New-York tribune., 1900-12-01
BLACK RABBIT CASES REVERSED,
RECORDER GoFF REcoNsIDERS-DIsTRIcr
ATTORNEY GARDINER CALLS
HIM CRAZY

Recorder Cor. In Part l. General Sessions. yes
ter6ay reversed his own order in the case OF the
prisoners Michael Davis and Pauline Sheldon. pro-
prastor and inmate OF ths BLACK Rabbit dive. He
had sentenced them 20 eight months each in the
-penitsntiary, Jules DumOnt, alias "JATbsau Fairy
ths noor manager In the dive. got fourteen years
from Judge CoWing. who tried him Myrtle Lynch.
an inmate, got seven years from Judge mcmahon.
when the cases cf Davis and the Sheldon woman
came up District Attorney Gardiner took the two
before Recorder Con. He appeared IN court with
the papers IN the case, which had been inoorsed
by Mr.. Ls Barber who had tried the other cases
ana recommended that Davis be allowed 10 plead
glIiity 20 the misdsmeenor OF keeping disorderly
house and discharged his own recogniEancs On
the two felony indictments. and that the Sheldon
woman be allowed 20 plead guilty TO misdemeanoF
and released similarly the felony charges.
Recorder Con accepted the recommendation ana
gave each prisoner eight months. He ordered BON
prisoner taken before him yesterday and q mem
orsn6uEn entered IN the case. He said that after
careful consideration he thought the defendants
should have been taken before one OF the judges
who presided at the trials q their cO-oefenoants'
and from his knowledge OF the case would be N
position adequately 20 pass on its merits The
Recorder ordered that the defendants Davis and
Sheldon be placed IN the same position they re-
spectively occupied before thsIr plea OF guilty
without prejudice TO either. The defendants were
TO be rearraigned and permitted 20 withdraw their
plea OF guilty 20 the indictments charging misde-
Eneanors Tho District Attorney could then present
the whole case anew and take such action az ne
might deem advisable before any other Judge. II
the defendants did not choose to withdraw their
pleas OF guilty, bench warrants were 20 issue Tor
each, 20 be executed the expiration OF their
respective sentences. The prisoners preferred 70
serve the sentences imposed and take their chances
eiFht months hence. That was ordered.
ar. lie Barber told the Recorder that the Dis
triet Attorney was convinced that the Recorder
had acted rightly on the original sentences. Dis
tFrt Attorney Gardiner said In respect 20 the crt-
eiEnas % Recorder Con:
He is the laughing stock OF the bar and the
judiciary. TIe % or He Is crazy. In his conten-
zion that the cases should always be tried Detcre
the same Judge where there is more than one de-
fendGut ne Is ginEUlarly alone. In this case aB IN
OthaFa a must be decided on the evidence brought
out before him. in my opinion the sentence was
not adequate, for I expected that they would De
given a year and a hne OF $500
The Recorder explained that he meant 20 make
no rejection on either Mr.. Le Rsrbiers or Mr..
GARDENERS good faith IN the case and believed they
had acted for the best interests OF the people as
they Understood them. But he felt constrained 70
make the change as ne was convinced that other
wise justice would misCarry. -
District Attorney Gardner yesterday made public
letter which be received from Anthony Com
stock thanking him and Ar. Le barber Tor the
prosecutions in the Black Rabbit case.