New-York tribune., 1901-06-22
APCULLAGH HAS CHECK.
UNCERTAIN YET WHETHER FhANA
FARRELL WILL BE PROSECUTED
JUDGE FOSTER EXPLAINS.

- ro-o-,e NJ tho Court Of Special Sessions.
4aid more yesterday about the hght sentence iii
iosed upon the four gamblers VINO were caP.uieo %
II tho raid on the gambling place at No III East
-. oe,,tst He disclaimed any intention 10
lr,t,cise Judge Foster, Of the Court OF Geherai
ssossione who passed sentence on the gafnoers'
bur he insisted that 1t was an outrage 10 iel .ne
szanblers Of with sentence OF ten Gays 4ii
prisonment ..,. .ha
y understand" Justice Jerome said' mat 'iIe
ss,,s,rsct Attorney recommended that the gamblers
AVbo pleaded guilty should not be sentehceu -
knore than thirty days imprisonment Ia 'Ie -
kentiarv ! think there is too much shiiuhs Oi ie
Lnonsibility on the part of the judicial oiIeers-
th,1, ,bat a judicial officer should follow his own
methods OF reasoning in trying cases ana rehueI
L. aea5sion on that basis. Information from t.e
f-osecf,ne attorney should be taken into consla-
Ararion but il should set forth reason ana tdo'S
{pyhich the Judge could take into consideration
4 T,S+,ca Jerome was asked what had become OF
Abe check that was drawn for $500 by the gam
,lers in Fourteenth-st TO the order OF FRANK "a
reH indorsed by Farrell and returned 20 inc ' ~
Through the bank He said the check was III ,Ie
,ossassion OF John McCullagh, the State superh-
to-dep+ NJ Elections who has had charge OF the
ssetective work for the Committee OF Ffteen.
Asked II the check is 10 be used in prosecuting
Frank Farrell, Justice Jerome said:
You know ! cannot be the police force. the
rsn6 s,rv and the district attorney and the trial
.iudge at one and the same time and perform my
Functions as justice Of Special Sessions
When asked II the Farrell check could form the
asis OF a criminal prosecution. Justice Jerome re-
pl,ed: Betsy and I may not always be out
Referring 10 his relations In the past with the
Eommittee OF Fifteen. II was understood
.Js Frank Farrell the mysterious John Doe?'
kSas asked.
.sThere is no John Doe" replied Justice Jerome
biz there is. however Farrell would be a blood
relative descended from the good old lineage Doe
Judge Foster was seen and asked for state
knent He said st would be a breach OF dignity on
&is part 10 say anything in reply 10 Justice Jerome
he called attention 10 a discrepancy in the law
Applying 10 gambling cases. While small gambling
game between individuals was felony punlshaoie
,y two years the penitentiary he said the opera
Aion of a gambling house Was only misoemeanor
punishable by a penalty OF one years imprlsoh-
inent
! District Attorney Phibin said yesterday that ne
Had not been Informed by Justice jerome as 10 the
fignihcanoe OF the check found in the safe OF the
8gaunbers in the Fourteenth-st. house. He con-
/ Iinued:
animate that there was any disinclinaton on my
Hart gather evidence or prosecute any oIIeiueIs
hardly think Justice Jerome intended 10 convey
hat impression regarding the new evidence ne lIll-
tnates that he has concerning John Doe. beieNS
his conscience would demand immediate action
Ont think that Justice Jerome for personal reasons
Vould withhold any evidence that would lead 10 the
punishment OF any offenders. 1 do not wish 20 be
Involved in controversy with Justice Jerome.
think his work in connection with the Committee
2f Fifteen was actuated by honesty and the desire
for clean town.
Michael Maher is supposed 20 be the proprietor
pf the place No III East FoUrteenth-st-. and u
Is said the check made out 10 Frank Farrell and
ndorsed by him given 70 him by Maher