New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-08-15
REPLY FROM CH1LDREN's SOCIETY.
Declares That Refusing to Bail Young Wit
nesses Is Justifable and Necessary.

To the Editor of The Tribune
Sir: The article in your valuable paper relating
to the bailing of child witnesses is somewhat at
variance with the facts, and the society asks III
justice that you give the following statement as
much prominence the article referred to-
First-There is question about the right OF the
Supreme Court in all cases to exercise Its au-
thority.
Second-The law governing the commitment OF
cliild witnesses is in part follows: Criminal
Code, Section 217.-Chidren under the age OF SIX
teen years when witnesses may be committed as
provided by Section 291 of the Penal Code. SUBJECT
to the order of the trial court"
Third-Acting upon this city magistrates have
very properly committed children witnesses
The Court of Special Sessions, where such cases
are tried have generally acted with wise dlscreton
and not bailed such witnesses. for good and sum-
Gent reasons, demonstrated almost daily, that when
such children permitted return to their homes
their testimony varies when the comes to tIal'
or, in other words. they simply commit deliberate
perjury at the suggestion of person. in order'
If possible to free the liquor dealer from the pehal
ties of his act. This discretionary course has peen
held also by the Supreme Court to be the proper
one to pursue, in number of instances.
FOurth-The statement made that children are
kept for any lengthy period in the custody of the
society, witnesses otherwise is absolutely
false; Cases are promptly tried by the Court Oh
Special Sessions, Invariably within week. ana
children then returned to their homes.
F1fth-The children are not kept in prison but Tim IN
times out of ten their quarters are more comfort
able than in their own homes. The parents are
permitted to see them on Sundays from 10 Il
should they remain over such day.
SiXth-The society believes that 1t is not proper
for to send children under sixteen years OF
age to a saloon for lquor-even for a pint of beer
The evil influences attending the same have been
time and again demonstrated. In this view 1t be-
ieves is fully supported by the court and by the
public.
Seventh-The Court of Special Sessions has time
and again stated that it would punish dealers VINO
sold liquor to minors severely and has done so in
Variaby in all cases NWhere the facts have proved
them guilty To-day In several cases the punish
ments were severe, 500 fine or thirty days in the
city prison. and one case clearly demonstrated the
fact that children should be detained witnesses
The mother of the boy came upon the stand and
stated that the child born in 1887 and imme
diately after stated that she had been told to
that he over sixteen: the boy himself, who had
previously been examined, stated that he was sew
enteen, and that he had been told to say by
some connected with the case. In another case
to-day boy. who had not been in custody. being
questioned. failed although he had previously done
so, TO identify the person who sold him the liquor
although two witnesses swore to the fact.
Eighth-The Liquor Dealers Association, the so
ciety is informed has instructed its coInsel
defend members of the assoc aton who sell liquor
to minors under the age of sixteen. In fact, the
laws they to-day were passed with the full
approval of the representative liquor dealers of the
city of New-York. E. FELLOWS JENKINS
Secretary and Superintendent, the NeW-York So
cety for the Prevention of Cruelty Chill
dren
New-Yori1 City, Aug 10. 1903.