this date" but the
word this had been changed before the
word date to the and the words of
arrival at said Washington Asylum and
JAIL had been added thereafter In type
writing. Mr.. Sinclair actually arrived
at the jail May 6. II therefore. the
commitment meant what 1t said-and
that is all I had before mel was COM
manded to hold him for the period Of
six (6) months from that date and had
longer.
Printed Form Changed.
"Then arose the question as to
whether his sentence began to run from
May 6, 1929, or from June %, 1929.
The changing Of the printed form con.
fused me. Because Of the change and
the addition in typewriting it seemed
to have indicated to me that I had
the right to hold Mr.. Sinclair only for
a period of six (6) months from May
s, 1929. Accordingly after the ques--
ton arose felt needed the advise OF
the court in the matter. The ultimate
consequence of an erroneous interpreta-
tion of that language upon my part.
whatever it was. would fall upon me
alone. Therefore, I took the usual
in the case of each and every prisoner
who has earned his good-time certifi-
cate. On october 4, 1929. presented
the certificate of good time in the mat
ter Of Harry F. Sinclair to Mr.. Justice
Siddons showing on its face that Mr..
Sinclair was entitled to his discharge
on october 6, 1929, upon the assump-
ton that was authorized to keep
him under the commitment for the
period Of six (6) months to take effect
from and including the date of arrival
at the said Washington asylum and
jail I presented it that I might be
certain Of my own rights and duties in
the premises by obtaining a judicial
Interpretation of Mr.. Justice SiddonS of
the meaning Of that commitment, and
also because as assistant superintendent
l am authorized to do no more than
to certify that the prisoner is entitled
to discharge for good conduct in COM
pliance with the act of Congress ap-
proved by the judge imposing the SEN
tence, in this case Mr.. Justice Siddons.
Mr.. Justice Siddons then interpreted
the commitment for me and advised
me that Mr.. Sinclair's sentence there
under became effective on the 22d
day of June, 1929, and not on
the date of his actual arrival at the
jail, on May 6, in accordance with his
memorandum opinion, copy Of which
he incloSed to me. This was the be-
ginning and the end Of the entire
matter"