The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-12-25
ZELLER'SNAMEON THEPAPERS
SURE HE NEVER "DIsCHARGED"
HOLMES WITHOUT TRIAL.

Other Cases That Look Odd ON Their Face
Discovered I'm the special Sessions
Paper 10 the Case gf One LIQUOR
Dealer Have Disappeared Altogether.
Some new facts concerning the dismissal
OF Herbert II. Mase, a clerk Of the Court
Of Special Sessions. came out yesterday.
IL was learned that the papers in the case
Of Harry Holmes, the negro dive keeper
and friend OF Bob Spriggs. which had been
marked discharged" when Holmes had
never been srraigned in court, were signed
by Justice Teller. Justice Teller could
make no explanation except that because
OF the pressure Of business in the court he
had had to rely on the clerks.
Nothing won I'D probably ever have come
out about the Holmes case had not the
District Attorney = Office had information
that the negro was in Montreal. There
we're two charges of selling liquor without
a license against Holmes, and after he had
been released on bail Assistant District
Attorney Miner learned that he had left
the jurisdiction. As the cases dated pack
to January and March Mr.. Miner believed
tina it was about time that they were
brought to trial. He also knew that Holmes
was out Of town and expected that the
bonds would be forfeited. 1t was while
he was looking up the papers in the case
that Mr.. Miner learned from Charles W.
Culkin, the chief clerk OF Special Sessions,
that the papers in the case had been marked
discharged"
An investigation showed that the Holmes
case had been adjourned several times.
Finally was found a court calendar TO
which the Holmes case had been added.
After each case discharged" had been
written. indicating that Holmes had been
released on his own rec~ognizance. Justice
Zeller's name was signed TO the par ers.
When he was asked about it by Mr.. Miner
he said he was sure that Holiness case had
never come up before him.
Mr.. Culkiu said that he thought the
writing on the court calendar showing that
the Homes case had been discharged was
in Masses hand. Assistant District Attorney
Miner asked Nase about il, and he admitted
that il was his hand writing. Then Mase
was called before the Justices of Special
Sessions, declined TO make an explsnaticn
and was dismissed after he had offered his
resignation.
Several witnesses have been examined in
the Investigation made by Mr.. Miner The
investigation Is not enOeU una " IL unCer-
stood that ether cases have been discovered
which look peculiar on their faces. These
cases will be looked into when District
Attorney Jerome returns from Iakeville
tomorrow.
None Of the justices would make a state
ment yesterday. At first william Fuller,
the deputy chief clerk, was going to say
something, but he changed his mind after
he had had a talk with the Justices.
Holiness case will be called on December
~. II he doesn't appear two bonds. one
for $500 and one for 81 900, will be forfeited.
II il not expected that he will appear.
In addition TO the papers that were
marked discharged before the cases ca me
to trial in the Court Of Special Sessio ns,
Lawyer II. j. Goldsmith, for the defen dant
in an excise case, discovered that there
were no papers al all TO be found at the
court. He was in the West Side court
yesterday and asked Magistrate Whitman
to nave Policeman D~evanney, the complain
ant, make out another compla int.
William Jordan, the defendant. a porter
IN the saloon of William Banks, at 2O6 West
Thirty-seventh street. was arrested for
violation of the excise law on Sunday morn
ng, November %. He was arTaigned
in the West Side court and held by Magis-
trate Finn in $500 bail for Special Sessions.
His employer, William Banks, went on
the bond. Banks became nervous about
the bond, and Lawyer Goldsmith accord
ingly wrote TO Chief Clerk Culkin of the
Court Of Special Sessions asking for a speedy
trial. When he was informed that there
were no papers in the case at the court
Goldsmith notified the District Attorneys
office and was directed to apply for a new
complaint in the same Magist rates court.
The records in The West Side court show
that the papers in he case had been received
at the Court OF Special Sessions, the receipt
being signed by Frank r. Cooper. a repre-
sentative of the District Attorneys Office
in the Court Of Special Sessions.
Magistrate Whitman held that he could
nos have a new complaint made out, IA the
case had passed out of his jurisdiction
into that Of the higher court. Lawyer
Goldsmith said that he would have the de-
PENDANT surrender himself at the Court
of Special Sessions and have the case go
on for trial.