New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-08-01
RIGHTS.

WERE pErRlvED OF THEIR
RIGHTS
Solomon sn,akcc and Joseph Cbarmer. the strlk-
ing ta,lors who were sent to the penitcntiary for
six months each by Justice Hartman. In the Gates
Avenue Police Court, on charge Of lounging we're
before Justice Clement. IN the Supreme Court yes
ter1ny on the return OF wrlts or habeas corpus
sued out by their counsel Edward Moran. whereby
he asked to have the men discharged. Mr. Moran
declares that tho men have received the most unfar
treatment. and that they ought never to have been
sent to the pententary at all. Even II they were
found guilty of ounglng, however sentence OF SIX
months was entirely too for any such onence
The were In the employ CT Fickenstein, kap-
Ian q Goldberg, taiors. In Johnson-ave., and with
others In the same shop, they struck belleV-
ing that they had a grievance and that 10 strike
the best way TO rectify II. They were arrested
while standing in front OF the shop in Johnson-ave..
and were taken before Justice Hartman. Mr..
Moran declares that they cannot speak any English.
and that their rights were not explained TO them as
the law directs the Justice to do. They would have
been able TO employ counsel he says, and to bring
witnesses TO prove their innocence. il they had had
opportunity. but their cases we're hurried
through, and they were each sent to the peniten-
tiary for SIX months.
When the brought up yesterday. Justice
Clement remarked that he would be unable to hear
the case and. as the testimony which would neces-
sarily he taken would probably occupy more than
day. he thought 1t better to dismiss the writ OF
habeas corpus and allow the defendants to appeal
to the County Court from their conviction by Justice
Hartman. Mr. Moran said that that would be
satisfactory. and asked Justice Clement to fix
small bail for each of the and allow personal
bond to be given. lie said that the defendants
he personally would vouch for their attendance
when their cases were called in the County Court.
Distrct-Attorney Backus, who was In court to
represent the prosecution, remarked that however
much he might TO do so. the county could not
accept Mr.. Moran's word. Something more sub
stantial than personal security should certainly be
required from the defendants. They had been
strikers and 1t said that they had threatened
smash windows unless they got what they
wanted. They tried and fairly convicted. and
there really no reason why they should be
allowed to appeal.
These men are Hebrews" pleaded Mr.. Moran
They have been in this country only short time
and they do not know anything of our language
customs manners. on the examination before
Justice Hartman they deprived OF their rights
and the only interpreter provided German
Justice Clement remarked that he should certainly
allow the to appeal from Justice Harriman's
decision He believed that their punishment
too severe for the offence OF which they were ac-
cused.
Mr. Moran does 1t want the facts in this case
to appear" deca Mr. Backus. Both Justices
Hartman and Lemon have been here all day
and the stenographer OF the court also here. and
prepared to prove that the men fairly
and rightfully convicted
Justice Clement told Mr.. Backus tina. he would
not hear the case, and that the might appeal 10
the County Court. He fixed their bail at 500 each.