The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-12-07
THE LEGISLATIVE POLICE COMMITTEE,
The Evidence OF Justice Pearcy, Ex-Justice
Hoome, and Ex- Justice Ciarle--Tho Opera
irons or Straw Bail, bail Masters and
SHINING.

The Evidence OF Justlce Pearcy, Ex-Justsce
Roon,c, and Ex- Justice Ciarke--Tho Opera
irons OF Straw Bail, Bail Masters and.
SHINING.
meeting Of the Legislative Committee Criminal
Matters was held yesterday in the City Library room.
Present. Mefsrs Senator's trosby (Charman), and Hop
kns and Assenblymen Baker, stuyyesant and 0'Keeie
The first witness placed upon the stand WAS
Mr.. Justice Pearcy who testified folows-I am
police sgisrae since January '55; cannot state the
number OF complaints for felonies and misdemeanors
nade before me, the proportion Of convictions and
dsmisas, without reference the records all the facts
OF the cases recorded minute book; the nature
OF the crime depends the time Of examination
requiring time to produce the proper evidence II IL pos
SIDE that posed of for twenty
hours, owing to pressure of business These examira
tions taken by the Clerk the magistrate being pre-
sent generally take the testimsny witnesses nyself
cannot speak az TO the custon Il other magis.rates
remember instance Of prisoners applying to me for
do know that ever informed them Of their right
to appear by COUNSEL in Of eonies
and frequently in petty larcsnies they do APPEAR it
would be very difficult for me to distinguish to whe-
her they lawyers not; how prisoners GO. at the
counsel do not know but presume It Is through the
officers that make the arrest, through the keeper
The prison. or men whom thN call "ropers in;' these
are class that around such places police
courts there others that keep their regular Offices
some OF them lawyers, but presume that some OF
them are on ssheep skim practice; am not lawyer
but have studied law have not yet been admitted and
In cases Of assault and battery we always require wit
ness aside fromths complainant the witness tes.ifying
Mr.. s,uyyesant- 1t is due the magistrates that they
should be informed Of others sayings II stated by
sesianans with counsel to take OF rsuss Sks conn
plants The largest portion Of cases with which deal
are arrested without warrants. In some heavy
suppose that have been kept in Jail days.
by working up case mean to procure the fun dent
night and they ionay open court at the police sta
tons have gone to station houses to discharge admit to
bail Lave understood that the Mayor sent an order to
p"ee capfars not to discharge prisoners unes, the
magistrate duly OPENED court; believe it stated
hst but the city judge and Recorder should dis
charge without appearance; believe It has been the
practice for magistrates without seeing the person under
arrest to discharge BY senoing order lido not know
of my knowledge, for have always examined the
to show whether not there sufficient evil
dence or rot to warrant holding to bail or dischagng
QuestoDThis IL only done in where the parties
are responsible and able to psy supposep
witpessI do not know; have lately dismissed very
poor because his wife s,k such is As far as
possible my practice; there five policemen detailed
as at my COURT the warrants distributed to these
s IN and squs have that
ton houses all records sent to the District Attor
Ds csS s ssD to the s.s the
prosecuted fines imposed for drunkenness other
offences which are paid to the clerk who pays to the
city prison are paid over to the Alms6ouss commisson
era have right to admit to bail at discretion and
|
Q What proceedings do you take about the compe-
tency of baY A. The mans oath and collateral evil
debce require Witnesses identity the persons
ering sometimes send officer to ascertain about
the parties.
O. You have bail called straw bail, have you not
A. never had any experience in that and can't give
you any information.
Q. Do you know whether it exists to any extsnta A.
Not to my knowledge.
Q. Have you known police officers having ami
mostly against woman which has led them to make
comp sins OF vagrancyf A. never heard Of any such
case.
9. Do officers pending examination retain
think has done but it dare not BE- done 80 With
out the consent Of the magistrate
O. suppose an escape, who would be responsible9 A.
Q To whomg A To the Grand Jury; have ncvsr
known Of an escape however, under these circum-
Direct testimony resumed-I have not known person
ally Of the police evying black mail upon the houses Of
prostitution for election purposes for target
iions the Usual to parties complaining to
the court of their distsc but frequently happens
has rsht to give any nstuctions he sends officers
TO the courts shall them; but have the right
deliver process to any man and 50 authorize him t.
@ Have you ever known of officers in their wards re-
fusng to processY A. Yes sir repeatedly that IL
the dculty they consider themselves spnsole to
the Commissioners.
Q. Il there way of furnishing them without the
boardY A. We have no power
9. Did you ever complaint
A. No sir; what is the use; II was remaining in Of
flee would detail my men, and not accept those
furnished by the Mayor for instance Of the nconve-
nsnces Of the present system there is regulation
officer shall ont Of town without the order Of the
Mayor, and may any defeat ends Of public
justice to let any know of the sending Of the
officer.
Ex-JusNce Roome next called, andsaid--I served
three years. from lS45 and was appointed BY the Com
ton only knowledge Of he way in which The police
courts Is Conducted from2outward appearance they
conducted as they have usually been.
O. Do you know how counsel supplied 70 prisoners?
A. have been applied to by officers, but more frequent
y By friends of the parties accused.
IN vcu kpn ~ trok lxos~ 49,
TO keepers OF prisons and to officers for these
A. know That such payments have been made to both
OF those PARTIES have paid 1t myself have not how
ever, done so during; the past eighteen months
q This brokerage that was paid, what its o,jscta
the officer for giving person preference
other; consisted of centage the fees arising
the case i was not paid under specific agreement but
seemed TO be by tacit Understandings the paid
BY the awyer on these thirythree per cent?
this has been done by detailed well BY ward officers.
@. What is the present practice A. do not know
what "a The practice n,w, for never go police
court unless have business; am not informed that
this practice stil exists, but believe that It is still
ried on; because police officers In company with
lawyers and then they having the case in their hands
O. Do you know Of any instances where the Court has
selected counsel, A. No, sir; the only thing that
w bne
Q, Do you tnow IL this system Of brokerage exists
powf A. think may safely say that Is so; Is gene
O. How Is the thing done go as TO evade the awq A.
NO money has ever been paid; It lie loan TO be paid
Nhen caued bave lent these amounts OF and
have never yet seen fit 70 call for their return
@ When you cay you loaned them money, Is II to in
hoduce business 10 your A. Yes sir, without doubt
Q. What is the mode Of examination a,optedq
A. The general practice, Tar az / have
been able to observe Is for the magistrate to be pre-
sent durirg EXAMINATIONS Judge stuart almost always
acted Judge and Clerk both believe that Judge Clark
present during all his examinations but 1t often hap
pens that where there is but Judge In court with
large amount OF business that he is continually in
and out Of the rrcm, and that in the meanwhile the
Clerk conducts the investigation
q. Have known examination 10 IN held ,uyn
the absence of the prisoner charged with the oence2
have heard Of fuch cases but Of my do
not know ofsush thing have never seen an examine
ton Of tina. Kind
q Did you cvor know Of the Of German or other
person. temporarily committed asking for certain coun-
feor, and his reing efused to him until they should
consent to take the favored of the Officer A. No,
Ell, do not.
Mr.. 0'Keefe--I myself know CT such case