New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-05-21
COULDN'T ARRAIGN MEN
THEY HAZE LONG F4SI.
Raid Prisoners Held T1centy-s'1
Hours and Discharged.

Many nrssorers arrested in poorooTn ralo
led by Inspector Ebert O. Smith, ana VINO 80 ~.
not give bali proved to he an elephant on ms
80. yesterday as he tried again and again 10
rave them arraigned. sixty-two prisoners were
taken in the raid thirty-four OF whom were aOe 10
find bondsmen- ,,,
The prisoners created considerable CONFUSION
.ho,+ she Court of Special Sessions in the fore
-oon When Detective NcAleese appeared ne was
Informed tina; Justice Wyatt would not permit 'o
prisoners 10 be arraigned before him. because ne
s,s not believe the right had been arrested On
she ..John Doe and Richard hoe WATKINS
,ssuea by him Just before the raid
Tnspector Smith then went TO the Tonps PONCE
court followed by a swarm OF lawyers who repre-
scented the prisoners, TO ask assistance rom -,
-re+a Deuel. but the latter refused 10 UoucH 'l4S
Sc. hacar,se the prisoners did not belong there-
Inspector Smith left the court, still cioselv ioI-
lowed BIZ the lawyers. and remarked s"ppo'e
win have TO take the prisoners to Je1ersoh MAI
yet Court" Assistant District Attorney Pechher
-. then eooeaIed 10 by the inspector to help MIN
..raisl1tea out the ENHANCEMENT Mr. Pechner mao
Tn. policeman who made the raid idenhfy Inoni6s
Stewart Joseph Thomas and James a S1nltn az
e.tscbes OF the alleged poolroom for whom Johh
me-, and Richard Roe warrants were issued
T,,.t,ce WYATT then reconsidered his decision ano
held the three men 500 bail each for
,,ext Saturday morning Peter Bauer ahOthei nlSh
eJspected OF having been connected Win 'ie poo-
,oor, Was not identified one OF the hVe men Iol
80, warrants were issued and was set at no
er-v The other prisoners were ordered 10 De SEM
10 Jefferson Market Court f
TVS tzeentv-eight men who were prisoners and
I'D not secured bail were taken 10 Jefferson Market
Court and brought up for arrangement Inc o1he,
ne, who were out on bail. also helped TO crowd
the courtroom Assistant District Attorney Fecnie
was present with Inspector Smith AS soon DIS
Magistrate Mayo came on the pench ne sa0 ~ III
spector Smith:
.sr have looked into this matter. and IND was
sitting in this court when the warrants were issued
must follow the precedent Of the presloehl Oh oui
board and cannot do anything
Mr. Pechner asked II the magistrate would enter
e. charge If = policeman made it. Magis-
trate MAYO asked If any one could make such
cor,n1atn+ and Mr.. Pechner said the policemen
,orId make 2 complaint OF disorderly conduct. as
the men were arrested in disorderly mouse as 1t
was q poolroorn- Magistrate Mayo then salo-
81 co,,Idr7't revert to warrant and a complaint
.ubterfuee These men ought 10 have been
s-raiened and you were right. inspector IN ar
ratgning them before the magistrate VINO lsSue0 'i
warrants"
MICH WORRIED AT HIS FAILURE
rnSnector Smith was much worried at his failure
.or the third time 10 get the men arralsneo' ana
said: ., 1z-
We'll what can do with these prisoners! we
sn-t discharge them This holding OF the prisoners
fn restraint for such & length OF uIne "oilieS n
general talk about psroling the prisoners was
,be- INDUCED in but this also vetoed oF the
court IS he said there was no one to parole mem
Following the departure of Inspector Smith ana
NJ chue
prisoners were kept in the building for an houI
and then on the orders OF Inspector Smith. were
sent to the Charles-st- and Mercer-st stations IN
,,s-rol wagons Many of the men were faint from
lack OF food and standing up where no cnalIs
were available They were wan ana weak nun
,.o -ri,-stions 10 which they had been subjected
since their arrest
Otto Rosaisky. ex-Assistant District At'oIIleS'
reached the building Just about the time the prlS-
cne-s were being taken away. He ana Aasisli6'e
r3o~slsl,v roiuted out that unless charge could
be made against the prisoners Of some sort sho
and the men could be arraigned and nave ther
cases disposed Of great wrong would be Done
finally MAGISTRATE Mayo came TO the CONCLUSION
.rar ne had better forego the possibility OF Flo-
rating his jurisdiction. and take cognizance OF the
cases out OF kindness TO the prisoners. On this
- he called I'D Magistrate deuel.. at the Tombs
court, and asked him president Of the board II
he did not concur in that decision Magistrate
deuel. gave an affirmative reply.
when the prisoners lined UP before the
\ court Mr.. Rosalsky put sMcAleese through rigid
cross questioning as 10 whether he could make a
sneciac charge against any of the twenty-eight
prisoners. This McAleese said he could not do
unless st were one Of diserderly conduct This
wouldn't DO. and the prisoners were finally dis
charged
II was O'Clock and the prisoners hurried out
Of court and met for the most part by
friends who hurried them to nearby restaurants.
While the prisoners were crowded into the re-
porters' room in the jefferson Market Court build
sag they INDUCED in speculation TO the recourse
.hey would have for the post TO pillar time they
had f.ee-, subjected 10. figure out there are
about twenty-eight warm suits for damages against
some one in this room" said one man. who 2verred
that he could eat mess OF stewed railroad spikes
themselves as to how they would go about the col
lection of damages for their long incarceration II
not for false arrest