The sun., 1893-12-08
DETENTION OF WITNESSES.
JUSTICE WOULD FAN. WERI EoT
SOME Reid By JAIE OR B<IL.

| The Injustice OF this imprisonme ent." said
the Grand Jury recently in speaking OF the de.
tenton OF witnesses In the House OF Detention,
lie spparent"
1t Is apparent In fact, more apparent than
| real. according to the views OF many most
familiar with all the facts and circumstances
regarding the persons detained and the man
ner OF their detention. The moro statement oi
| the Tact that witness. unable to procure 500
ball. may be forcibly detained for an indefinite
| period to secure his appearance In court seems
to proclaim an Injustice. But before the peo-
pie decide TO deprive the officers engaged in
the prosecution OF criminals OF the ad-
vantage OF the testimony OF witnesses
whose presence at trials could not otherwise
be depended upon. many particulars concern
Ing the class Of people thus detained. and the
conditions under which they are detained.
should be considered IL was In search OF
these facts that Sun reporter recently went
| The House OF Detention is situated at pol
Mulberry street. adjoining the Fifth precinct
police station. Its inmates are wards OF the
District Attorney, and It was to that
oficiaPs office that the reporter nrst ap-
Piled for Information. Assistant District
Attorney UnEer has the details Of the
management OF the House OF Detention
under his particular care. and he first In
formed the reporter on the law bearing ON the
subject To begin with, the detention OF GER
tain witnesses 10 made the duty OF certain
officials by sections 215 and 219 OF the Code of
Criminal Procedure. Section 215 IL as follows:
"On holding the defendant to answer. the
magistrate may take from each OF the mate
rial witnesses examined before him on the
part of the people q written undertaking to
the effect that he will appear and testify at the
court to which tho dispositions and statements
are sent or that he will forfeit the sum OF $100."
Tho VT haa khn aak No
21S. reads:
Ifa witness. required to enter into an un-
dertaking to appear and testify either with or
without sureties, refuse compliance with the
order for that purpose, the magistrate must
commit him to prison until he comply or be
legally discharged"
Here 1t is seen that II Q witness cannot give
500 bail. 1t Is made obligatory upon the
magistrate to send him to prison. And to
prison he goes in every county Of the State.
excepting this. as New York is the only county
having special House OF Detention for wit
nesses. The code says nothing about the
magistrates so to commit witnesses but the
right is exercised by the higher Judges under
One OF the hardships worked by this law.
until 1892. was caused by the fact that neither
magistrates nor Judges were authorized to
stances OF hardships thus wrought were in
cases Of strangers who could furnish only cash
amendment to section 5S1 OF the Code OF Grim
inal PROCEDURE prepared In the Districts At.
cash balls from witnesses. SO. as the law
now STANDS. the only persons committed as
cash. or secure sureties in that sum. The class
OF persons who can do neither will be consid-
cred later. Witnesses are detained SON netimos
who cannot secure their liberty by furnishing
bail in the amour, stated. but In order to Sc
cure their detention under such heavier re-
Qnirement they must be held as accessories.
There are instances where any one with
even slight knowledge OF the methods o:
that the case of the people would speedily melt
away and vanish II every person in;
to ali the Win % why Vf charey Wait.
va, WAS held u under high bail as San an accessory In
Muller and his wife have been detained.
IN q tho pending Meyers poisoning cass But
ostion that inmates OF the House Of Detention
LACK slHO bail only to secure their liberty.
oftor: In its po yer to give precedence to cases
In whcn detained with 'sses are to app pear. but, |
Meyers. whose proper preparation requires
many weeks ofpreliminary work. during which |
wtnessss ,;, are detained: The DISTRICT Attor-
fort OF detained witnesses. ia many cases sup |
plying them with suitable clothing. which they |
before visiting the Hous. OF Detention it.
solt there is another point that may be con- |
justification OF detention OF witnesses. the con.
sttq,innal question. It is often asserted that
condition is an unGe5 dsPrvsy
ton Of liberty, This does not seem
to Se so a. far as the State Constitution
saying :: witnesses shall not be unduiy
detained" implies that they may be de-
that the detention OF Witnesses may be In
many instances the conservation OF the rights
even of the defendant only. rs for instance in
the case OF murder whore an important wit
the maGistrste and under cxamiHstion by the
people only. II such a witness is not detained
WSd Of ie1n.sd hs tine
OF his cross-eXamination by counsel.
M @Si hSSHTry strsst and
are. in fact two separate buildings on the lot.
one back OF tho other, an intervening yard.
house is oecupied by the general Kitchen.
mates. Tho rear house. which is also
four stories high, each floor being
FOR male In ss u ssis
rear house are the heating furnaces and
athroom; on each OF the three floors above
making total ofthirly single beds, On each
Of these floors. having front windows, 10 .
read. ana play cards, The top floor is uSdi:
ytded by partitions and is used as an exercis-
|
the day the men have the free run OF this
building and the yard in front OF it, and are
deprived only of tho use OF their bedrooms
4 rule found necessary 10 induce any exercise
whatever. A. most Of the inmates are disposed
g (, 9ceupy their beds at all permissible hours,
% the library by Miss Gilbert, Visitors having
An order from the District Attorneys office are
ermltted 10 visit Inmates at any reasonable
lour, care heing taken TO exclude only such
visitors as might attempt to square" cases
n which the Inmates are to appear as wit.
lesses. ClerE Snen visit the houss on Sundaya
.nd IL is usually through their kindly Offices
hat the poorest and most friendlrss inmates
secure tho meals for the procurement ot To- |
.acco and other luXures not provided by the
'ly. Intoxicating liquor only being strictly for |
lidden. fach inmate has single iron had
toad sunni sd with linen sheets and pillow |
ases aud plenty Of blankets.
A. O'Clock in the morning the breakfast |
lell rings Tor the mon. Mean aTs served to
hem first, to the women HfterWard. but In the 1
anne dining room. Dinner Is at II. supper NJ
!. Meals are supplied ut u cost TO the city OF
- cents each hy "a woman puFNeYoF. For I
breakfast the inmates receive coffee and bread
md butter. with eggs aud tIed potatoes. or :
'OrK or lamb chops For dinner there are