New-York tribune., 1902-04-29
COMPLAINANT A DEFENDANT.
MAGISTRATE TURNS TABLES ON LABOR
DELEGATE WHO GOT EVIDENCE OF
SUNDAY SELLING.

Magistrate Pool. in the West Side Court. yester-
day turned the tables q complainant against
Sunday violations In manner that caused surprise
William c. wellman. president Of local organ
ization of butchers employees, complainant
against Frederick Miller, keeper OF butcher shop
at No. 623 Tenth-ave. He had caused Mers ar
rest after getting into Millers shop and buying
a pound of pork chops Sunday. He carried the
pork chops the court with him as evidence.
Magistrate Pool called for a copy of the Penal
Code, turned the section that defines an acces-
sorry and said
The law provides that any person who aids
and abets. induces-induces, mind you-another
to commit a crime is guilty as the principal
think 1 should make Il complaint against you
Wellman was astonished, but he declared that he
was carrying out the orders of his organization in
getting evidence against butchers in order to COM
pei them obey the law
you had a copy Of the law in your pocket
said Magistrate Pool, land you induced this man
to sell meat to you Sunday and commit a crime
You guilty he is. The only way is 10
punish you both. I Will let you withdraw your
complaint against this prisoner If you wish 10
Otherwise I must take a complaint against YOU
II am poor man." said Wellman, but must
be true to my association. Make your complaint
This man should be punished. and L cannot De
party letting him go free.
The magistrate heard Wemans evidence anu
then again asked him II he willing to withdraw
the complaint. Wellman refused. Then the maeiS-
trate dictated a complaint against Wellman. nam
ing Policeman Walsh, of the court squad as Tue
complainant. He ordered that the pork chops De
the property clerk and kept as evidence
You are charged with crime now. said the
magistrate to Wellman. What have you to say
Wellman asked for adjournment, saying ne
had no counsel Magistrate Pool adjourned the
case until Wednesday and ordered Wellman TO De
committed default of $500 bail. Then he imposed
a fine of 81 Miller. who had not opened his
mouth. saying he would make the fine as low as
possible, Miller had been induced to break the
law When court was ready to adjourn the mag
istrate's attention called to the fact that "e
man was to be a complainant in another case In
the afternoon. and the magistrate paroled hini
until that time
In the afternoon Welman appeared as complain
ant against a salesman in Jacob Enhorn's butcher
shop at No. 426 West Fifty second-st He testihed
that he bought a piece of meat in the place on
Sunday and gashes IN il to identity IT, Elm
horn said he had taken advantage of Mayor Lo"
proclamation and had kept his shop open on sun
day He had asked sergeant at the police STA
ton II the police would interfere. and the sergeant
had told him there would be no interference
Magistrate Pool discharged the man under arrest.
saying 1t evident that there had Deen no III
tent violate the law. Then, turning to Weilman'
the magistrate told him he had committed an ad-
ditional offence by trimming the meat In the shop'
in his to get evidence against the Dutcher
He ordered that Wellman should be paroled IN
500 ball for trial. without further examination
Wellman waited, after the order was given al
though a court officer told him he parole.
The officer spoke to the magistrate. who said:
We'll. he's parole"
But he says he wants to be committed" the Of
hcer said.
We've made the order. II must stand:
II told him TO go home that you had paro!ed MIN
until Wednesday but he says he won't CO.
Al cant nEar gs 1ay o be- eond zqnF SAID
well come here tomorrow and we will M give YOU you
the opportunity. If you don't come we Will SEND
a warrant after you pretty quick. and give you a
chance to test the constitutio-ality of the case.
Wellman then left the court. 80
BY holding Wellman an accomplice, Magls-
rate Pool apparently takes the side OF Controiier
Grout In the controversy with District Attorney
Jerome about the payment Of bill or So4 expenses
OF county detectives in getting evidence In captain
Foodys precinct four Sundays IN March Inc
Controller has declared that he does not believe II
is right TO use the city's money In buying liquor
in saloons on Sunday. thus tempting people to
violate the law and making the detectives acces-
sortes In the breaking of the law District Al
torney Jerome has written a long letter on the
subject quoting several decisions of the courts
which seem show that detectives who collect
evidence by buying liquor in saloons on SUNDAYS a
are not accomplices accessories. The Controlier
has not been convinced. and has refused to pay the
bill. -, .,
Mr Jerome had a conference with Corporation
Counsel Rives yesterday relative TO a settlement
OF the controversy. and suit against the city may
be brought 8 means to that end. Mr.. Rives said
later that Mr.. Jerome suggested that both he ana
Mr. Grout make statements of fact and present
them TO the court. Mr. Rives said he told Mt
Jerome that this plan was agreeable ana that ne
would do all in his power t. facilitate 1t.