New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-09-04
THE COURTS.
POLICE JUSTICE sTERNLY REBUKED

POLICE JUSllCE olEhNLi hCDChHD'
A WOMAN SENT TO PRISON ON PAPERS WHICH
JUSTICE SIGNED BUT DID NOT UNDERSTAND
INDIGNATION OF JUDGE DONOHUE
The case Of Libby Doris, who was commit
ted by Justice Smith upon complaint made IN 1872 Tor
which abe was and sentence suspended. came
IN for second hearing before Judge Donohue IN gu
prems Court Chambers yesterday He decided 10 near
the matter In his private room, ana as inc To
porters were excluded the report OF the proceou
ings was obtained from persons who were present. "
was afterward pronounced correct by Judge Donohuo
Judge Donohue spoke of the affair as gross
Her arrest is said have been made IN this way Aoou'
,or,rigbt Ago robbery was perpetrated In panel
house I'm East and. as In the majority VI
suob cases no one could be found to volunteer nforna
ton which would lead TO the punishment OF the gu'y
persons Capt. lyman In whose Precinct the roooeiy
took place. in making a search three days ater"aru'
arrested a man named Grey, in house three blocks
AWAY from the scene OF the transaction. ThiS man
refused to give any information II he had any anu
| Can, lyman. belteying him to be friend Of LIBBY
Doris threatened 40 the story goes to SEM ner W
State Prison under the suspended sentence OF lo1'
unless he disclosed what he was supposed 10 Know
Upon his silence, the woman was arrested auu 'aAo %
fore Justice Smith. This the statement Oh her
Mr. McCleand who alleged that she had nothing 10 w
| with the panel-house robbery.
writ of cerorari was taken out and tothatI JUSTICE
mitted on complaint and evidence for grand larceny.
This was trayersed by prisoners counsel, who aeged
that the commitment void as no complainant ap-
peared and no evidence was taken. Judge Dohonuo
concluded to sift tho matter thoroughly 10 an oio
for a fuller return Justice Smith could make do o'ne
| answer and was subenaed to appear Deiore 'uuso
Donobue Yesterday for the exclusion Oh te
press Yesterday 1t said that such action was no'
nrearraned but merely the result OF circumstances
The proceedings opened yesterday with the admission
OF Mr. DANA who appeared for the Dlstrict-Attorho'
that the commitment false or in other words' 'a
the traverse was and he consented 10 tho
OF the prisoner that commitment but stated tna' NC
had another Indictment against her and warrant oI
her arrest Justice Smith then came n He asked tna'
enc cas-. ma adjourned until D. m, he had come I'M
from the Court Of Special Sessions, winch hau
beep Obliged to suspend its sitting until he retnrneu
Mr. McClelland and Mr. Dana both said that uhder tue
admission OF Mr.. Dana there was no need ior JuSuce
Smiths presence -, -,
Juace Dononue. speaking with great emphasis, said
that ne should refuse permit such Arrangement
or 70 90 on without his presence II Justice smith De-
sired an adjournment he could have IT, IL was nase
of grave importance Practices OF TINS cnaracter iaa
crent into fbe administration OF justice in the ponce
courts and he had made up his mind they suou'u W
Ipsce Smith then made a statement to this effect
He said that week ten days ago the woman now IN
custody was arrested on suspicion OF pelng hpncae
in robbery ptown aud brought before him. but
Can't lyman wanted to obtain more evidence anu sne
wa
him and informed him that there was an indictment
against the which she was conVcCeh Inousn
sentence was suspended Tns took place In the Specai
Scesions while they were holding court. The police
captain also showed him certified copy OF the conVc
and her discharge on her verbal recognizance. Not
being acquainted with the practice ne handeh S 1ne
sions aud asked him II that enough TO make out
commitment on. and Mr.. Johnson said " Yes. inc
commitment was made out and no admitted no sigheu
tHe w,rrant without knowing the contents. fully trust
ing police captain and has CLERK ana presuhs IL u
on hearing this Judge Donohue was indignant:
Tnere was our mistake" he said, " signing paper
sending to prison" HIS Honor went on TO
that Charek aud Gardner were con n0 a
pad Why. if he, Judge OF the sn-
for Instance, restraining the city from taking certain
action aud II he 10 do so without reaulng tue
papers what would Judge Smith think OF nun. g., nauo
tice things done the Civil District Courts anu 'ne
Police Courts which made my blood boil III seemed a.
though right eyerridden: L have made up ny
mind continued bringing down his st upon tue taoo
the bench to morrow While am sitting III this Court
| will stop such practices. an satlsheu tnat cFh1
l. sustained and supported for its political ana
pecunary assistance Policy offices tolerated, panel
houses tolerated. and any OF these people CHOOSE
TO DC independent they taken before police court
and they say their souls are their own judge
Donohue spoke IN this strain for some Time ana resu
an incident IN his experience. Whlle counsel NC haq
case OF man who arrested by police officer; ne
told his counsel he had been bounded down ana hau
paid money, aud had got sick ana tred Oh IT. ana tney
finally arrested hun. haoeas corpus was taken out
the man brought To court, ana tue police tue re-
tIrn that they held him requiston from the Gov
ONO for an unexpred Ierm OF inprlsonhen.;
Tho prison authorities communicated Win, ana
thew replied the had been pardOned nine years
before! -
10 the remark OF Justice Smith that he was very sorry
to mud that his conduct regarded as criminal anu
that he much regretted his action, Judge D0nohue
answered that he also sorry, but what else was III
II crminaf He regarded 1t so and II should not oe
allowed pass He also suggested that the prisoners
counsel Mr. McCleand should lay the matter before
the Grand Jury but the counsel declined ON the ground
that criminal lawyer would be greatly enoarrasses py
any conflict with a Judge of the Court In which ne
practiced and he added that counsel were sometimes
Obliged duty their clients 10 take stand against
the Bench which they would prefer not to take. -
Judge DonOhue thereupon announced that ne should
address communication to ID strlctAttorney Phelps,
requesting him TO lay the papers In this case before the
Grand Jury. The woman Doris was then discharged
on the defective amendment but at once rearresed
on bench for the charge contained I'D the sec
ond indictment III 1874 for which she never was ar