The herald., 1896-03-04
II CAUSED QUITE A STIR
The Expose of Abuses in Police
Court Practice
SOME FLAGRANT EXAMPLES
Attorneys Appear for People They Have
Never Even Seen
SOME FLAGRANT EXAMPLES
Ono Case Where $40 Of a Sis Deposit " as
Appropriated Without Authority-how
to Correct the Abuse

There was a broad grin on the faces of a
number of attaches of the police depart
ment yesterday over the article published
In THE HERALD calling attention to certain
abuses in the police court practice, which
have been brought to the attention OF the
grand jury. 1t has for years been an open
secret that these abuses existed, and that
certain attorneys have from time to time
been favored from some inside source, but
for some reason those in a position 10
know most about these matters have been
very backward in giving information
There is state law against runners" or
s'cappers" for police court attorneys, but
the law has been dead letter, so far as
this city has been concerned. Now that the
matter has been opened up it is believed
that enough evidence can be secured to
warrant action on the part of the grand
jury.
A HERALD reporter was yesterday given
pointers on several especially fagrant
cases, and it was stated that there were
dozens of cases which would not stand in
vestigation.
It was stated in THE HERALD yesterday
that the attorneys, after being posted from
some source, would call upon the parties
accused, and volunteer their services for
what they could save out of the cash
bail deposited. Il was ascertained
yesterday that while this was the
general mode of procedure. in many
cases this was not done. the attorney sim
ply appearing for the offender without any
authorization whatever, and without even
seeing the accused party, enter his plea of
guilty, make an argument TO the court
begging for clemency for his client, and,
drawing down the bail, appropriate the
balance of the bail, after paying the fine.
This has been done on more than one oc-
casion, and in at least one instance $40
was secured out of a Sl5 deposit. without
the attorney ever having seen the person
accused or having been authorized to APP
pear for the party. Not only this, but in
many cases where people from outside
towns have come into the city and been
arrested and jailed as drunks attorneys
have appeared in the police court to repre-
sent these men after they had left the city,
and after making an eloquent plea for
their clients secured the regular $3 or
three days for a plain drunk, and quietly
pocketed the extra 80. This sort of bus-
ness is beyond the comprehension of
reputable attorney. but that it is frequent
ly practiced can be shown beyond the
shadow of doubt.
An especially flagrant case was called to
the attention OF IHE HERALD reporter yes
terday. A woman was arrested on a
charge of disturbing the peace, and de-
posiled Sl5 cash bail, upon which she was
discharged. With the usual disregard for
money which is characteristic of women of
her class, she did not appear in court, pre-
ferring to forfeit the amount rather than
stand trial. In some manner a police
court practitioner learned that there was
$l5 to the woman's credit. Without ever
seeing the woman he appeared in court as
the legal representative of the offender,
made plea Tor a light sentence, and as
the testimony of the arresting officer
showed that it was not an aggravated case,
she was let off with SO fine. The attor-
ney in question simply drew the cash bail.
paid the fine imposed, and pocketed $40.
The case was followed up, the woman was
found. and she declared that, not only had
she never employed the attorney in ques-
tion, but that she did not even know him.
1t has been suggested that there was no
violation of the law in this case, and that
nothing could be done to stop the abuse.
While this may be true, the transaction
was bit OF sharp practice that cannot be
Justified. The question is then asked,
What is the remedy? The law specifically
states that an attorney of record is compe-
lent to draw any moneys in court to the
credit OF a client, and this being the case it
would appear at first glance that nothing
could be done. But this is not SO. The
judge OF a police court. if he wishes to keep
up high standard Of practice, can stop
these matters. lie can call a case, and if
the accused party does not appear an at
tachment can be issued and the case con.
tinued until such person can be found. Ii
1t should appear that the person has left
the city and that there is no possibility of
reaching him or her. as the case may be,
the entire amount of the bail can be for
felted and turned into the city treasury,
where it belongs. The deposit of bail is to
secure the attendance of the party ac-
cused, and an attorney has no right to ap-
point himself as the representative of that
party, and without authority appear and
take the difference between the fine and
the deposit for services. II this rule was
rigidly enforced it would do much toward
cutting off this abuse.
Another thing that has been brought 20
the attention OF the grand jury in regard to
the police courts is the open and fragrant
manner in which certain attorneys solicit
business in the court rooms, even going so
far as to make overtures to prisoners after
they have been brought into court, and are
In the dock. In this case. also, it may be
urged that there is no law against the
practice, but it is in the power of the cours
to make an order forbidding it.
Another matter in which there is room
for reform has also been touched upon, and
that is the practice of handing over war;
rants for the arrest of men already in GUS
tody of the police authorities to constables
for service. In these cases the men are
already in the city prison. and all the con-
stable has to do is to go down stairs, read
the warrant to the prisoners. take them
upstairs to court and charge up his fee.
The grand jury has adjourned until
Tuesday next. when another meeting will
be held, and in all probability the final re-
port will be formulated. 1t may be that in
the hurry OF closing up some of the matters
touched upon may not be embodied in the
report, but they have been considered and
will be presented to the next grand jury if
4hxn..