The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-10-24
-SFFFFNG COURT BREBE STORY;
GRAND JURY TO HEAR or NOR
GAN LINE ROBBERY CASE.

The Grand Jury will renew It's ~investiga-
zion this morning OF alleged corruption in
the police courts. and will go into one case
IA particular said to implicate a Magistrate
In the matter OF the discharge OF a prisoner
in a grand larceny case, for which, it is as
serted, the Magistrate received 81. 600. Il is
expected that the Grand Jury will hear the
testimony.of from fifteen to twenty persons.
They will include most OF those whom
Assistant District Attorney Murphy has
already examined, police court lawyers and
police court clerks and others. Several
persons have been summoned who will be
taken direct to the Grand Jury.
Mr.. Murphy examined two witnesses yes
terday whose testimony is regarded as i'm
portant. One OF them was Sigmund
Schwartz, president Of tho United Pedlers'
Association Of Greater New York, COM
monty known as the Push Cart Association.
Schwartz told Mr.. Murphy that Moritz
Smerling of the clothing firm Of Smerling a
Borowitz, 1l9 Canal street, had said in his
presence that IL would be necessary to raise
1880 TO acquit one Abraham Davis, who
worked for Smerling 4 Borowitz, Of the
charge OF receiving the stolen goods in the
grand larceny case, and that Of this s., 500
the sum Of 81 600 was to go to the Magistrate.
The District Attorneys Office makes no
secret Of the fact that the specific case under
investigation has to do with the receipt
Of the stolen goods in the series OF robberies
ut the Morgan Line steamship pier, in
which goods were taken amounting in
value to something like $50, 600. For that
robbery two truokmen, Adrian E. Post
and Daniel Stratton were arrested. They
made a confession, duplicating Davis. tho
employee Of Smerling 4 Borowitz. On
the day Of the hearing before the Magis-
trate they repudiated their confession
and the Magistrate discharged Davis.
Post and Strstton we're subsequently con-
victed Of taking the goods from the Morgan
Line pier. Sentence was suspended on
Post. and Stratton was sentenced TO the
Elmira Reformatory. He is still in the
Tombe and may be called before the Grand
Jury to-day. Post was before Assistant
District Attorney Murphy yesterday, and
both he and Stratton, il is said. are now
willing to tell truthfully all they know about
the disposition made Of the stolen goods.
Mr.. Murphy sent for Smerling yesterday
as soon as he got Schwartz's statement
reduced to writing. Smerling was put
through a gruelling examination. the re-
suits Of which were not disclosed. His in
terest in getting Davis free Of the charge
Of receiving stolen goods, it vas said. he
declared to be that Of an employer getting
n fair deal for an employee. He was asked
why IL was necessary to raise so large a
sum as $500 TO defend Davis and To tell
why a certain lawyer, said to be a friend
Of the Magistrate whose acts are under in
vestigation, WAS brought into the case.
that made Post and Stratton repudiate
the confession that they made. Post adj
mitted that Davis sent a lawyer to him
in the Tombs who instructed him to keep
his mouth shut. The LAWYER was interested
in getting Davis of. The District At
torney's Office has not Yet succeeded in
getting Davis, but il is expected that he
will be found in time 10 appear before the
Grand Jury before it finishes its investiga-
ton.
Mr., Murphy, il was asserted yeste rday,
had an interview on Monday with one or
more Magistrates as to the conditions that
prevail in the police courts. These MagiS-
trates admitted that there was something
radically wrong at present and urged him
20 continue his work Of Investigation. II
vas not made known whether they gave
him any information that would be of value
in the present in Investigation, but they said
that il was high time that the police courts
should be restored to the confidence OF the
community.
II became known yesterday that the
Magistrate whose actions are being investi-
Uafad had retained William Rand, Jr., late
chief assistant TO District Attorney Jerome,
10 look ont for his interests legally. Mr..
Rand visited the District Attorneys Office
on Monday, but what steps he took, if any,
on fnhaIf Of his client, are not known,
Until somethin definite h done by b Grand
jury there viii be no opportunity for Mr..
Psnd 10 take any action. HE declined
yesterday to- talk about the matter.
ClSp winch attracted some attention
YESTERDAY in the District Attorneys Office
came tefcre Magistrate Wahle in the West
Side roIice court for the second time,
and he refused to hear It for the second
time because the prisoner was once ms
client. Magistr rate Finelite has also refused
- hear The case, and il was sent TO the
Harlem pcTicc ,urt 10 be considered by
MaRistrs'a ~ eetsoT to-day. The case was
that Ct julius r. Hansen, a law yer and
friend Of Magistrate Wahle. who IL ac-
Cused OF obtaining $50 from a druggist
FAMED Charles A. Bronstein. at the corner
CF Manhattan avenue and West l0sth street,
Under false pretenoes.
n Is alleged that Hansen went 10 Born
stein and t@ld him he cculd get a sub post
Office station put IN BrcnstelnS u store
for $50. II is also alleged that be told Bron-
stein that he was a friend Of Abe Gruber
and OF MaCistrate Wahle and that through
their influence Inc could have the post Office
station established. Rronstein says ne paid
the $50. but didn't get the post office. He
had PanseT arrested IN Saturday for swind-
ling him. The case came up before Magis-
trafa Nnhle IN Sunday morning. He re-
fused to hear il and in sending It to the
Torkville court he made this Enforcement
on the papers:
Referred 20 Magistrate presiding in the
Fourth Mn istrates' Court. as the defendant Is
q former client Of undersigned Magistrate.
Defendant 10 BE- Immediately arr1igned
October 81, 1905 Fourth court selected be-
cause il is nearest court. {. O. +. WAHLE.
Magistrate FineIite wa sitting in York
Vile court. and when Hansen was brought
before him fixed the bail at $500. Hansen
vas unable to secure bail and was locked
Ip. In the meantime Aaron J. Levy, who
Is a friend OF Magistrates Wahle and Fine
lite. was brought into the case as Hansers
counsel. Alexander 3. Green represented
Bronstein.
When the prisoner was brought before
Magistrate Finelite a second time yesterday
he was accompanied by a professional
bondsman, whom Magistrate F1nehte would
not accept because. II Is alleged, ne n on
the Ma0istrates' blacklist. Mr.. Green said
be was willing that Hansen sh Il be
paroIed ia Levy's custody. but Levy wsS
unwilling at first to take such a response
bility. He wanted the case heard at once,
but Green demurred, saying that he was
IA 4, >. - N NJ ~ IL af the tina