New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-10-27

HE PAYS NO ATTENTION TO THE REFUSAL OF
JUDGE COMING To CONSENT TO COLONEL
FELLows's DEMAND.
Judge Cowing's unmlstakable way Of dealing
with Dstrct-Attorney John r. Fellows met the
appreciation OF lawyers and laymen yesterday. 1t
was reported that was Judge Cowing who on
Fellows's motion. dismissed the indictment against
Colonel William Csrr-rr indicted for forgery and
grand larceny, who seems TO have mysterious
'pulr' in the Dstrct-Attorney' office. His case
has been aired In The Tribune. When the story
out Judge Cowing to the Dstr9t -Attor-
n-y's Office FOR the papers. They were not pro-
ducsd. and all day Thursday ali Judge Cowng could
get about them that they were locked up In
COlon. FeIlowss private drawer
Judge Cowine WAS mucn annoyed at MS inaphV
to get AT the papers. for he did believe that ne
had dismissed the Indictment. He Issued an order
that hereafter such documents should not be taken
from the Office VI the Clerk Of General Sessions
Yesterday the :wo indictments against Carrere. winch
had been missing turned up. They were snsniary
discovered in clerks Office Of the General Ses-
sons and 1t said that they had been there
AL the time, mixed up with other papers"
They show that Csrrere was not discharged by
Judge Cowlng but by Recorder Smyth. TO whom
DstrIct-Attorney Fellows went after Judge Cow
Ing had refused to dismiss the indictments
They are both indorsttl az follows:
Il recommend a dismissal OF the indictment on the
sppllcatio of complainant filed herein. Ii would
appear from that that crime has been commit
ted ard nothing remains for a jury to act upon.
j. r. FELLOWS. Disirict-Attorney."
The following day, October T. as the records snow.
Colonel Fellows went before Judge Cowing. sitting
in part l. and moved that Carrcre be discharged
Judge cowlng refused to dismiss the indictments
Four DAYS later on October s. Fellows went before
Recorder Smyth. VINO placed this indictment on the
papers:
'Indict. disd. on mo. Of D-Atty +. s.
oct g. "a Part H."
That means In plain English. that Recorder Fred
erick smyth dismissed the Indictment on october j
which Judge Cowing had refused to dismiss on Oc-
tober T. -
Judge Cowing expressed establishment when ne
tins Endorsement. but ne refused 10 say any
thing that would reflect upon the Recorder -,
ask questions dhOut u, ne
II was pls that Recorder Frederick Smytn the
Tammany candidate for rejection. mad done the
extraordinary thing Of nufyng the action OF his
brother the bench.
Coionel Fellows. when asked about the case yes
tsrday braZenly said that the Indictment ought 10
have been dismissed and that he would 10 the same
thing over again under ike circumstances. There
Is no record" he said. that Judge Co"lng reused
70 dismiss the Indictments on the compliments
own statement. made TO Mr.. Cnser. the case ought
have been dismissed -
Mrs Torres the complainant has RELAXED how Mr.
Unger practically compelled her to sign the paper
asking clemencV for 'arrsre
Recorder Smvth at first refused to say anything
about the case until he had seen the papers bearing
his ndor sement. They were carried 10 him. ana he
looked them over. but still declined TO make any
explanation. .,
Il cannot talk about this matter now. he said
After | have examined the papers, / may nave
something to say about il.