Letter from Record Clerk

Schwartz, W. B. - 1910-01-11 Letter from Record ClerkCOPY

Jan. 11, 1910.
Major R. W. McClaughrey,
Warden, U. S. Penitentiary,
Leavenworth, Kansas,

Sir: –

Referring to Mr. R. V. LaDow’s letter of the 8th., inst., asking for information as to how William B. Schwartz, #5476, was discharged on Dec. 25th., 1909, instead of Jan. 9th., or later, I have to say that I find in figuring the date of sentence the clerk at the time took the date the Commitment was certified to (Dec. 11, 1906) instead of the date of the sentence Nov. 27th., 1906.

The mistake was discovered and corrected but evidently no corrected card was sent to the Superintendent of Prisons.

Previous to the ruling of the Attorney General, (July 1, 1906) that in the absence of any expression in the Commitment as to when the term of imprisonment shall begin, that is be construed to begin on the day of arrival at the Penitentiary, the time as figured from the date of sentence.

Having been sentenced Nov. 27th., 1906 for (4) four years, his full time would expire Nov. 26th., 1910. His good time term, Dec. 25th., 1909.

As to the $10.00, fine will say that as the prisoner was not commited by the Court, this Institution could not hold him for the payment of said fine.

Very respectfully,

Record Clerk

Source:
Letter from the Record Clerk to Warden Robert W. McClaughry, 11 January 1910, William B. Schwartz, Prisoner no. 5476; Inmate Case Files, U. S. Penitentiary, Leavenworth, Kansas, 1895-1931, Record Group 129; National Archives at Kansas City, Missouri

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