The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-09-04
TIE CASE OF LIBBIE DORIS.

How . Police Magistrate Signs Commit.
ments-Judge Donohue's Views of Such
Criminal Conference.-The Matter To
Be Laid Before the Grand Jury.
Police Justice Smith has, as the facts would
seem to indicate, unwittingly--or rather wit
lessly-got himself into a predlcament at once Pc
culiar and perpleXing. The facts OF the case, IN
yolving his judicial ENHANCEMENT, and from
which the process OF evolving himself Will
not be so easy, had already been
pretty well exploited IN the course Of two days.
preliminary proceedings before Judge Donohue in
Supreme Court Chambers, but 1t was yesterday
the climax was reached The starting point was
the commitment by Justice Smith OF young
woman known by the dual names OF Mary Wilson
and Llbbe Doris, in default OF $1,000 BAH, to
answer charge OF larceny from the person, said
larceny, 1t is alleged, having been perpetrated
through the process known as the panel game"
All this looked well enough on It's face until her
lawyer came into court upon writ OF habeas
corpus and asked her discharge claiming that the
commitment was not IN due process OF law on
complaint and evidence. The representative
OF the District Attorneys office confessed
that he knew nothing ABOUT the matter and
thereupon Judge Douohue issued an order for
Justice Smith to appear before him and explain
the case. The time Tor this explanation was set
down for eleven A. NJ yesterday. Justice smith
put IN prompt appearance, and so did the
prisoner and her counsel and SO did quite throng
OF curious spectators anxious to know the de'aoue
'RenI II was supposed the explanation would be
made IN Chambers but, instead, the further pro-
ceedngs were had be.ore Judge DOnohue in the
!udges prlyate room. Phase IN she prosramme
pectant crowd. Mr.. McClehand appeared for the
prisoner and Mr.. Dana represented the District
Attorney.
Mr. Dana admitted the truth OF the traverse in.
terposed by Mr.. McCleiand, and mat he could not
hold the prisoner on Justice Smiths cOnmitta,
but stated that she had been indicted formerly
for another offence, and that be had bench war
Justice smith stated that he had come in obedi-
ence TO Judge Donohue's subpoena and explained
that ne had Just LETT the SPECIAL Sessions and
would, II necessary, return at three O'Clock.
Mr.. McCieliand said he saw no need, under the
admission oil Mr.. Dana, for Justice Smith coming
aga.n. 1t could 90 no good. Mr.. Dana also said
there would be no need OF his returning.
Judge Donohue With some warmth refused to
permit any such arrangement II Justice smith
desired an adjournment ne could have 1T. 1t was
matter OF grave Importance. Practices OF this
character had crept into the administration OF
justice IN the police courts, and he had made up
his mind they should tie stopped.
Justice Smith stated, in explanation OF the case
that the woman was brought before him week or
ten days ago on suspicion OF being implicated In
robbery, but Captain lyman asked that she be
renamed TO give MIN Tune 10 get adutlonal
evidence, and she was remandcd. subsequently
Captain lyman came to him in Special Sessions
and handed him the records, showing suspended
sentence on previous conviction against her.
Not beng conversant with such matters, and un-
acquainted with the practice. he handed them to
the Clerk Of the Court Mr. johnson, with
Johnson said they were suf1iclent and drew the
warrant which he frankly confessed he signed
without knowing It's contents trusting the Police
Captains and the Clerks assurances that 1t was
all right
serious mistake IN signing paper he did not
even know the contents or and signing such
paper sending woman to prison. 1t was lesser
offence oil when Cbarllck and Gardner were con-
vlcted. What would be said OF him Judge Dono-
huel IT, as Justice OF The supreme Court, he were
ne had not read lta He had while act
TING cV dis rc ane police courts Which
made his blood boil. 1t seemed sometimes as
though right were overridden there. He had made
up his mind TO break up that sort OF thing II 1t
compelled him to leave the Bench tomorrow. He
was satisfied that crime was sustained and sup
Tor that reason policy ofices and panel houses
were tolerated But If one OF those people chose
court and dared not say their souls their own.
He instanced case 10 his own practice, where o
client OF his. tired OF being bled and bounded
about, was arrested on pretence OF an unexpireo
Ohio sentence, which it was discovered had ex-
pred Dy pardon nine years before.
Justice Smith said that be had seen py papers OF
the previous day that his Honor had given init
nation tnat what he had done was a crime. he
regretted that such thing should have appeared.
Judge Donohue said he was sorry, but what else
was 1t II not criminalY He regarded II SO. 1t
Should not be allowed TO pass.
Judge Donohue here lntmated that MIR. McCel-
land should press the matter further; but Mr..
McCleland excused himself on the ground that his
impaired II he were placed In direct hostility with
q police justice.
muncate with the District Attorney IN rela-
ton to the matter and that II should be laid be-
prisoners discharge on Justice smitns commit att
ment; but this was OF little avail to her as she was
Immediately rearrested on bench warrant on the