The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-10-04

y you wanted TO help me out He said
Come IN in q few days'-I don think
Mayor Van Wyck heard this part Of the
conversation. Come around and see me
IN a day or two and l will put you In a stock
deal and you will make more money than
you could II l paid you money directly. :
bno you make any suggestion In the
Presence Of Mayor Van Wyok that II he
didn't want to give you any money he could
cash the note Of some third party for your
Yes, ' said Sweetser. because l couldn't
understand what was the objection. / be-
heved all along that he wanted to sustain
the decree"
II was after the Dodge divorce had been
set aside and the story had been printed
In the newspapers that Sweetser discovered
the letters OF Mortimer A. Ruger. a lawyer,
then dead, in which Dodge acknowledged
service and authorized Ruger to appear
for him in the divorce suit. Sweetser ex-
planned that he, Mrs. DodRe's counsel, was
indirectly responsible for Dodge's retain
ing Kruger, who had been in the Corporation
Counsel's Office with Sweetser. And he told
Mrs. Dodge that she should pay Ruger's
lee, Sweetser admitted at Hummel's trial
that he had commenced the divorce suit
without having any evidence OF adultery,
an unusual thing for a lawyer to do. He
serving the summons.
he bought the summons himself at a
stationer's, but he couldn't remember where.
Then he said he identified Dodge at the
in an Atlanta paper. When he showed
the paper to Mr.. Morse the latter pointed
out that IL was dated two weeks after the
summons was served on Dodge. Sweetser
said, according TO Mr.. Morse: Il must
change that to something else then-his
photograph
At the hearing before Referee Ernest
Hall on the motion to set the Dodge divorce
aside Sweetser picked out one Charles A.
Herpich as Dodge, said Good morning.
TO him and swore he was the man served
as Charles F. Dodge. Commenting on the
Identification Referee Hall said in his re-
port:
The testimony of the attorney for the
plaintf, William A. Sweetser, is somewhat
remarkable, and especially in connection
with proceedings which o place in my
presence. The said witness, after greeting
a person then present as Mr.. Dodge and
after having sworn that such person was
Mr.. Dodge, the said person was sworn and
proved that his name was Charles A. Her
pich and that he did not know any OF the
parties"
Sweetser testified at the trial Of Hummel
that he didn't know where his letter press
books were, that he had no Office boy and
tEat he did his own Office work. There
were also some DISCREPANCIES between
Sweetser's testimony before Referee Hall
and at the Hummel trial.
Dul Wlal Oh AL Jnlsf say OWeelSeT =
friends Wasn't he a witness against
Hummel, wasn't Hummel convicted, and
doesn't that vindicate Sweetser?'
The Police Department has been angered
by Magistrate Sweetser's methods in GER
tain cases, a notable one being q poolroOm
raid on a place known as FoX's, at 100 West
Thirty-first street, on September 5 last.
The Magistrate discharged the men ar
rested as principals on the ground that
there was not sufficient evidence TO hold
than Itnnf Gahl,N W N ~ tho TnndnrIniT1
precinct was 80 aroused at the Magistrates
action hat he complained 10 Police Com
missioner Bingham and got his permission
TO carry the case further. The matter was
taken to the District Attorneys Office and
before the Grand Jury and the three men
most concerned were indicted Judge Fos-
ter OF General Sessions issued bench war
rants for them and they were held in $1,000
bail each on September 20.
The men indicted were John Morris,
Familiarity known in the poolroom as
-Hsrry," William Barton and Thomas
Mack. Plain clothes man Henry ?. White
swore before the Magistrate that he had
played the races at 1909 West T~hirty-irst
street on September l and that he bet on
a horse named Somnus. His ticket was
No. 1875. He also played roulette on an
other floor. He was suspected and told 10
get out, but Harry" said that il Somnus
and get his money. Patrolmsn Thomas
McManus swore that on September 3 he
PLAYED a horse named Jocund and also
played roulette and klondike on another
Of the place. His racing bet ticket
was No. $40.
When the raid was made on the place
the usual racing sheets and cards were
found, but Magistrate Sweetser declined
to hold the men on the ground that the
police had failed to establish that the men
under arrest were proprTetors Of the pool
room. The men were arraigned for vio-
lation of section ISL Of the penal code and
Assistant Police Commissioner Mathot. to
whom the matter was referred by Com
missioner Bingham for an opinion. declared
that the section did not apply to proprietors
only, but to all who participated in the
management OF such places. The Grand
view, much to the disapproval OF the pool
room men.
Magistrate Sweetser has a tendency to
appeal to vox populi on the bench. On
September 10 last when he was sitting in
the Essex Market court an employee of
the Mutual Gas Company was before him
complaining that he had been assaulted
while trying to remove a meter. X. B.
Halstead, an attorney for the gas COM
pany, was on hand to look after the rights
OF its employee. He began to talk and the
Magistrate turned to him and said quickly:
what have you TO do with this case?"
Il am an attorney for the gas company
was the reply.
"Oh, you are. are you?" said the Magis-
trate. We'll | want TO say that the people
suffer more from your company than any
of your men do from them. | also want
to say that If you come here again you'll
get it worse. Now that's the decision
The assault case was dismissed after
the Magistrate had started to fine the COM
p~lainant under the impression that he was
the defendant.
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