The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-11-18
TRICKED ME-, SAYS SWEETSER.
MAGISTRATE SEEKS TO EXPLAIN
FREEING A PRISONER.
Suggests That Man Cornell Sent TO the
WOrkhOuse was brought Before Him
on a False Card ana Ihate He Treated
IL. as n Case Never Before IN Court.

II. as n Case Never Before In Court.
City Magistrate William A.. Sweetser
declared yesterday that he had been duped
into signing the discharge on election day
of n prisoner who had been committed 10 the
workhouse for six months by Magistrate
Cornell on a charge of disorderly conduct.
As told in The U yesterday. the dis
/, charge was practically an illegal exercise
of the pardoning power and will probably
result In a charge being made against
Bweetser az the next meeting OF the Board
OF Magistrates.
Sweetser asserted yesterday that he does
not know who the persons are who dupeo
him. He disclaimed all knowledge OF the
identity OF the two men who appeared IN
the Yorkville police court in che interest
Of the prisoner, one of whom said to the
complainant policeman; You want to pull
Oh from this case il you know what 10 gooo
for you"
Magistrate Sweetser denied emphaticaIy
that there was any politics In his action. al
though somebody. ne thought. must have
wanted the prisoner pretty badly. Mr.
Sweetser's feeling in the matter was one
simply OF the greatest Indignation that any
body should have Ia ken advantage OF the
stress Of election day work In the court
room to involve him in a case like this.
~Now bear in mind" said Magistrate
sveetser, that this was my first election
day experience. Early in the morning L
had been sitting at the Eifty-hrst street
police station and had disposed OF a lot OF
cases there. The court room WIS 1ammeo
when / got there. at five minutes to .. 1
think l had los or l07 cases that Day, the
most Of them election cases. EVERYBODY
was anxious to get away to- work. ana "
was a case of rush all day long. l sent
word to the sergeant of police in the court
room that / didn't want to be bothered
by anybody. l ~think-yes, l am CERTAIN
toId him 10 lock the hack door.
Il hadn't been in the court room long
when somebody came, up beside me and
said he wanted TO get a discharge Tor a
man. / said to him, without turning
around to see who it was: Get out your
papers till l see if l have the power to do
st. The papers were handed in and L
noticed on the back Of one the word work
house Underneath were some other
words that / couldn't make out. l X
Harry Merz, the clerk. than whom there 10 no
more ~scrupulous and conscientious man,
what the writing appeared to be-.
That's a case Judge COTueh ~ yCc-
terday. and he sent the man TO the work
house. said the clerk. Then l asked MN
arnin what the writing WAS under the
word 'workhouse.' He replied, laughing.
why, that's six month";
@Then I said I hadn't the power TO review
the case and I asked the clerk il that WASH
his understanding Of the matter. He said
IL was. 40 | dismissed the whole thing from
my mind. Half turning TO the man VINO
had given me the papers, handeo them
that case; that ends it, Then | went on
sTwo or three minutes later a man came
ND at my side behind the desk-l don't
know whether 1t was the same man or NOT,
and said that Judge Cornell was out OF
town, as II that was any reason why | should
interfere. l told him that l couldn't help
that; l couldn't interfere and 1 told MN
20 put the papers away and stop bothering
Magistrate Sweetser said he didn't have
any idea even after the second attempt VINO
the man was or he looked IKE he
didn't pay any attention TO him
After that, said Magistrate oweetser,
Il didn't hear any more about the case 30
far as l remember that day.
@The next day or the day after hat Judge
Cornell called at the court and wanted 70
know how 1t happened. y | was nonpiuseed,
SURPRISED. He asked me how IL had come
about, whether that was my handwrltlng
~discharging the prisoner Igot my glasses
and looked at il. There il Was, sure enough.
THE SUN said that l was fiustered;
wasn't, l was only indignant 10 tnirk
that this thing had been handed up TO rne
in that way. l told Magistrate Cornell
that | couldn't understand it. l was In.
dignant that anybody should have played
q trick on me in that way. 1t was evident
that somebody wanted to get. the prisoner
out pretty badly, and had trtcked me-"
But how was that possible?'
"How wa it possible2 Easy enough,
There are in use in the court room green,
white and pink cards. The pink cards
are used to instruct the keeper to produce
a prisoner. 1t is the practice OF the clerk
TO hand up these cards, including the pink
ones, while the Magistrate IL. examining
other cases. The Magistrate hasn't time
to scrutinize the cards. The fact that they
are handed up by the clerk Is assurance
that it is proper to sign them. We'll, some,
body handed me up a pink card and | signed
Il. l didn't notice the name on the card
and IL | had it probably wouldn't have at
eracted my attention, as l did not have
the name OF the prisoner in my mind:
THAT card was delivered to the keeper
and the prisoner was undoubtedly arraigned
before me later in the day as a new case
That is the only way can account Tor II
to the statement Of his case, and not sus-
pecting in the least that IL was a man who
had been committed discharged him. WIZ
didn't the policeman who made the COM
DAalnt Leu me Una the LIldu udO OcCh ocne
TO the w%orkhouse by Magistrate Cornell!
I'd like to know. too, why the keeper OF
the Jail hadn't sent him to the w~orkhouse?"
Magistrate Sweetser said he made an
Investigation Immediately after Magistrate
Cornell had spoken to him. The pink
slip didn't appear to be in the handwriting
of the clerk and, added the Magistrate,
ct haven't been able TO find out to this day
who made II out .
Magistrate Sweetser said that in signing
the release he had probably covered up
Magistrate CornelIs writing with his hand
in holding the document and In that way
committed. Mr.. Sweetser said he didn't
profess TO be infallible, but he was careful.
He said further that he didn't object TO
fair and impartial criticism he invited it.
Mr.. Sweetser said that Magistrate Cornell
appeared TO be satisfed with his explana-
ton.