The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-10-08
WAHLE LET'S PTCKPOCKET GO.
AMAZING DISPUTE OVER STOLEN
MONEY IN COURT.
Complainant VINO Identified on Friday
swOre He Couldn't Yesterday Said
He was Promised His Money BaCk-NO
Questions Asked OF Cop WhO Knew.

NVmpiahnAnL VINO huenthueu on frlu1y
swOre He Couldn't Yesterday Said
He was Promised His Money BaCk-NO
Questions Asked Of Cop VINO KNEW.
Magistrate Wahle, sitting in the Jefferson
Market police court. discharged from Gus
tody yesterday Charles Cohen Of 10
Sixth street. Cohen was arrested on Friday
morning upon complaint OF Heyman
Schwinger OF 1903 Avenue d.
Schwinger was on the platform Of a
~northbound trolley car at Broadway and
Twentieth street when he was jostled by a
man. As he looked around at the jostler
Cohen, he alleges, slipped his hand into
~Schwinger's inner vest pocket and drew
out ten $40 bills. Then he jumped from
the platform, darted around a southbound
car and was about TO board it when he saw
Detective Sergeant Day from the Central
Office in theo car. Cohen ran toward Nine
teenth street and Day pursued him, CATCH
ing him inside OF two blocks. Imme-
diately afterward Schwingef came up.
Cohen was arraigned in the jefferson
Market court, where Day testified that
Cohen still had the $40 bills in his hand
when arrested and that Cohen at once gave
them TO Schwinger. The latter identified
SOiCh dAiu MS bIOuey anu hAlQ JndL DAY mad
taken the bills from himself (Sch winger)
to Use as evidence. The evidence seemed
conclusive, but Cohen was held in 81 900
for a further examination on his own de-
mand.
When the case came up for a final hear
ing yesterday Cohen was represented by
Lawyers Joe Levy and Abe Pearlman.
c. j. Newman, another lawyer, represented
the prosecution.
Wren the case was called a short affidavit
was handed to Magistrate Wahle in which
the complainant, Sohwinger, swore that
he could not identify Cohen as the man
who had robbed Tim. The prisoners
lawyers at once asked for his discharge.
On Friday chwinger swore that Cohen
was the man who took his money. Magis-
rate Wahle, however, ignored both his
testimony Of Friday and that OF Day. He
merely said:
$50 you can't identify this man, eh7"
well, they promised me my money back,
and that's all l want" was Schwinger's
reply.
Again Magistrate Wahle remarked:
you can't identify him. OF course 1
shall have to discharge him."
Schwinger replied:
Il left it all to my lawyer whereat
Newman punched S~chwinger in the ribs,
and the latter added, "No, 1 can't identify
him."
During all this farce Day, who caught
the thief with the money and who saw
the thief hand the money back to Schwinger,
stood by ready to testify. Magistrate
Wahle never asked him a single question,
however, and closed the case by ~discharg-
ing the prisoner.
Then came up the question as to who
owned the money held as the evidence in
the case. Wahle asked if the prisoner had
any claim OF il.
NO" said Attorney Pearlman, and a
minute later he turned around and said:
yes, it is my clients personal property
But in the meantime Schwinger had
been clamoring for the money, and Magis-
trate Wahle said it would have to go to
the property clerk.
"Oh, we'll" remarked PearlmRn, we
withdraw all claims to it in that case"
Schwinger got his 500 and left the court,
preceded by Cohen and his attorneys.