The sun., 1905-12-05
LEFT OUT DEFENDANTS NAMB
MAGISTRATE POOL COMMITS AN
ANONYM FOR BURGLARY.

hhC AOAhboI OuV NAAO "ebSe y
Don't Name Hini-ThiS Was the Case
Over Which the Magistrate OFdeFeu
the Assistant Clerk on the Premises.
The District Attorneys office is somewhat
puzzled to know what to do about the COM
mitment Of John Schmidt for burglary on
Friday last by Magistrate Pool. II was
jhe case In which the Magistrate had
row with Thomas A. Church, the assistant
clerk Of the Yorkville polioe court. after
which he ordered Church out OF the plaoei
to stay as long as the Magistrate sits In
that court The papers sent to Clerk Car
roll Of the Court Of General Sessions. copies
OF which have been given to the District
Attorney, are muddled
Magistrate Pool took the original COM
plant. as drawn up by Church and drew
lines through most Of 1t and amended II so
that as It reaches the District Attorneys
office 1t lacks coherenoy, and even does not
mention Schmidt's name The man was
committed to the Tombs In the regular way,
30 that the warden has right to hold him.
The papers in the case, instead Of charging
Schmidt with burglary, charge "the de-
fendant.' The only way by which Schmidt
can be identified as the defendant In ques-
ton is that his name is indorsed In the sum-
mary on the back and the further fact that
attached TO the complaint 10 tho usual paper
signed by prisoners who plead not guilty.
The complaint. after reoiting the fact
that Gustave A. BeoSman charges that his
liquor saloon at 81 Fourth avenue was
robbed and that an attempt was made
to take away forty bottles Of wine, says:
Deponent further says that he has great
e. knlt nd INAa hall IN
aforesaid burglary was committed and the
aforesaid property attempted to taken. stolen
and carried away by the defendant. defend
ant and Rrappled with defendant at about
the hour OF $40 A. NJ. said date and that de-
fendant escaped from said cellar and said
Kporr followed and caused defendants
arrest wherefore the deponent prays that
defendant may be held to answer
Nowhere in the body Of the document
does Schmidt's name occur. At the office
Of the District Attorney 1t was said yester-
day that practically nothing could be done
with the papers except to regard them as
memoranda and take original action,
When the officials were asked if Schmidt
was not held Illegally, by reason OF the
defective papers, it was said that his COM
mitment to Jail was regular, no doubt.
80 far as the blank sent to the Tombs was
concerned, but in view Of the neglect to
use his name in the record he might have
cause for action against Magistrate Pool
for false imprisonment.
The original COMPLAINT said that Schmidt
had packed up seven bottles OF whiskey
in basket to steal them. The Magistrate
struck all that out. He also struck out
the clause which mentions that the build
ing was occupied by human beings. The
stenographic report Of the hearing before
the Magistrate shows that Magistrate Pool
kept asking if any one saw Schmidt take
away any stolen goods. He was intent
on making the complaint read unlawful
entry solely.
The stenographic report closes with this
comment by Magistrate Pool:
This complaint, as the evidence dis
closes, is that the defendant burglariously
entered the premises with the intent to
steal and carry away property that was
away or taking away any property, no
evidence to that effect, and that should
have been the complaint at the outset
This comment Is added by the stenog-
ANote-The defendant was held in 81 900
bail to answer the charge of burglary in
the Court of General Sessions"
When this record was shown to Assistant
District Attorney Nott yesterday he char
acterized it as remarkable. He said it was
customary to charge larceny as we'll as
burglary In such cases, and was surprised
at a quotation from the proceedings before
the Magistrate in which the latter said
There is no evidence of any larceny at
all"
Mr.. Mott said: i am sure don't know
what we shall do In the matter. ] guess
the indictment bureau will have to puzzle
1t out. Schmidt is in the Tombs, all right
That one fact Is certain"
BOARD STANDS BY POOL.
Having himself committed the prisoner
for burglary Magistrate Pool complained
to the Board OF Magistrates yesterday
against Assistant Clerk Church, who had
refused to change the burglary complaint
to complaint Of unlawful entry at Pools
order.
Magistrate Wahle said that he thought
that any clerk who was either lazy or in
subordinate should be made to feel the
heavy hand Of the board. The board was
unit in standing by Magistrate Pool, and
upon motion of Magistrate Steinert, Church
was transferred from Yorkville to Essex
Market where the work is hard and dis
agreeable. Assistant Clerk Sullivan was
transferred from Essex Market to York.
vile to take Church's place.
Magistrate Wahle urged Magistrate Pool
to make charges against Church,