The sun. [volume] (New York [N.Y.]) 1833-1916, 1892-07-23
ANGERED JUSTICE DIVER.
HE THoUaHT MR.. CoMsTocK CAST RE-
FLECiIONs on HIM.


Warrant In Future-His Statement.
John Blakely, tao Broadway cigar dealer.
who was arrested on complaint Of Anthony
Comstock on Thursday afternoon. was ar
raiened before Justice Diver In tho Tombs
Police Court yesterday morning. During the
proceedings Mr.. Comstock got into an angry
tilt with Justice Diver In which the Justice
said that Mr.. Comstock need not APP
ply to him for warrants In the future.
Tho trouble began rs soon as the prisoner
was brought to the bar. Mr.. Comstock had
drawn up an affidavit in which he described in
detail one of the pieces OF literature which he
seized in his raid on Blakely's establishment
When the case was called ho stepped up to tho
bar and handed this affidavit to Justice Diver
The Justice read 1t carefully and then asked
the complainant why the original was not at
tached to the affidavit. Mr.. Comstock replied
that he would offer 1t in evidence at the proper
time. But want 1t now" said Justice DIV
ver Il want that attached to this affidavit
and marked as an exhibit According to law
1t is part of the complaint, and should be
pinned to the other papers"
II do not care to produce It," said Mr.. Com
stock. cooliy. when the proper time comes
will show It."
Justice Diver was surprised. You will
either give me the paper" he said. " or will
dismiss the case. will not consider the COM
plant for moment without it."
Your Honor" said Mr.. Comstock. this
copy is my only evidence. and as my personal
property refuse to give it up"
DO you mean to say" replied the Justice in
angry tones. that you will not give up that
paper on an order from the Courtp Why.
never heard Of such conduct in court"
If the Court orders 1t suppose must hand
the papers over. but will go to the District
Attorney and get an order to have it returned
to me-"
The District Attorney will grant no such Or
der" said the Justice sharply.
The District Attorney has permitted me to
carry similar papers about for the past twenty
years. II he now refuses TO let me do SO will
60 to the Supreme Court"
don't care where you CO." replied the JUS
tice. That paper belongs to the Court. and
insist on having It handed ua 9ver."'
You will either give me that paper or
:: But your Honor; have good reasons for
portant documents in which rested my sole
evidence in aflldavits in this court before.
some other erS court sn they We're missing T6s
Court had disposed of them. lido not propose
to be caught that way. again"
to his feet no said:
Do you mean to say that this paper is not
safe safe N my hands D9 you mean to insinuate
But, my dear s sir. Mr. Comstock started to
=. don't want any butts" broke in the Jus
tice. " You have cast serious reflections on
me lo1 have no soofs on Thlch to base
by the law l would dismiss the case ut once.
In the future you can apply elsewhere for
VII mo not assst yEn
ally | meant 9sa 1.-THE! the Court
Well. mean your subordinates. the clerks
'' They are honest. You have never dared
make complaint against them"
:" But they will show it to tho reporters. the
very thing wish to bnve avoided"
yer tho na viii 1e
That ATS is ali iII very cry we'll. said Mr.. Comstock.
" II the moment you turn your back they
Mr.; C ;SIi said the Justice: You
though they may be in a more humble pc.
sition than yourself give you my word that
the copy shall not be shown or me s!, with
the case"
Mr.. Comstock handed the paper reluctantly
Bla9ely In $500 bail for examination on We'd.
n n afternoon George Noakes. the owner
went on ha bond store is
Mr.. Comstock yesterday afternoon sent this
statement Of his side Of the affair to THE sun:
number of reporters at the Tombs wanted to
see the exhibits refused. The case was
the Evidence Which held
der to attach it to the complaint. called his
attention to the fact that TIE complaint alleged
tho indecent matter was not attached to the
complaint.
son did not attach my, exhibit was that in a
number OF cases the exhibits had been taken
rom the the complaint or lost after the
dence to be attach cd to the COMPLAINT; pro- pro-
been Obliged to supply flve new se compiai Ht
where the complaints and exhibits had been
lost somewhere between the police court and
five men who had been held for trial. properly
Indicted, It was necessary for me to make du-
which, ortnnately had in each case IN order
to sustain the prosecution against them.
>, also represented to the Court that exhib-
Its were frequently detached from the papers.
and when the case should come for trial were
missing. The Court msconstrued what had
Court. to wit, Judge Diver.
i" In order that there shall no false impress
sion 20 to the public. permit mo to say thnt
YER. and slurrinG remarks against his admins
tration. and do not wonder he Ia sensitive
would Seem to him to reflect upon him. w" nm
familiar with Judge DIVERS administration
since he was first appointed. and take very
great pleasure in saying. in the face Of all tho
assaults that have been made upon him. that
have never seen anything to warrant any as
saults upon him. nor am cogniZant Of any act
IN his part that should not commend itself SO
Tar as his administration of law is concerned,
RS n Police Justice
II do not desire to be Chased among those
who ussail the administration OF justice.
Judge Diver had right to demand OF me the
exhibits. and l had a right to offer my rea-
sons. which tried to do in respectful manner. |
why should not part with documentary evil
!ence. and why should not put the evidence
q q criminal Upon the COMPLAINT; or an in
lictment. where the counsel for the defence
has access to those complaints aud indict- |
ments. and where any friond OF the defendant
may go in and examine them as often as he |
pleases. both In the police, court and in
tho District Attorneys Office, Because
the matter was OF the grossest charac-
porters because 1t Was Of the e .s est
character l refused to attach it to the COM
nlaint. where the reporters or anybody else |
could examine 1t, and because it was inn |
rortant documentary evidence l did what / |
have done for twenty years-held the evidence |
myself in each instance. When the people |
have called for the necessary evidence to con- |
'ict 1t has been forthcom ing There has not |
been single instance where matters placed |
n my custody have been missing during |
hese twenty years In the prosecution VI |
N Rl h.