The New York herald., 1879-03-26

sire to subpoena number of policemen -
wAnesses. His client wanted to submit positive and
clear proof to sustain his charge. and wished the
Judge to fix day when the examination would take
place. They proposed to prove that Mr.. Thompsons
entry to the Office was violation OF both the COM
Justice Duffy suggested that if that course
decided upon he would fix such hours OF the
day for the examination would not interfere with
Mr. Thompson's official duties.
Mr. Knox. on behalf of Mr. Thompson. said the
accused were there to waive examination and ask to
have bail fixed. Mr.. Meade insisted that the prose-
cution had right to show that an offence had been
committed and that the accused are the persons
Mitchell behalf of Mr. Gumbleton. quoted
several authorities sustaining the position
magistrate in such case combines the functions
of judge and jury. He was judge of the law and
lection of the magistrate as the accused. He to
decide whether Mr. Thompson and his associates had
violated the law "we have four witnesses here" he
sad and we have fifteen more to sustain the allega-
tions Of the complaint. We cannot waive rights
because they are the rights of the people, Ho
thought the Judge should hear the evidence, Mr..
Gumbeton there on behalf or the people
ExTRAoRDISARY PROCEEDING.
Mr.. Knox replied with warmth He thought 1t
most extraordinary proceeding that Judge should
be asked to throw away his time preliminary
examination made to ascertain whether there had
been probable for the complaint. If there was
then the matter properly belonged to the Grand jury
The moment bail is furnished the object for
The object sought would be attained by
accepting bail and waving examination. Counsel
cited authorities TO sustain the point that he
gested was the proper one to pursue. I've do now
voluntarily. said he. ''what you only compel
to do after long examination. The right to waive
you cannot withhold from the accused II the
prosecution can persuade the magistrate to give
them little cheap notoricty at the expense
of his time it all well and good. By
issuing those warrants You show that your
mind is male up that there is q
case of probable cause presented. We come into
court waving rights to examination and insist.
ing right to be admitted to bail to await the
action of higher tribunal. For you to follow any
thor than 10 wa ha n
prostitution of your ofice the party ends Of
the compainants. He hoped His Honor would not
be made catspaw of for any such purpose.
JUSTICES QUERY.
After considerable additional firing Justice
Duffy propounded question to Mr.. Knox. He
asked :-"Suppose this of felony, and the
magistrate wan ted ascertain what proof could be
away might be sent to the House OF Detention what
them"
Mr. Knox replied that the Judge should exercise
such function "It is part Of your duty" said
he, "to dragnct through the community to find out
whether witnesses may be required We wish to
waive examination. and if the Grand Jury indcts
Judge believe the ailidavits when he granted these
warrants? If he did not. then may God forgive him.
Assuming that these alleged facts are true and your
having issued these warrants are you competent to
Judge Duffy said no would consider the points
presented and render his opinion Saturday morn
ing at ten O'clock to which time he would parole the
prisoners.
Before the accused left the court room their ped-
grees were taken follows Hubert q. Thompson.
aged thirty; born in Massachusetts,; unmarried;
residence, No. 1S5 Lexington avenue. Thomas Co.'S
tigan, aged thirty six married; born in Ireland;
residence, No. 800 West Twenty-ninth street. Ed
ward A. Clarkson, aged thirty born in Ire
land; janitor married. lives in County Court House.
States messenger; unmarried; residence, No. 3i0
East tifty-ninth street.