The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-11-16
SUING MAGISTRATE CRANE.
POLICE JUDGE CRITICISED BY
TBE APPELLATE DIVISION.
Ne Held builder Farley ON a shOrt AnidayIt
and the Higher court Called HIS Action
Roth Illegal and ATbitrary"-Al
the court Agreed IN tile Opinion.

wv
citv Magistrate Leroy B. Crane has had
,be distinction. IT such II may be termed;
,f hsving The Appetite Division unani-
mou-lv dr-l re that one Of his acts as a
Nsyi-trIie vs. a. both illegal and arbitrary"
4. r.. ~ q suit tor damages OF $4,000
il. p,ufiug IN the supreme Court against
rim and oilers concerned in the commit
neut g., pri-pn of Joseph \. Farley, a real
estate do, l.' and formerly IA well known
Vest ~i!r builder.
FARLEY waS arrested 10y Policeman Emil
ststtreI. attached 20 the West Side court,
an March :, 1891, by order of Magistrate
Crane. Nteitner ,wore subsequently, that
Magistrate Crane said 70 him on that day:
60 and arrest this MAJ for the larceny
Of S:U,un.'
Steftrcr was asked IL he had a warrant
or affidavit IN rho case and 10 swore he did
not.
Farley had got in trouble with the Fifth
Avenue Bank through the d~iscounting of
panel. He was the son Of a well known
huldcr Terence Farley, and with his
brother, had erected scores of houses on
the upucr West Side. Later Joseph A.
Farley became more ambitious and built
HpNtIdl A'hNF WI DtINS lOI
specul ition. They were not houses that
would rent quickly and Farley had to carry
them a long time, and eventually went
under,
He was having paper discounted by the
bank at intervals and the bank people
asserted that they discounted $40, 900 worth
becsu-e he gave them the impression that
ne bad ample security in the bank already
TO cover the loan, when he did not. Far
ley's counsel has always asserted that the
arrest was an attempt to collect a debt and
nothing more.
The bank cashier. Andrew Thompson,
laid the facts before Magistrate Crane
and the latter sent Stettner out to get
Farley. The latter says the policeman
simply old him that the Magistrate wanted
10 zee him in court. When he appeared
Magistrate Crane ordered Policeman John
Csvan9uRh, who was on the bridge and
who know nothing whatever aDou the facts
n the case, to make what is known as a
-hort affidavit. which is a holding: affidavit
until the facts can be brought out later
against the man.
Cavanaugh followed orders and Farley
vas placed under bonds Of $4,000 for an
examination on March 10. Farley en-
ployed ex-Congressman John j. Adams
70 defend him. On march 0 the bail of
$4,000 was surrendered and Farley brought
INTO court. II was a plan adopted by Mr.
Adams 10 get his client out on habeas cor
pus proceedings should he be held.
Magistrate Crane heard some oral testi-
rnony IN the matter n again held him
IN $4,000 bail deciding that there W AZ prob
able guilt. The records show that there
we're no der ositions or any warrant in
he case and that the short Affidavit was
al that was before the Magistrate. Farley
vent TO jail and n T. Adams Thought the
case before Justice OGorman Of the
SUP rene Court On "A writ. which was OF
a REGULAR Character in that II was both
a writ Of certiorari and Of Eat cas- corr ls,
sonnet ing which Justice IngraLam of the
MI el'ate division in his commen on the
case declared was entirely irregular
dustlco OGormsn dismissed the rt on
he ground tLat tie QUESTIONS raised were
'~acafemic,' suit Sc. uent evidence having
ieen reduced TO show that a crime had
leen committed. ..
NJ Adams called to the Appellate
Division. meanwhile securing the release
Of Farley on the second $40, coo bail de-
msnded by Magistrate Crane. The case
: rpr orted in " APT cllate Division, 9O7.
After reciting the facts of the proceedings
IN H." VI Hgistrate's court and in the SUP RENE
Court the orinion, discharging Farley,
writ ~ by Justice Laughlin. say
The only information to the Magistrate
w " a. fNNlICtu 10 NhS IOTUu Oh IL NltDO-
sitior. - required by the Code Of Criminal
Procedure, was The affidavit Of the police
officer. which utterly fails to state any facts
showing that a felony had been committed
W that there was REASONABLE cause to be-
iieve that the Tclator had committed one"
Justice Lang,ilin then says that il a case
: adjourned in a police court pending
further examination proper information
n writing must be filed with the Magistrate
to give him Jurisdiction to issue the COM
nitlnent.' o. = = If, as is to be in
fprrcd from the return of the Magistrate,
the practice of committing defendants
pendlng examination without the presenta-
ton ~ prone Information in the form of
4 deposition prevails, IL is Unauthorized
and should be discontinued"
The Justice tnen says that short af1ida-
wits are permissible so as 10 effect the arrest
Of men likely to escape but points out that
when The man is arraigned for q hearing
there must be something more on which
TO bold him for examination. Then the
OplEiOn SayS:
-1h" Jurisdiction of the Magistrate to
$50" the commitment was challenged
by the traverse to the return ana the
NaCl~t'at" having been commanded by the
writ 10 return the information or evidence
before him. the question as TO whether he |
acquired Jurisdiction to issue the COM |
0ltment was fairly presented by his return
without further evidence, as both parties
and the Court assumed h a there was no
further record that could be produced"
Justice Lsughlin then made this COM
ment on the police court end OF the case:
The action Of the police officer in making
III" arrest and Of the Magistrate in holding
n" r"la'or deserve severe condemnation
Their nets have been both illegal and arbi-
trarr
Commenting further on the case. Justice
baughnn added:
The pretence upon which the relator has
he"n arrested and held is either hat he has
committed a felony or that a felony has been
'ommit'ad and that there WIS reasonable
'dIt" for believing hat he committed IL,
.gl tn"-a are the only circumstances under
winch b. arrest without a warrant would
g authorized: but no competent evidence
VA produced to show that a felony had been
'nmmitted 10y the relatoT or by any n
"lse 1r that there was reasonable aus
81 believing that he had committed a
.slpny
Justice Van Brunt. Patterson and Nc |
s1g'hu 0unCuTred in the opinion, and
Iurtl"o ingr0 ham, who also ~concurred,
stot" q sur Elementary opinion criticising
Ti.ll,g Norman.
w." dice courts 81 this city could scarce
~ b" run II the lied short cSdavits
ere not u5ed. The policemen make them
~ 1rd frequently on orders from the
Hsgsl -. The custom, however, IL for
NJ tol"emen who make thearTe1ts 10 make
hem ONT