The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-12-08
TIKI LEeIsLAnyE POLICE CoAMFYEE.

The Evsdeace Of Justice Welsh, Chlef o. Pe-
Mce MatssIl, and the Property Clerks or
the Psasoe Court-dsre About the Abuses
OF Criminal Jurisprudencs.
THIRD DAT. :.
The above committee resumed its sitting yesterday
morning. in the hall Of the City Library al the members
being present The first paced upon the stand
was
Mr. Justice Welsh, who testified ~ follows
Q. Are you police magistrate Of ttia city. A. Yes,
cir.
O. Have you read the testimony of the Mayor the
abuses Of the Police Department and courss A. Yes SIR
Q. From what you read, viii you give your opinion
10 what amendments oud be made for the benefit
Of the department. A. As to the suggestion OF the
Mayor for the appointment of police justices by the CO.
vernon, think that the Governor might give us by ap
pontment better police justices than have by acting
intenigently and purely; might he give US better
Mayors than several that have had public confidence
in the integrity Of the chief magistrate Of the city does
not stand SO high in the days of Dewitt Clinton;
Governors likely 10 appoint designing
Mr.. HopkinsI do not know, hardly, and think that
u rather wandering from the point, have not in
hand the entire revision Of the system government
Wttness-Oh, well, but would like to finish now; I
want to say that the Governor il likely appoint
bad men ~ the people are TO elect Them could cite in
Mr. Hopkns--we could all d so, bat we do not wish
TO take too wide range for might otherwise upset
al systems of government. should like 70 have you
stick to the subject.
witnssslf magistrate refuses to receive complaint
other magistrates may and do take it, notwithstanding
what the Mayor has said; there Is understanding
among magistrates this ques 1t Is utual to require
parties to prefer complaints in their own itcts frs
the city Ii sub into police districts for
the convenience OF all pafes object Of the rule s
that the plansnt be more readily med to
attend the examination to which the accused shO aid be
entitled to speedily have, however, issued process after
it had been refused oy another magistrate.
Mr. Crosby-Nhe you have thus issued process has 1t
been from prooli
wne 81 can hardly recolect now case, might do
it on representation of the party comp aiming
Mr.. Hopkins Do you ask the complainant if hs has
made complaint ehewherep
witness-1ft occurred to me- should ask that cues
tom bu. we have sixty dispose of every
morning BY their giving their resi- in other dis
trict we judge Of this they reside in district 1t
Inferred that they have made pr@v complaint
out of that location. Should they live elsewhere e send
them to the proper magistrate.
Mr.. Okeeie-Ibere is rule in reference to the dis
trics OF judges The Mayor or old not positively
destsuo him to say that these understandings exist
Wi.ness-i thought that the magistrate wlfdily re-
fused to take complaint should issue process ii not
likely shouia send them to their court.
pn ia S1e wse 'eef compana wsr d n on aesa
when i bad been refused by al o,her msgistraleS
HitpessYes, have
Mr., Hcphins-Mhst evidense do you require in such
oasesf
witess-There are certain evidences reaching mems
minds cannot ,ell how far cln't suppose case.
III thought man had just cause of complaint should
not refuse 10 do il for instant.
Mr. Uhee e-But II the complainant comes to you, and
resides cut OF your district you send him aways
Winess--At once.
MIR Hopkins Bat there is no statute authorizing YOU
to send him theres
Witness-I believe not
Mr. Hcrtins-t is mere arbitrary exercise of powerS
Enthusiastically 1t expedies business; had
application made to me cay two ago; IL u
OF abandonment the party said she had present resi-
dence but ON inqutrng for place she gave location
out OF my District the defendant ested and it
appeared before me that complainant mad made con-
plant before Justice DAWSON that the charge had
BY him osmissec ofcourse let hero; this shows
the difficulties that would arise II parties allowed
to 60 into any district at pleasure; recolect in
stance kind 1t was the case o womaa that WAS
passed about from to anoh.r til IL hao before
the boz office OF Nioos sal tickets OF sdmission
there was woman in his pe pi1 for the tick
cts at the door and they went in the saloon together
the manager ordered the woman to removed I'm
proper character detailed policeman attempted to
move her by force she resisted slightly strikng the
man white he had hold If her; he conveyed her the
station house
MI. Hopkins here asked what was meant by a woman
of improper character and received for reply that she
was 70 this instance girl of the
Witness resumed--1he woman detained in a cell
all night and in the morning brought before me- when
the Policeman preferred complaint of assault and
tory against her he did not show me proof that she
the statute and c,smsssd the cas- e. on the same day
he was before the Mayor who wore him to an affidavit
h m q s1e snrns the was
Mr.. Osborne refused to issue process whsa the officer
then preferred his compai before Justice Pesrcy and
finally that Judge not knowing all the facts OF the case,
presume, obtained the warrant and arrested the
man, And she was again discharged, believe,
NJ liopeiAs-Wuy uiu tuc may Ut oeciuo W ihsue
warrants
witness-That is his usual course understand; he
took the AFFIDAVIT and passed it to Justice Osborne
Mr.. HI pkins-He approved of the complaint
Witness-Yes SIR and knowing the case dismissed
do since the first of janua last the Mayors office has
been creaed BY an ordinance of the Corporation
What record there of the caseS
Witness-None whatever, other than the note Of dis
Mr.. Hopkins- think that the statute requires that
examining magistrates shall make returns Of all criminal
matters done by them.
wi,ness-I think In this city; follow the same
customs existed when took Office you see sir, in
city like this The District Attorney
the police courts and their records and is almost like
filing them in his Office keep them where they sre
disposed Of; the Mayors Office or room created ss
saying part Of the First District Police Court JUS
toe osbo has de allied to sit there ue
arrangement made it was supposed that Wig
effort would be made by the Mayor to elossthe liquor
stores Sunday, suppress Lottery and po selling
gambling shops and brothel keeping but the criminal
business there has dwinded down TO two thu
Mr. Hopkins suppose that results from the decline Of
crime, under the management Of the Mayors Laughtsr
Wiiness0f course II must, but did not look at Il 10
that light IL did not to me In that way; police
magistrates frequently summoned to the station
monses when my health permits; recolect an instance
when was sent for; i went to the station
sss ON the By the
warrant was produced tho party offered good ball.
when the emcer In chaIge-one OF the lieutenant
to be taken without examination had; at the
time they told that the complainant could not be
found that night, and left
Mr.. Hopkins--i believe there Is no law allowing such
exercise Of power the part of the Msyorf
Witness- believe not; the parties who detained
until morning subsequently examined before Mr.
Justice Brennan who dismissed the complaint, as am
informed, ON the face OF the original affidavit.
Mr.. CIosby-You, intention was to bail without ex
animation supposeS Witness-Yes, sir; the party
would be called up bail: should perhaps but he
would not allow the prisoner to brought up Another
case the police officials arrested several persons for dis
orderly conduct Mt night and locked them up In
the station house; was sent FOR and went down;
I was told that the complainant could not
be found and that the prisoner could not
be bailed or discharged without examination
in that should have tXerci-t1 the discrimination
Of discharging without bail at az. The examination
subsequently, had before Jus ice 0sbu, and the
parties were honorably discharged IN each Of these
and other occasions informed by the officer in
command that a simple written orieg from the Mayor