New-York tribune., 1905-08-31
MAGISTRATE POOL AND SIMON CASE.
He Gives His Account of the Facts and of
His Action.

To the Editor of The Tribune
Sir: regret very much that before you had
written and published editorial in The Trib
une the article. Too Old for the Bench you had
not understood the facts in the 7 shall refer
TO them in order 10 give you some idea of what
took place So far the question OF my age,
excuse for doing what conceive TO be my duty in
the matter Is concerned, I want to state. first,
that have not yet been charged with senile de-
rnentia AS TO your suggestion in all kindness
be It said tha: make way for a younger man..
doubt IN the evolution of politics at the end of
my term. which is only year and half. will be
supplanted by some person who differs very much
from in political faith.
Referring the facts. I would state that the
proceeding instituted before me by Rosie
Simon against her husband, Jacob Simon on
charge of abandonment, August 25 (noC the 26tn.
as you have it, and the other papers have err7-
neousIy stated. The complaint taken by one
OF clerks and was sworn TO before me by the
complainant that the defendant had abandoned
her and failed support her and her children.
This was on Friday, not Saturday, as erroneous
ly stated. The evidence taken by the stenog-
rapher and IT was to the effect that the defendant
Simon had abandoned his wife and failed 10 sup
port her. and living with another woman
The last fact the defendant admitted the hear
ing. After the order was made, which was the
same morning. I did not see either the defendant
or the complainant. and have not seen either OF
them since. There statement made TO me-
body else that the prisoners babies were crying
for him: nor was anv request made to me by the
wife discharge the prisoner.
young man came before me in the afternoon
and offered himself as bondsman for the defendant
To perform the order. I examined the bondsmaE
carefully and ascertained that there were one or
two mortgages on the property, and concluded that
the property offered as security was not suIncient
l TOLD the Young man to come later in the after
noon and bring bondSman even though IL be per-
sonaI security. He failed TO appear, and have
not seen him since. This on Friday. not Sat
urday I did say to the wife. Your husband
aid not treat YOU right" did she state TO me-
''FIe was good husband and gives me every thing
I want: nor did He is nothing OF the kind
After the hearing her statements with regard 10
her husbands living with another woman ana
abandoning her the complaint was sworn 10 by the
wife did not force her TO do so; she did 1t will
ingly. So far the statement that simon offered
TO give his wife certified check for Sl,OO Is con-
that is absolutely false l made inquiry of him, as
we are Obliged to do OF every defendant who Is
brought before us what he mad 10 say, and how
much he could offer 10 pay his wife He stated
he would pay her a.O0O year. and said we
would be satisfied with much less sum- This IS
what took place and nothing more The testimony
taken by the stenographer Will bear me out IN "haI
/ have said.
published In prominent place as the edltoTlal
article published in your paper. assume that
tion TO myself personally, was based upon state
of facts different from the facts which existed
Wen NewrYdRTk rYSRfS' Aug sii ~ 1905 JOSEPH POOL