New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-04-11
PART II.
PAGES II TO 10.
BIG PAY FOR LITTLE WORK.
PRIVATE PRACTICE OF MR.. NICOLIIS AZ.
SISTANTS.
TIE DISTRICT ATTORNEY ALLOWS THEM n
KEEP UP THEIR OUTSIDE BUSINESS.

KEEP UP THEIR OUTSIDE BUSINESS.
District Attorney De Lancey NicolI has no excuse
TO Offer for allowing his assistant Francis l.. Wellman
spend nearly the Whole OF last week In the supreme
Court In trying the suit OF Fire Chief Hugh Bonner
against Oscar HammeIsten for SANDER Mr. Well
counsel for the plaintiff and spent the whole
OF Monday. Tuesday, Wednesday, Thursday ard part
Of Friday in court. Mr. Nicoll's justification OF his
assistants course is decidedly Ingenious Said the
District Attorney TO Tribune reporter
why l sent Mr.. Wellman 10 try that case for me.
| Mr.. Boomers counsel before took this ONCE"
The county pays Dir. Meman ~ 800 a year, and hs
superior calmly directs him spend nearly one week OF
the time for which the county pays him in civil court
trying a private SUIT
There is widespread dissatisfaction among the law
ycvs OF this city, including those affiliated with TAM
many Hail. with the District Attorney for allowing his
staff to continue their private practice 1t doesn't
right said Democratic lawyer, that these
men should draw salaries OF from 5000 to 81, 500
the time engage in private practice
They are grasping more than their share and are TAX
ing business from their brethren who are not so fort
innate to hold public Office"
Another objection to this plan Of carrying water on
both shoulders Is that may lead to the using, con-
scously or unconsciousy, OF the official place to gain
private clients. such thing may without the
design the knowledge OF the assistant district
attorney For instance, he is assigned TO prosecute
| certain criminal 4 friend of the prisoner employs
| the official in outside litigation. 1t would be easy for
the friend 10 III his lawyers mind with stories about
| lie good qualities of the accused man, and thus TO
make the prosecution less vigorous and earnest All
this might without the assistant fully under
standing the Trick that being played on him. Be-
sides, an INSCRIPTIONS prosecutor could make large
sums of money by failing do his duty toward GRIM
nas in consideration Of being employed counsel ~
| a relative friend OF the accused man.
| Another reason why lawyers believe It is unfair to
| allow assistant distuctaUOrueys
cases Is that their Office gives them formidable adj
vantage, especially IN jury trials Jurors likely
to get The idea that because assistant OF the Dis
trictAttorney appears for party the suit, the
ltgant Is or less favored by the municipality,
that his side is In some way the side Of the people at
large. No Juror might formulate this impression in
| words but the effect would be the same.
Corporation Counsel Clark has forbidden his assist
ants to appear in court as counsel in private sns,
but Mr. Nicoll has made such rule for his force.
He allows his assistants TO do much outside business
as they wsh so long 1t does not interfere with
their public duties. This restriction probably troubles
| his men little. II Mr.. Wellman could spend a week
In the supreme Court and neglect the business Vt
| his Office, other could probably attend and find
great many hours T. give to their clients In the course
| OF year.
As matter of fact assistant district attorneys take
much time for outside affairs, and several OF them,
| Wauhope Lynn and John +. Mcintyre among others.
| have private law Offices in other buildings The staff
is large, the work is often poorly DONE that
there must be strong temptation to devote 10 pri-
| vate business hours which really belong to public
| duties. For instance, there than dozen
assistants and deputy assistants and seldom are mora
than three Of them IN court single day. IL. B. d.
saplcr prepares for the Court of Appeals, John
D. Lindsay draws up indictments and attends TO the
Grand Jury, and Mr. Washburn has charge OF the
collection OF forfeited bail bonds. These kept more
or busy. Mr.. NicOn himself spends many hours Q
day In his Office rule.
| Last month there session OF the Court OF
over and Terminer. Most OF the time Mr.. Mcintyre
was in Part Of General Sessions, Colonel Townsend
| was in Part H. and Mr. Osborn in Part Ill. AL Of
| these are deputy assistants. No Of the six men
| who receive 81, 50t year each in court. Ex-
Judge Cunning ). Bedford has done almost nothing
| fer many months MIR. Nco gave him leave Of
absence last month on account OF his he lth Messrs.
Lynn. Davis ana Weeks each In court lew
| 1ays. and Mr.. Lynn did work on the S,iney
murder case. Mr.. Wellman attended T. the prepare
ton Of some which 10 be Tried In oyer and
| Terminer. Just how much actual time this TOOK 10
The talk about the time spent in preparing cases
is insincere good part. OF there Is always
wGik to be done IN capital cases and other Important
cases, but nneenths OF the criminal actions receive
little attention except III court. The prosecutor ex-
seat or while the court Is busy hearing motions or
pleas. Even man who is engaged IN court Is not
! overworked. Most Of the rest OF the force have u
| good deal OF leisure time
Mr. Nicol says that his assistants have lt;le pri-
practice. OF couvse. 1t cannot be learned accu-
rately how much each man has. some Of them nave
none, Others have little Mr. Wellman has a great
| deal lie makes no pletence at conceang the fact
and thinks that he is doing 10 the taxpayers
| who pay him $500 year as assistant distncrat
| torney.