New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-01-10
MOTT ONCE MORE REVERSED
,URrNCE RELEASES A WOMAN
COMMITTED FOR DIsoRDERLY
CONDUCT.

s,,r WAS APPARENTLY RESPECTABLE. BUT THE
y.c,srRArE TOOK THE WORD OF a POLICE
y,x AND. 1T is SAID. ALLOWED HER
No CHANCE OF DEFENCE.
....o- decision o. Magistrate Mott was over
..,rnoa Yesterday when Justice Lawrence. in the
c,,-er,e Court discharged Mrs. Elizabeth SOM
,.nrs who had been sentenced to the workhouse
or an apparently unjust and ridiculous charge.
Recently Elizabeth schauer was sentenced to
,so r.o,khouse by Magistrate Mott because she
,.oa nor vav I'm the streets when she was
saorchne for her aunt who had moved. Justice
,,drevs discharged the girl. Another young
Woman who was sent by the Magistrate to the
vo-khouse on a policeman's charge of disorderly
conduct was discharged by Justice Truax. Gov
e-nor Morton pardoned one woman who had been
sent 10 prison by Magistrate Mott
Many Of the decisions of Magistrate Mott have
caused surprise. His displays OF temper have
been frequent The severity of some Of his SEN
fences in the cases of poor and defenceless
women has led 10 much criticism There has
been talk Of efforts to have the Magistrate I'M
peached and removed from the bench on the
ground that his decisions and his testy behavior
cause public scandal
Mrs Sommers was arrested by John E. j. Pan
ser policeman on probation. who accused her
Of accosting him in the street and asking MN 10
buy drink Before Magistrate Mott the woman
declared the story Of Panser was false she
and her husband lived at No. ~ west Inlrty-
,h,rdst Her husband had been i'll and without
employment and she had been working to sup
mort herself and him. She was on her way home
from place where she had tried 10 get WORK.
she .a,d when Panser accosted her on the street
Of hpr
Iend triad IN free herself from his grasp. but he
caNed another policeman and had her arrested
Abundant evidence of the woman's respectable
~ could have been had. but Magistrate Mott
promptly decided against her without further IN
ves,igation. and sentenced her to the workhouse.
Yesterday morning Mrs Sommers was taken
to the Supreme Court before Justice Lawrence
on a writ OF habeas corpus which had been ob-
tanned by Myer J. Stein. a lawyer at No. - Park
Row Magistrate Mott did not appear, but was
represented by Assistant District-Attorney Hen
nessey. Mr.. Stein. in argument for the release
Ct Mrs Sommers. said she had been seeking en-
ployment. and was returning to her home when
she was arrested without any cause by the po-
lceman. The Magistrate had refused to hear
testimony to show that Mrs Sommers was re-
spectacle woman. the lawyer said, and Magis-
trate Mott had declared Il know the newspapers
roasted for $1,000 year"
Mr. Stein said he had an affidavit from the
woman's last employer. MIR Stanley, for whom
she had sold soap. 10 the effect that when he
read Of the womans arrest he was about to send
her a letter Offering her back her place, from
which he was compelled 10 discharge her. owing
10 the lack Of work and dull business. He asked
that the woman be allowed TO return TO her
husband. with whom she had lived continuously
since her marriage three years ago.
Mr. Hennessey said that a conviction by
Magistrate could not be reviewed except on APP
peal 10 the General Sessions. and not by ha beas
corpus. He quoted from one Of Justice Law
,ences decisions TO this effect. hut the Court
said that the case was different in that. in the
other case, there had been no effort on the part
OF the woman 20 interpose a defence. In this
case II was alleged that the woman had de-
fence which the Magistrate had refused to hear.
Mr. Hennessey then read from the return made
by the Magistrate. in which the latter stated
that the woman and her witnesses had been
heard. 1T is not 10 be supposed that the Magis-
trate would make a false return" said Mr. Hen
nesse..
Mott would make any kind OF a return"
Justice Lawrence told the lawyers to hand up
the papers and gave leave TO Mr. Stein TO get an
affidavit from Mr.. Sommers THE woman shall
not be removed until have announced my de-
termination" said the Justice.
The affidavit OF the husband Of the accused
woman stated that when he attempted TO give
testimony before Magistrate Mott he ruth
!sssly showed aside. and in the Magistrates
known polite way told 70 shut up and that
ne was not allowed 10 intercede for his wife.
At 1:50 p. m. Justice Lawrence ordered that
Mrs Sommers be discharged. Later Justice
Lawrence handed down the following memo
rardum:
The Act Of 1896. Chapter $50. entitled AN act TO
amend Chapter 49, Laws of 1886 entitled AN act IN
relation 10 the commitment ard discharge Of per-
sons convicted OF public in oxcation dsorderly
conduct and vagrancy In the city OF New-York'
provides that the Magistrate. upon conviction for
oisorderly conduct shall require the person con-
good behavior for any time not exceeding six
months. and in default Of giving such surety forth
WIN 10 the Court the Magistrate shall commit such
person 20 the city prison 10 be thereafter trans
ierred 70 and detained IN the wokhousc until such
srrety Is furnished until discharged pursuant 10
we provisions Of this act. not exceeding however
trm ., six months from the date OF such
mitment"
II appears from the return OF the wri, of certio-
.ar that the Magistrate committed the petitioner
Sc ne workhouse. under the pro visions OF Chapter
a. o, the Laws Of 1886. and committed her 10 the
LILY PRISON pending the transfer 10 the workhouse
mere was no order or requirement by The MaRis
tste tat inc petitioner should give surety for
~ tooo ocnaVor Tor any time IL any amount
,,.a'e,ver, nor any opportunity. so far the
..y e ~ "'' /" ''''l'n s"'" Sec"-
,.ne return fails disclose that the petitioner Is
'ect her discharge anu '''''''''e VI