The sun., 1894-12-18
JUSTICE DIVER ON TRIAL.
the Judges nom THAr rHs
CHARGES REQUIRE AN ANSWER,
All hut the Green Goods charge, Fryer
Dissenting Little Lawyer Hate MAKES
sGrent speech and Examipes wit.es.ss
In Very Extraordinary rnshts-.

| The serious proceeding Of trying n Police JUS
tice on charges before the full bench OF the
Common Pleas Court was made comical In SPOTS
yesterday by the doings of William II. Hale, the
little Brooklyn lawyer, who got up the charge.
against Justice Patrick Diver. Justice Diver
was in court with his counsel Daniel q. Rollins
and Abraham Levy. Mr. Hale appeared alone,
| not backed by any OF the taxpayers. who. like
| himself, had signed the charges on information
| and belief. Just what the charges are appears
| below IN decision of the Court. Mr. Hale.
| drew the complaint himself. He induced
men to sign IT, lie was his own subpoena server
and his own detective. No one aided him.
| At the morning session of the court the csso
went along smoothly. The charges were pre-
! sented and objection made to them as .
whole. and to each individually. that they were
indefinite, and that they had hot been verified
| by the technical makers. tho men who had
signed their names for Mr.. Hale.
why" said ex-Surrogate Rollins personal
knowledge is not claimed by one relator. The
charges are made confesscdy on no stronger
knowledge than A would have of u happen ing TO
+ when he knew only what B had told him q
had been informed by ID. Only last week Mr..
Justice Patterson, sitting on the Supreme Court
bench. In case similar to this-that Ia to say,
the complaint was made by Ave citizens, and
the hlleEatOnswere general as in this case do
cided that that sort of complaint would not do"
This was the opportunity for the little lawyer
to throw hlmself. He arose. held two fingers
points down on the table, showed his right hand
between the first and second buttons Of his coat
like Henry Clay or William Sulzer, and began.
Your Honors, this case Is analogous to an
indictment by the Grand Jury. Tho statute
provides that in cases OF this kind any Ave citi-
zens shall make the complaint. Now sirS. from
the very nature Of the case IL Is not possible that
these men shall speak from their own knowl-
edge 1t is not possible that Police Justice
shall be accompanied constantly by body
guard OF five taxpayers"
Now he spoke loudly. and, turning. glared At
the Justice.
"These matters" he shouted. these matters
against Diver are matters of common knowl-
edge Some OF them have been sworn to before
the Senate committee Of this state. Other--rs
are matter-r-rs Of r-r-repute, r-r-reter.r-r-atea
and r-r-reiter-r-rated until they char-r-rge the
very air-r-r-r. The very atmospner is laden.
north and SOUTH over-r-rthe entr-r-re count
er-r-r-ry. | deem IL impor-r-rtant, deem Il
pr-r-ropcr before this high cour-r-r-rt that some
person OF r-r-r-responsibility and r-r-r-reputa-
bilitv shall have sufficient confidence in these
char-r-r-ges TO swear-r-r to them. as have done.
Before high heaven, In my hear-r-r.rt and in
my soul The wheeled like a fash and faced the
leve these charges. l believe ever-r-r-r-r-ry
one Of them. as ever-r-ry man here believes
mor.rrais because whatever.r @ r. instincts % Is UNDER
nor:r-rmal conditions might have er-r-rmitted
tioes. ny Rs continued preseSes on fSc bench.
been piled hsh ON tSe % i%dieia Ggs ppr2rity Sf "
mine has not been da-ragged In the :dust-n:o-
nic;Lo,o ;o; but Il has has been ds;rag.ge there Mr..
his body swayed from side to side in tiIns with
dnre. s; darras.sS in TIE or,rrd1rs m and md IN the
mir-r-r-re as none e'er sawit da-rag-ged bo-
As he talked and swayed, the bobtaIi coat he
wore hitched up his back His back hair shook
2s s up a
half around so that he addressed both the bench
and ..r ING audience: he went on: n:
what believe 70 be ta-r-rue Per-r-rhaps they
are not as specific as their maker-r-rs might
the subterraneous and Shiny methods of this de-
fsndant, da-r-r.r-ipping as they are with things
pa-r-r-rove not only these but more. We srs
Mr.. Hale stopped and looked all around. He
pulled his handkerchief from, his pocket and
RHsRRsdd anissRsd his brow and in moment more he had
The .upsh9t Of 4 was tha. the Court said I.
adyisement, and would adjourn and meet at .
o'clock. when the decision would be announced.
additional charge, which Mr. Rollins agreed reed TO
with pride. The additional charge was as fol-
The prosecutors OF this proceeding. BY william n.
S S Ss snc s ns Of s rSs esr
that said Pirlck Diver has prior TO and since
y %iS the q sSfT S s',.S:
ans @ yo m of nesss ana iass s
rs.ps 81 siss,oa y nsisns sists and sy ossr: n @
10" hs y and of ae
aS s Bs Ssr hf Sss ri :ss PGr: to
Gsrsnt esoS sSfs ass m IN New HSr t
An encouragement TO Mr.. Hale came at 2
O'Clock, when the court reassembled. Chief
bench. On his right, were Judges BookstaVer
and Pryor and on his left Judges Bisehon and
Geigerloh. Judge DAILY announced the opinion.
He said as 10 the objection OF the manner OF the
yerlneation OF the charges;
we md some diversity OF opinion, In the mat
ter OF Bloodgood, Special Justice tried In this
R1
be In effect substantially the same as these. and
osrsa n the pn ssns Sa soSsr decided s
yertcaton was pIoperj and. In seeordAncs with
the custom, We follow the precedent;
tiOn and belief. that said Diver Is habtaally
careless negligent, ana inefficient in the dis
has not attended court from Jan. !, 1904, 10
Nov. IL, except for hfty-slx days, and that
performed the dutleso his office, We are unAn-
imously OF the opinion that this charge con-
be sustained. then IL is sufficient cause for re-
now moysl from ofiiee hence Il Il sufficient to put
At this encouragement the little lawyer
beamed. Judge DAILY went on;
As To the second charge, which IL that the
said Dlvver.on or about the 7th day OF October.
committed a violent A,saut on one Morris Text ul-
sky in a saloon. aud that thus engaging In pub
lie brawl injured his efficiency a Police JUS
tics. say that by an express provision OF the
statutes y Police Justice OF New York Is appoint
ed for the preservation OF the peace such JUS
tice Is empowered 20 punish any person who
breaks the peace BY violating the law. II y his
N tn m n n La =
bench. whenever or wherever he may be. Should
he neglect 70 perform that duty or 70 suppoEt
the Law he 10 guilty OF neglect OF dutyi and NAL
feAsance In ONCE II he himself eCmmits . breach.
The courts have held this n the case Of police
man. H. then, IL is culpable for tho police 70
brawl on duty, 80 much more Is il for Police
Justice"
Lawyer Hale was leaning clear acrosa the
ceedod:
" As TO the third charge. which ls that judge
Diver offered price OF positions and banners
and other valuable rewards ~ the officers In