COPY

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

Sir: –

Referring to Mr. R. V. LaDow’s letter of the 8^th., inst., asking for information as to how William B. Schwartz, #5476, was discharged on Dec. 25^th., 1909, instead of Jan. 9^th., 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. 27^th., 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. 27^th., 1906 for (4) four years, his full time would expire Nov. 26^th., 1910. His good time term, Dec. 25^th., 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

January 11, 1910.
Mr. R. V. LaDow,
Supt. Prisons & Prisoners,
Washington, CD. C.

Sir: –

Replying to your letter of January 8, 1910, relative to the discharge of William B. Schwartz, #5476, beg to say, that I referred your letter to the Record Clerk, and enclose herewith his statement with regard to the case. I have also investigated the records and find that his statement is correct. The Record Clerk on duty at the time the prisoner was received, made the error of fixing the commencement of sentence at December 11, 1906. The mistake was evidently discovered and corrected by a future Record Clerk, but he omitted to send a corrected card to you. The short term of the prisoner expired December 25, 1909, and he was properly discharged on that date. The original card and the corrected one are also herewith enclosed for your information.

Respectfully,

Warden

Source:
Letter from Warden Robert W. McClaughry to Prison Superintendent R. V. LaDow, 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

Department of Justice,
Office of the Superintendent of Prisons and Prisoners,
January 8, 1910

Mr. R. W. McClaughry,
Warden, United States Penitentiary,
Leavenworth, Kansas.

Dear Sir:

In your list of prisoners discharged during the month of December 1909 appears the name of William B. Schwartz, Register No. 5476. Your entry shows that he was discharged on December 25^th ‘by expiration of sentence.” The Department’s records show that Schwartz was convicted at Indianapolis of counterfeiting and sentenced December 11, 1906, to imprisonment for four years and fined $10. That he was received in your institution December 14, 1906, and that his term began December 11. The original record card furnished by you shows his “short term” to expire January 9, 1910, which I figure now to be correct. This does not take into consideration his fine. If he did not pay his fine and his commitment required that he be held for non-payment, he would of course be held thirty days additional.

I should be glad to learn how you came to discharge Schwartz on December 25^th instead of January 9^th or later.

Respectfully,
R. V. LaDow

Superintendent of Prisons.

Referred to Record Clerk U.S.P.
R. W. McClaughry
Warden

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For more information on Robert W. McClaughry and R. V. LaDow, there are papers and books available online:

This book has information on Robert W. McClaughry and his methods while he was Warden at Leavenworth.

http://books.google.com/books?id=X5-ngmwEdeQC&pg=PA255&lpg=PA255&dq=r+v+ladow&source=bl&ots=yxU041RacV&sig=2jh47ORym_Bjfz4uiw3K3WjKDIQ&hl=en&sa=X&ei=WwVfU8SHBtieyAT1s4KYCg&ved=0CCgQ6AEwAA#v=onepage&q=r%20v%20ladow&f=false

R. V. LaDow was the first Superintendent of Prisons. He served from 1908-1915. Letters and correspondence between LaDow and McClaughry can be found at the National Archives.

Source:
Letter from Prison Superintendent R. V. LaDow to Warden Robert W. McClaughry, 8 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