New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-12-16
KIRK FREE FOR THE PRESENT
MANpELBAUM FAILS TO APPEAR AGAINST
HIM. BUT THE DIsTR1CT-ATToRNEY
WILL TAKE UP THE SHOOT

ING CASE
T Waldorf Kirk a Western cigar salesman
who with O varied assortment or cioth'ns. came
70 New-York to astonsh the people and Incl
dentslly ply his trade, was discharged from CUB
,odv vesterdav in the West Side Police Court by
Magistrate B1ammer. after hearing on 'ne
charge Of having shot Richard MahoeIoauih on
tho night Of November %. Although krK went
free yesterday by reason OF Mandeioaums not
annearing against him, his troubles are not yet
49, as Dstrict.Attorney Olcott will investigate
tho case and II Is quite certain, from the DIS
trict-Attorney's statements. that an indictment
will be prepared against kirk, ana that no "N'
have to stand trial on the merits OF tho c~s0'
and the man who was shot by him VIII Do COM
pelled to appear In court and tell the full story
of the assault
Tho shooting occurred on the night OF NoveH-
her IL in the Gerard House, at No. lzS west
Forty-fourth-st, where kirk ana Mahoe'oauii
were staying. Mandeloaum SAID mat no no"
found his wife in Kinks room. that tho men mao
onarrelled and that he had been shot by hiFk.
Kirk was arrested, and Mandelbaum was IN oeo
for a month, suffering from the wound lie TO
covered and went West.
This was the fourth time that XIX mao oeeh
brought before the court since The shoouhs. Eaoh
time Mandebaum had failed TO appear. AZ yen
terday's hearing Kirk was represented oy Il. M
Friend. and Mande!oaum oy an attorney ''
& Hummels office 49,.
Mr. Friend said that his client was suffering from
having TO remain In the city because OF inc e.-
on,nations and he moved that Kirk be discharges.
lie has no use for New-York. anyhow. sala Nif'
Friend. - o,d bis cl,ent WA In
Kentiickv on business and that he would not oe
hack FOR four or five months. de salu Lndt Ne i
mad no wish to prosecute Kirk, ana that ne mUur
not bring up the case again XIX b; as the
LAWYER said that Mandeibaum would uh9 n Jo az
cumsances take up the case again. 'ns "1s'''"''
XIX who had appeared IN court in his usual 'Snd
hanny over his release and seemed incneo 70 'aAe
the Whole affair as a huge joke. ,,r hs
further investigated and that the Dlstrlct -Ae'V
news office Of NewYork is not accustonet " ~, ~
alleged assaults that are offences aBalHst Sie pu
H. nrinrinals does aspire 10 the title or hins Oh
The budes' and the other principal leaves me ci'y
ard does not appear at the preliminary nearing ~,
Dlstrict-Atto OIcGt as r. Court referred
It to the Indictment bureau Oh ms ONE i,' ~
structions 10 proceed In the matter Gccotq.hs
law This case Is ike many otnets ~ ,, Wrr,e nv
one NOT Appearing in the courts against the other
and as a result forcing the Police Magistrate 10
discharge the defendant without golhs i,' D 1o
me- atTornev Oicott said yesterday afternoon:
| II have tust heard OF Kinks discharge, ana nave
referred the case 10 my lndctment % Ie
| as have been published In the papers ana pe!iss
| they are Indictment will al once De prepar,eo
| this he persons who were directly CONCERNED are
| NOT the only ones 10 be considered. The people
have an interest in seeing the majesty OF the law
upheld and II is to their interest that we must look
| and not that OF the two individuals that were
| Concerned When the indictment is drawn. the
| man who was shot will be forced 70 come into
TO com au or e when he does come fails tell
| truth, he will be punished.