New-York tribune., 1905-08-28
MAGISTRATES AT ODDS.
W4HLE REVERSES POOL.
Orders Prisoner Released Who Vas
Held by Latter.

MAGISTRATE Charles C. Wahle, in the Essex Mar
ket court. yesterday ordered the release on bond
Of Jacob Simon whose case had been made the
subject OF an opposite ruling by Magistrate Pool
sn the same court, on Saturday. Simon is a Wen TO
do cigar manufacturer of No 401 East sth-st. VINO
went TO court Saturday to see why his wlfe mao
been arrested and who himself placed under
arrest charge of alleged non-support belore
nIghtfaII he was A prisoner Blackwells Island
Mrs. Simon had quarrel with Mary. Jacobs be-
cause the Jacobs woman out walking Win Sii'
Simon. She pulled the hair Of the Jacobs woman
and the latter went before Magistrate Pool and got
a warrant for the arrest Of Mrs. Simon In court
Mrs. Simon made a counter charge OF assault
Somebody carried the news Of his wifes arrest
Simon his cigar factory, and he pronlptl!
appeared in court
he made inquiries. and as he did so Magistrate
Pool said that Simon not properly looking
after the interests Of his wife and children Mrs
Simon protested that Magistrate Pool was mis-
taken. Magistrate Pool, however, insisted that
Simon should be placed under arrest, and ordered
hrs. Simon to make charge against him Of nom
support. The wife. who speaks English poorly. and
who was very much confused. did
When searched Simon found 10 have more
than $50 in bills diamond stud and some other
5ewelry He protested against the magistrates
action. and offered TO give his wife all the money
he had. get certified check for $1,000 if necessary.
or do anything 10 prove that he had not failed TO
properly support her. His offers were refused
Later the prisoners son appeared in court with
deeds for $4,000 worth OF real estate. which he
said he and HIS father owned and offered them
security for the bond OF 500 which Magistrate
Pool had named security that Simon would give
his wife SO week for six month defaulting
which he was 10 go to the workhouse Black
wells Island. Magistrate Pool declined to accept
the bonds. and Simon later put into the prison
van and Blac1weIls Island.
After his court had adjourned Magistrate wahle
called the reporters into his private chambers and
told them what he had done when he reached
court yesterday morning He said he had accepted
the same bond secured by the same deeds that
Magistrate Pool had refused and he had ordered
Simons immediate release from the island. Magis-
trate Wahle said that the case viii come up before
him this morning and he intends TO make
thorough investigation. He declined express any
opinion OF Magistrate Pools action in the case say
ing that. as he had ruled in entirely different
way, he though his action was sufficient.
Magistrate Pool was angry when the facts ap-
peared IN Saturday evening newspaper, ard he
visited the newspaper offices and by telephone in
sisted that there truth in the recital of the
case He then dictated the following statement:
did not have an abandonment case OF any kind
before me to-day / was considerably surprised
picking up an evening newspaper on seeing most
Ieraarkable story in II concerning what purports
10 be a disposition by me of case OF abandon
on the face of it was not true had an unusually
brief session Of court to-day. less than hours
been described came before me No woman ap-
peared before me to-day with tears in her eyes
:
father That is entirely misre epreserted-wholly
false That case may be which the reporters
in court have confused with case which was be
fore me- several days since. 7 recall vaguely hold
ing man under 500 bond for year to give his
wife $40 each week for the support of his wife and
eight children Al of the parties in the case spoke
through interpreter and all of the testimony
given at that hearing taken by the court
stenogTapher
No offer of certified check or any other kind Of
a check was made in that case. for IL II had been
We should have been only glad to have sent
the person who made the offer TO the Commissioner
of Charities, in East 26th-st. ] am sure 1 should
have been glad II that offer had been made we
should have been glad il such an offer were made
IN the case refer TO the conversation was in a
language which could be understood only when in
terpreted, and did not tell that woman to make
charge against her husband in opposition to her
VIII. never told any person advised any woman
10 prosecute her husband. 1 am too anxious to
avoid abandonment cases TO order one. The de-
tenoant IN the case refer tO-and II NAV not he
the case which the newspapers refer TO to-day
was the father Of eight children and according to
the sworn testimony of the wife had deserted her
and gone 10 live with another woman Further
more the defendant did not offer any check or
any money. To be brief the story as Il appears in
the newspapers is absolutely false in every detail
Simon got home from BackweI's Island last
night. He announced his intention of seeking re-
dress.