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#Post#: 3347--------------------------------------------------
Compensation For The The Queens County Inmate-Witnesses ?
DIR By: HowBrown1953
Date: September 28, 2024, 8:57 am
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Note penned by Asst. DA Francis L. Wellman on July 7, 1891,
suggested that the three Queens County inmates who testified on
behalf of the prosecution, first at the Inquest and later at the
Trial, should be compensated financially. Until now, I didn't
think there was a plan or even suggestion that the three should
be compensated. At present, I don't know whether anyone took
Wellman up on his idea made 4 days after the verdict.
Theodore Miller, Edwin Smith, and David Gilway ( Wellman spells
it differently, but newspapers and the Coroner's Inquest have
him as 'Gilway) were former cellmates of Amer Ben Ali.
At the time of the Coroner's Inquest when we first run into
these characters:
David Gilway was in the House of Detention for thirty days for
vagrancy. He was originally in the Queens County jail and at the
time Ali was behind bars. Ali would be released a week after
Gilway went to the Queens County facility.
Theodore Miller was in Queens County jail for stealing a
billiard ball. The verdict was six months in jail.
Edwin Smith was in Queens County jail for resisting arrest while
drunk. The verdict was six months in jail.
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#Post#: 7018--------------------------------------------------
Re: Compensation For The The Queens County Inmate-Witnesses ?
DIR By: HowBrown1953
Date: June 30, 2026, 5:38 pm
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In the previous post, Wellman wrote down "five dollars each
allowed" at the bottom left of the document.
Eddie Fitzgerald received a suit for his court appearance. One
of the defense attorneys made a point of asking Fitzgerald
if he'd been paid a visit by one of the prosecution attorneys
and asked about the suit.
Whichever attorney it was ( the name escapes me), it was
standard and proper practice to compensate witnesses.
Buffalo News
July 1, 1891
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HTML https://imgbox.com/Wqkt43Cd][IMG]https://thumbs2.imgbox.com/f5/45/Wqkt43Cd_t.jpg[/img][/URL]
Was it proper for prosecution witnesses to be compensated in the
State of New York in the 1890s?
Yes, compensating prosecution witnesses in 1890s New York was
not only proper, but a standard and legal practice. Fact
witnesses were legally entitled to collect statutory fees, and
the state regularly paid the travel and lodging costs for
out-of-town witnesses to ensure their appearance in court. The
Mechanics of Witness Compensation: Statutory Witness Fees: The
state provided a fixed per diem allowance to cover the basic
costs of attending court.Travel and Subsistence: The District
Attorney’s office had the authority to pay travel fares (like
train or carriage tickets) and room-and-board for witnesses who
had to travel significant distances or wait out the trial in
local hotels.Detention in Custody: In cases of severe crimes
(such as murder), if the prosecution feared a witness was a
flight risk or if the witness was impoverished and unable to
post a bond to ensure their appearance, they could be held in
the city’s House of Detention. During this confinement, the city
paid for their housing, meals, and a small daily allowance to
offset the loss of their freedom.
We know Gilway, Smith, and Miller....and Fitzgerald....received
some money from the State.
I wonder whether any of the female witnesses were compensated.
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