New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-07-01
A E-DOLI4R PRECEDENT.

The salary Of 81 900 received by city Magis-
trate has been Justly considered fair remu-
neration for the lore and labor placed at the
disposal Of the city by the official recipient ~
that stipend And yet. II a precedent recently
established by Magistrate Kudlich Is To be FOL
lowed. It will he likely 10 result in dire poverty
among those who daily dispense justice In the
police courts OF the city. Magistrate kuditch SO
ardently desired to get rid Of case the other
morning that ne gave Judgment In favor OF the
plaintiff and paid the damages out Of his own
pocket II was a dangerous precedent to set
and vet MAGISTRATE Kudch had provocation
both great and grievcus.
one Mrs. Annie Garb. Of ominous name. ap-
peared before His Honor In the West Fifty
fourth Street Police Court on June % praying
for redress against n certain dressmaker named
Mrs Catherine Banker. The plaintiff averred,
with tears that the defendant had received
from her dress materials. which she had made
into what she called a skirt The plaintir SAID
she didn't know what It when the defend
ant got through with II. For this mutlation
continued the plaintiff. with sobs. the defendant
demanded muoh money-to wit 50 75-and
fused 10 give up the goods until her demands
were satisfied The plaintiff continued her tale at
length and used much language that was totally
lncornprehensibe to tho uncomfortable Mag
lstrate. who held his head in both hands In an
unguarded moment he requested the defendant
To present her side Of the TIE defendar''
was willing, oh. yes. She produced the skirt
and while she spoke the Magistrate beat his
breast and regretted his birth While tn" de
PENDANT talked the plaintiff retired. put on the
offending skirt. and returned with three Wit
ncsses who with one voice. declared that they
wouldn't be buried in such looking thing .
To which the defendant retorted that II wasn't
meant for n shroud Magistrate Kudlich craft
rs took refuge IN procrastinltion. adjournng
the case for four days In the hope that II
would SETTLE Itself out OF court
Vain hope Bright and early Monday morn
Ing plaintiff. defendant. the skirt and cloud
~ witnesses doomed UP before the bench The
Magistrate groancd In spirit and aloud. but he
endeayorcd to quit him Ike "A man. The plain
TN brought large quantities Of letters from
women who agreed that as a dressmaker tho
defendant was quite the worst visible to tho
NAKED eye The defendant produced still larger
bundles 81 epistles declaring tina; there no
better dressmaker west ~ Fnrls. The Mags
trate took one letter from each bunch. Then
he carefully tore them both I'm pieces. and
nounced with an effort that in his judicial
opinion the plaintiff was entitled to damages In
the sum % 81 From his pocket he extracted
the amount awarded and handed IT over to tho
Joyous defendant. saying after deep thought.
that II came from the fund especially provided
10y thoughtful legislators for the settlement ~
such unconventional and unheard-of cases. But
he biusted somewhat
The facts IN this celebrated have been
thus carefully and dspassionately rected be-
cause when IN future this extraordinary and
potentially bareful precedent is adduced II will
be we'll for the stricken city magistrates to bear
I'm mind upon whose shoulders rests the respon-
slhIllty FOR all their Indulgence.
Magistrate Kudlich may plead extenuating
circumstances. 1t was necessary 10 get the case
out Of court somehow. for II Is not meet that
one 81 ~ case should block the wheels ~ JUS
tice FOR more than two days. Stlll. We believe
we are correct when we assert our opinion that
the Magistrates decision was cut on the bias