The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-10-03
A BENCH BESEF BY SCANDALS.
NHTSTORY or THE $1,000 MAGTS-
RrRATE WAHLE HAD TO PAY BACK.
one Magistrate whose I. o. US Are Held by
His Clerks. Lawyers Who Practise Be
= fore Him n Professional B~Ondsrnen'
WhO Thlnk Them and Ills Cheeks.
Marked I'm Funds. ~ q Good InNestnlent

The investigation by The SON OF con-
dItions in the police courts OF this town has
brought about the general declaration by
those familiar with them that they were
never in a more deplorable state. They
have revealed a further expression OF sur
prise that several OF the Magistrates were
active candidates for the Supreme Court
bench or that Of General Sessions. and that
Charles +. Murphy had been thinking seri-
ously of nominating at least two OF them
on the TammAny ticket. Ths two Magls-
trates whose names have been Under con-
s:de-at!cn ara Charles q. F. Wahle and
James j. Walsh.
There are attorneys in New York who do
not like the idea OF having Mr.. Wahie-
on the Supreme Court bench or any other
bench. A record exists in the United
States District Court which shows that Mr..
wahle figured in a peculiar financial trans
action and that he was compelled TO make
restitution OF 81, 200, with interest, to a
bankrupt estate. The money had been
paid to him by the bankrupt firm for al
legged legal services. II was before be was
made a Magistrate. He paid the money
back after he became a Magistrate, but not
until an order to show cause why be should
not be punished for contempt Of court had
been served on him.
The bankruptcy case was that OF the firm
of Herman Mayer 4 Co.. consisting Of Her
man and Jack Mayer. dealers in clothing.
In accordance with the routine in such
cases a receiver was appointed. He was
Henry s.. Hooker. a lawyer OF 81 Nassau
street, and his report to the Circuit. Court;
made ON September 10, 1905, contains the
following:
" During the examination Of the bankrupts
Il developed that 81 200 of the bankrupts'
money had been turned over to their attorney.
Charles G., F.. WRhle, for alleged services,
and after consulting with my attorney we
determined to start an investigation con-
corning the legality OF this transfer, For
this purpose Mr.. Wahle's examination was
set for the 18th day of December, 1904, and at
his request was repeatedly adjourned to the
9th, 18th. 18th. and finally took place on the
nth day of December, 1904. As a result OF
this examination and Of the investigations
that ] conducted concerning this 81 200 that
had been paid over TO Mr.. Wahle and as
result Of many conferences with my attorney.
Mr.. R~osenzweig, on - about the 18th day OF
January, 1905. ! obtained from MIR. Wahle
binding assurances that he would return
20 the estate this money with interest and at
different subsequent times in partial pay
ments he has done so, until now the estate
has been reimbursed TO the extent OF 81 ,2s4.SO.
which has been placed by me in my account
as trustee.
Mr.. Hooker was first made receiver and
later was made trustee for the creditors
and it was in his report showing the con-
dition of the estate that the language about
Mr.. Wahle, who had become a Magistrate
on MAY ?, 1905, was used. Mr.. Wahle was
not prompt in satisfying the binding
assurances which consisted OF an agree
ment duly entered int to pay overthe 81 zoo.
and as a result on April IL, 1905, Mr.. Hooker
signed a petition for an order to show cause
why Mr.. Wahle should not be punished for
contempt OF court in not ~refunding the
money. The order was served on Magis-
trate Wahle on July 70, 1906. His attorney
asked for time and IL was given to him..
provided a partial payment was made and
ARRANGEMENTS entered into for further
payments. These payments were in h
form Of certified checks. .
The fact that Magistrate Wahle paid over
the money was considered by the creditors as
an admission that the 81 200 which Herman
Mayer 4 Co. said they had paid to him
did not belong to him but belonged to them
or their creditors. 1t was the only money
the receiver has ever recovered. The
bankruptcy case is still pending and the
members Of the Mayer firm are being held
by Commissioner Shields Of the Federal
courts on charges OF perjury. That case
has been dragging along nearly a year.
Mr.. Hooker. who as trustee in the case
reported on the Wahle episode, declined
to speak in. detail about the matter yester-
day. He said the court records would
speak for themselves, but he added:
while I must refuse to talk about the
MAYER case because ] am professionally
concerned in it, and while the court records
speak for themselves, l have no objection to
having you say just this: / am surprised
that Magistrate wahle's name has been
under Consideration for promotion to a
higher bench and ] regret il. That Is all
l care to say at present about the matter
Financial transactions affecting the honor
Of the police court bench have been gos-
siped about within a year, not only about
the police courts, but among active poll
ticians who are seeking preferment in Fam
many Hall. In all the important police
courts of Manhattan and The Bronx cer-
tain clerks hold the /. o. Us, of one Of the
MAGISTRATES for sums ranging from $50 to
500, and in one case for more than 800.
The Magistrate has forgotten for months
and months to pay these obligations. When
intimations have been conveyed to his
Honor that the creditor clerks would not
object to at least a partial payment, prom
ises have been forthcoming only to be for7
gotten promptly. One man did get a check,
but it came hack TO him marked mo funds.'
The clerks are now unwilling to press for
the payment Of these debts for fear Of re-
prisals. 1t would be easy to force the Mag
istrate to pay what he owes them, but the
fear is expressed that if any such step
SHOULD be taken charges Of neglect Of duty
orhncompetence would he easily contrived.
The result is that these ]. o. Us. have been
laid away. and more than one police court
clerk has been trying to figure it out whether
the money he has loaned to the Magistrate
in question il the price he has had to pay
for keeping his job or whether he is ex-
pected TO reimburse himself in the old way
that is, by making deals with policemen
and others so that by faulty papers or a re-