The evening world., 1891-11-18
Tho Evening World Prints Arso
ciated Press News.

ciAt0d Press News.
JUSTICE KELLY IN THE HUNT CASE.
JoHN E. KELLY is Q police magistrate
In this city drawing q salary Of $4,000
yearly, compensation commensurate with
the ability necessary to this position. His
conduct in the case Of WILLIAM A. HUNT,
an agent of Mr.. GERRY's Society. recently
arrested for blackmail. warrants investi-
CATION. There is no reason to believe
that Justice KE1.LY's action was the result
of improper motive. Tho question is
whether or not he knows enough about
law and the duties Of Q committing
magistrate to warrant his retention in the
Office he now occupies.
Once more II is necessary to narrate the
circumstance attending the arrest and
discharge of HUNT. This man. salaried
agent of the Society for the Prevention of
Cruelty to Children, went into the saloon
Of one BEcKMANN, showed him his
authority. accused him of selling liquor
TO . minor and demanded $50 hush
money. BBcxMANN, not believing him
to be . Society agent, said he would
pay, and appointed place OF
meeting. Then he got Detective HAYES,
of Capt. RErLLY's precinct, and started
for the rendezvous. He gave Hunt fifty
dollars IN marked bills, and then Detec-
tive HAYES arrested him. The prisoner
was taken to Jefferson Market Court and
arraigned before Justice KELLY. who
let him 20. What occurred during the
arraignment 1t Is hard to tell, a. it was in
q private room, Then false name and
address were put down in the Courts
record hook and all concerned thought
the matter ended.
The court reporters, however, got hold
of the facts, and then came the explana.
tions. It IL Justice KELLY's explanation
that reflects most upon him. Here IL
part Of 1t:
II inquired what the charge WA
against the prisoner, and was told by tn,
lawyer who represented the complainant
that there was NO charge at all; that ther,
had been mistake made in arresting tn,
prisoner. and that Beckmann desired I,
withdraw his complaint"
Justice KELLY says that he then asket
BKcKMANN II he wanted to drop the com
plant. and on his replying in the affirma
tive, discharged HUNT. He asserts he di,
not know what the charge was.
Right here are two points worthy O
consideration. One is. and Justice KELL
appears not to know 1t. that no com plain
ant has right to have counsel withou
permission of the District-Attorney. an,
BEcKMANN did not have such permission
The other 10 that, a mau having bee
arrested. it was his duty as examinin
magistrate to find out all the circumstau
COS before taking any action. He admit
he did not even inquire on what charg
the arrest had been made.
Later. when informed OF the details c
the case. Justice KELLY said he wa
forced to discharge the prisoner becaus
BEoxAANN did not make . complain
against him.
When crime has been committed, tn
ofenSs. according to our laws, is again,
the State. and by reading any one of th
blank afadavits. hundreds of which al
within his reach. Justice KELLY will fin
1t beginning 'Ths People vs. --.
BEcKNANN, when Justice KELLY wa
called into the case. could only b
the complaining witness. Justice KELLY
explanation would indicate that b
thought him both judge and jury. wit
full power to decide whether this Grim
Of blsckmail committed against the peopl
OF New York should be allowed to G
unpunished.
Detective HAYES. who arrested Hun
with the marked hush money in his po
session. could have made committip
affidavit. and in any instance it was Ii
duty Of the Justice TO hold the prison.
for examination. even though he parole
him on his own recognizance.
HUST's case 10 particularly bad In co,
sequence Of the position he held. He b,
hurt the reputation of all the societies .
tsbIished for the putting down of Grim,
Justice KELLY had seen HUsT often in b
capacity ss Mr.. GERnI's representa-,
and must have known him. And yet
says he did not inquire on what chars
be bad been arrested.