The sun., 1905-12-02
POOL IN COURT COLLISION.
ORDERS CLERK VINO DIFFERED
FRON HIM TO GET OrT.
Church Drew Complaint for burglary;
Magistrate wanted II Changed 10
Lesser Onencc Hot Words, and Prls.
Oner Is Held for burglary at Last.

lfbSfT pItuVt IiOt WOTW' hhu HTlH
oner Is Held for burglary at Last
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was ll7co'ereu III the cellar Oh oeckiiia''
hotel early yesterday morning by George
knOrr, an employee of Beckman There
was a strpple and Schmidt fed down the
.,roo, IIa u,s n,rastod hv Policeman
Ianiai ,iaaoa wa" oS .ha Tis,h s,raat s,a,inr
i'ahe' MnSo"ah Oh ,he run s''ee' S,a'ion
house, The lock to the cellar door had been
urird off. About forty bottles of cham
,ovne wero taken from the place recently.
,,rG I, , hooLo, u,ara f,,nd seven bottles
- ''N, t...
81 "hiHhey' ochlIlldu WAS suPPoseu W nav
brought the basket in
Church drew up the usual burglary COM
,loint Magistrate Pool heard the case
.e'I,. ~, .i., ;,at.,,o.oI
i.r " 'e" l''olhe'"S anu ti,ei i',SVi u'.eu y. y
MI heilhelly the olllel cierk' 10 nave '"e
man WHO uTtW up lHb complaint CudllBt ~
To one of unlawful entry" This meant
CHANGING tho ohorga from one of felony
" .,7 -.
u one oi f',l7ueiiie"hor'
NhhrCh demurred ana SAID the case was
not one of unlawful entry but OF burglary.
Magistrate Pool became much excited and
,.,,Iore,l rho clerl again to mako the change.
'"o ~'' "s'i'' "
'hurch refused 'hurch caieu the COM
pIainant, Beckman, and they went over the
ease. Church insisted that the complaint
wa. drawn correctly, and the Magistrate
i,t...,i ,,.,t, naisoa ,',ioo tlat - n,ee not
t.''N'e,' w" i"'7eu ,oiIe VI, ''''' ~ "''' ''''
heH the Magistrate sald' ,,.,
Leave TINS court uq out OF the room
DO not come PACK "hiie am slttlhg mere!
Church said;
am employed by the city OF New 1orK,
not 10y YOU Sir' Inc taxpayers pay me- l
am WORKING Tor them, not Tor you
Get out of the court, said the Magistrate
IN an excited manner; H..
thurrh went. and from across the street
teIephoned to Magistrate Wahle. president
OF the Board OF Magistrates, that Magistrate
Pool had put him out of court. Magistrate
Mahle told Church he would tell him what
I" do later. Magistrate Pool came down
town during the noon recess to see Magis-
trate Wahle. He said Church was guilty
of INSTRUMENTATION. The Magistrate, he
said, is responsible for the complaints
drawn up and not the clerk and that it is
customary to order changes made. Magis-
trate Wahle later in the day said that the
Board Of Magistrates would stand by Magis-
trate Pool in the case, and that Church APP
parently was guilty OF insubordination He
was asked if the proper procedure would
not be for Magistrate Pool to prefer charges
against Church and have him suspended,
Magistrate Wahle said no charges were
preferred so. far, but that he thought
Magistrate should have the right to eject
any clerk who would not obey his orders,
Church insisted last night that Magistrate
Pool had no right to order the complaint
changed and declared that it practically
was compromising felony. He said he
had become tired of Magistrate Pools
methods, and he intlmated that the Magis-
trate often discharged prisoners because
Of a dislike for the clerk who drew up the
complaints. Church and Magistrate Pool
have not been on good terms for some
time.
Schmidt was finally held on the burglary
charge fact which Church regards as a
justification of his stand and a confession
that he was right. Magistrate Pool de-
chned TO make any formal statement about
the matter, but he said:
Inc man was lhsubordlnate. He said
that he thought he had better leave the
court ana sald thought so also. but l
have nothing whatever to say further"
'hllrch, 1t Is SAID, has mad trouble with
another Magistrate on similar grounds.
he Is protected in his office from summary
removal by, the civil service laws He Is
not suspended by any one except Magis-
irate Pool. lie SAID last night that he
supposed ne would stay away from his
work until the Magistrate left the court.
Magistrate Wahle had informed him. he
SAID. that he must obey the orders of the
Court Church said he was willing to obey
the reasonable, orders" of the Court, but
that IN case ike changing charge from
felony to misdemeanor, when it was plain
that it was felony case and could be no
other. he would have to refuse to obey.
Schmidt, he declared, grappled in the cellar