New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-08-06
HOT WORDS IN COURT.
A LAWYER AND A JUSTICE OF THE
PEACE GET ANGRY.
THE TROUBLE WAS ALL OVER A PETIT LARCENY
CASE THAT CAME Up ON A HABEAs

CASE THAT CAME Up ON A HABEAs
CORPUS WRIT.
Possibly the hot weather may account 1or IT,
but at any rate a lawyer and justice Oh the
peace sadly lost their tempers in the Supreme
Court yesterday afternoon ana TOT 'i'"e ~
looked almost AZ though there might be blood
shed. A moderate use Of Justice Clements gavei
and some mild reproof from him. however, avert
cd tho storm. and It is probable that at least an
armed truce will prevail until cooler weather
Gains the tempers of the men involved
They were George Cru. the lawyer. and Police
Justice J. Lott Nostrand, of Coney Island. and
they appeared before Justice Clement on opposite
sides Of a proceeding for the release Of Nincenzo
Nicolett from the penitentary on writ or ma
beas corpus Nicoletti was arrested In Graves
end on July 90 charged by neghboring farmer
with the theft Of four cabbages. Nicoletti is a
junkman. and the cabbages were found IN ms
cart He was arraigned before Justice Nostrand
the next day. and after, as the magistrate sad'
he had pleaded guilty he was sentenced TO the
pententiary for six months. Mr. Cru got writ OF
habeas corpus for his client, alleging that justice
Nostrand did not inform him that he had right
to trial by jury and also that the Justice did not
give him an opportunity to produce witnesses as
to his innocence. When the matter was called
Yesterday afternoon Nicoletti was in court in
charge of a deputy-sheriff. and Justice Nostrand
was also present. with the records OF his court
Nicolett was called to the stand, and Mr. Cru
asked for the Italian interpreter. Distrct-Attor-
ney Backus objected. saying that one OF the con-
tentons Of the defendant was that he could not
speak English. and did not understand the
court proceedings. Mr.. Backus said that there
was no need for an interpreter, for Nicoletti could
speak English well enough to understand nearly
/ all that might he said to him.
Mr.. Gru's request was granted, however. ana
through the interpreter Nicoletti said that he had
been hauled TO court and sent to the penitentiary
without chance to say anything. He admitted
that he took the cabbages. but said that he picked
them up. He declared that he did not plead
guilty however, and said that the magistrate
gave him no information concerning his rights
Under cross-examination by the District-At-
torney Nicoletti admitted that he took the cab
bages from a corner of field. Mr. Cru said he
would rest his case and the District-Attorney
called Justice Nostrand to the stand. Mr. NOS
trand said that the prisoner had pleaded guilty.
and he had sentenced him accordingly The far
mer from whom the cabbages were stolen told
him that he had watched the defendant take
them and chased him until he caught him. some
+ blocks away. He lad seen the prints OF Nice
lettfs cart in his field before and on that ac-
count he watched for the thief Justice Nos
trand declared. that he had informed the de-
PENDANT Of all his rights
Justice Clement said that be did not see how
he could interfere He would have to dismiss
the writ. The question of the length or the term
of imprisonment imposed on the defendant then
came up. and Mr.. Backus said that no one nae
the power to review Justice Nostrands action in
that particular.
Then, when the sentence is too heavy. l
should think the District-Attorney ought some
times to consent to the discharge OF prisoners,
said Justice Clement.
THE District-Attorney wants to keep people
! in jail" said Mr.. Cru. who had fought hard for
the release of his client. and was hot and disap-
pointed at his failure. He says the lawyers
ought not to try to get them out
Never have there been SO many suspensions
| Of sentence and many indictments dismissed
! In this county there have been since the be-
ginning of the year" retorted the District At
! torney. when l think that case m erits leni-
ency, am the first one to advise 1t. But In this
case the man was Justly sent to the penitentiary
for longer term. and there is no reason why
his sentence should be lessened.
why, Justice Nostrand's clerk told me over
the telephone that this was good case for a
writ of habeas corpus said Mr.. Cru He said
there was something else behind his sentence
besides the conviction for petit larceny.
District-Attorney Backus went on talking to
Justice Clement but Justice Nostrand came up
to Mr.. Cru and said
! did my clerk tell YOU that?
Eyes. he did" said Mr.. Cru
Il don't believe you" replied the Justice sharp
| ly. turning away
II thank you.' said Mr.. Cru.
Then the lawyer started to go out OF the court
room, but Just before he reached the door ne
turned and faced Justice Nostrand again, and
the observers could see that some warm WORDS
were passing between them. Finally Justice
| Nostrand Jumped to his feet. and. interrupting
tha CTR
| and Justice Clement said to the Court.
| your Honor / must call your attention to
this man. He called MT d-a-n big stun ana
said he would sue me for $4,000 damages
! II did not hear it," said Justice Clement. after
a moments hesitation. IF had, would me
you. Mr. Cru" 49,,
well. did say So said Mr.. Cru. but this
! man called me liar.
ut was private conversation. said Justice
Clement Such language should not be used
| in courtroom
| 1T will not allow man to use such language
toward me-" said Justice Nostrand
| BE quiet SIR" said Justice Clement pound
ing on the bench with his gavel Il am IN
clfned to think that you brought 1t on your
| self"
Justice Nostrand sat down. ana MT Dru went
| out of the courtroom.
! The two met afterward in front Of the court
house. and mutual friends induced them 10
! shake hands though they did so with rather an
| I'M grace Mr. Cru says he will appeal from the
| conviction of Ncoletti. and also from Justice
| Clements ruling dismissing the hapeas corpus
GREAT CROWD AND SMALL FIRE.
-,, ,r,.prvrNr WAS ACTIVE AND EXrIN-