New-York tribune., 1903-07-10
UPHELD BY MAGISTRATE.
Sands Brothers Refused to Pay Cab
Fare-Discharged.
ACCUSED OF BEATING POLICEMAN.

Two young men, said by the police and an
operator of the New-York Transportation Com
pany to be Philip Sands and Joshua Sands,
brothers, and members of the st. Nicholas and
Yale clubs, arraigned in the Yorkville
court yesterday charged with refusing 10 pay
81 80 for the hire OF an automobile on Wednes-
day night
They gave the names of Charles Smith and
James Johnson when they were arrested, and
their address as the St Nicholas Club. The
Sands brothers live at No 30 East SiXty-secohu-
St with Mrs. Phillip ]. Sands.
In court they protested they had been over
charged. and Magistrate Pool agreed with them.
THE police had no right to make an arrest
in this case" he said They are not supposed
to be debt collectors. The only recourse the
automobile company has in the case is to sue
through a civil action" The magistrate then
discharged them.
According to the operator, Millard c. Perkins,
of No 339 West Nineteenth-st-. he was hailed
bv the brothers outside of Sherry's on Wednes-
day night He took them, he said, to Mar
tins then TO No % East Twenty -nlnth-st., to
Fortieth-st. and Broadway (NIcCoy's), and then
to the ST. Nicholas Club. He then asked for
81 80 cab hire hut this refused He called
Patrolman Stark, of the East Fifty -frst-st.
station, who arrested the young men and locked
them up.
The prisoners told the magistrate that they
had asked the operator to give them a receipt
for the money, but that he refused. repre-
sentative of the New-York Transportation Com
pany who was in court asked that the case be
postponed for a week, saying that it might be
settled in that time. Magistrate Pool refused
this request.
Detectives O'FarrelI and Herman Of the West
Forty-seventh-st station, it became known last
night. had a hand in the arrest of the Sands
brothers. According to the story told by De-
tective O'FarrelI, there is another side to the
assault charges made by Stark
THE 'cabbies' in this precinct are getting onto
Kiernan and myself" said O'Farrell. and when
we wanted to get cab last night to visit sus-
rected houses we went over in Fifth-ave. We
got to Forty-fourth-s and Fifth ave, when We
heard a policeman's whistle. l called TO hler-
ran and told him that there was trouble some
where We ran over to No. Z West Forty.
fourth-st which is the st. Nicholas CluD' ana
found messenger boy blowing a cops WhlSIIe'
When drew near he shouted out; 49,, s+,,ei,,
Hurry up; two felerS are klchlh 'i9 S''
out of a cop inside. .
I'VE looked through the door and saw that a
fight going on, ana we rus3eu m nc US
gest of the Sands brothers had Policeman starr X \
across his knee and was humping nm as nail
as he could Starks helmet was on the moor,
and the other fellow was jumping up ana Gown Gown
on II I guess they must have thought we were
friends of theirs, for the big one-l thnk IL was
Philip-called out TO me:
"'Come on and take kick at cop:
Il rushed up to the man who held stark ana ana
clipped him one that knocked him to the moor. %,s
Kiernan took care of the brother They are Dig
and put up a hard fight, but the chau1eur was
there to help, and we got the best of them
''While we we're taking the prisoners TO the
East Fifty-first-st station house the big fellow
turned to and said: ,
, say. are you a cop? Well If you are
want TO tell you that 1 lick nine cops a
minute. and I don't make any bones about tell
ing it to you, either -
more cop licking, for I'm whole and sound and
I guess Herman is .z
Il understand that Magistrate Pool turned
+ba,, oI,+ and also that they said in court that
we used clubs on them Kiernan and oon
carry clubs for that would give us away In the
work we have been doing in getting eVlueioe
against disorderly houses"