The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-10-29
WANT THE BENCH KEPT CLEAN
MAGISTRATES PUZZLED ABOUT
HOW TO GET Ar 1T.

Has Been Arranged That One % the
Board Shall Appear Before the
Grand. .Jury-One Inquiry MAY Relate
20 Loans by . Lawyer 10 a Judge.
The regular monthly meeting of the
eoard Of Magistrates will be held this
lfternoon at the West Side court. There
3 q decided difference of opinion among
he Magistrates themselves whether or nov
4 would be wSe TO order an investigation
pf the charges that have been made re-
Gently that there IL corruption in the police
courts and hat one or more or the Magis-
rates are involved.
Ten days ago Magistrate Breen addressed
; note TO Magistrate Wahle, president Of
he board, practically demanding that the
Magistrates should make such an investiga-
Non. Magistrate Breen backed his letter
IN by saying afterward that IL what had
been charged against Magistrates was true
)he police court Of this town were in a
worse condition than at any time in his
recollection, not excepting the time Of
Tweed. Magistrate Breen said he did not
believe the charges were true and that he
was forced to assume, by reason Of the
safeguards thrown around the appoint
ment of Magistrates, thar each Of his COL
leagues was an honorable man.
Magistrate Wahle. who was sitting yes
terday in the West Side court, was asked IL
the charges and Magistrate Breen's letter
we're likely to come before the board for
discussion. He said no did not think that
Magistrate Breen's letter would come up
because the Magistrate would probably
attend the meeting and could bring the SUBJ
iect up himself. For that reason he thought
that there might be some discussion Of the
charges, but what form IL would take, IL
any. he could not forecast.
The fact that the Grand Jury is investi-
eating the very matter which the Magistrates
would like to have investigated may pre-
biude any action at to-day's meetings. Some
Of the Magistrates will probably point out
that any Investigation Of themselves with a
report to themselves might be regarded
as a ~farcical proceeding and they will prob
ably suggest that the matter either go over
or that some outside body be requested 70
make the investigation. The meeting Of
the Legislature is too far away to ask that
bodv to go into the matter and besides
there lie no desire to have an inquisition by
the Legislature for fear that it might lead
e Iegislation wiping out the entire bench.
In view Of the high character and faithful
service Of some Of the Magistrates it is felt
that such a proceeding would be unfair.
The Magistrates are perplexed to know
what to 10. Magistrate Breen. however.
viii probably bring up the matter of his let
ter demanding an inquiry so as to show that
he was in earnest and is DESTROYS OF having
the Police Magistrates bench cleared Of any
suspicion OF corruption. Magistrate Breen
wrote in his letter to Magistrate Wahle:
1T will be a bad dav whenr the humber
classes who have 70 do withsthese courts
loAe confidence in those who administer
justice in them. This loss Of confidence
would be a public calamity. Therefore
this Is a far reaching and fundamental
question" -
The Grand Jury will not resume it's in
vest gat on nto the pol ce courts unit to-
morrow. Desp te den ais that have been
made it is known that one Magistrate " II
test fy before the Grand Jury. He has
not been summoned formally nor has he
made a formal request that he be cal ed.
Arrangements have been made for his APP
pearance, however, and Il S no secret that
L was dom through an attorney that he
has reta ned.
One of the things that the Grand Jury
vii probably take up on Tuesday is the
relat on VIII Oh a certa n Mag stTate sus-
ia ned to q member OF the bar who pract sed
before nm almost constantly and who has
not been called to test fy. Accord ng to
those who are IN possess on of the facts the
Mag strate one day "a d TO tn s attorney
that he was short OF money and wanted to
80 someth ng Ike $500 at once. The
lawyer sa d he d d not have the money to
advance on the Mag strate's note. The
Mag strate asked him Z he could not borrow
It and the attorney d d so. The Mag strate
gave a check dated ahead for the loan,
which the lawyer promptly turned over to
the II. n who had loaned the money.
When the date on the cherk was reached
the mar who held It put It through the
bank. 1t came back marked mo funds,
The lawyer was furious, and called up
the Magistrate on the telephone at once.
The latter said he had quite forgotten that
his account was overdrawn and would make
good the amount in afewdays. The lawyer
had to pay the friend the money that he
The Magistrate did not pay and finally the
lawyer learned when he would receive
"a check from the city for hts salary; On
that day he invited a friend to go with him
no the court where the Magistrate was
aitting. e.,
@That mar owes me money he said,
sAnd | am going up to his court TO get 1t.
II he does not pay me l will denounce him
right in his court
The lawyer went straight to the Magis-
trate and stood on the bridge. When an
opportunity came for him to speak the
Magistrate said to him:
DO you want to see me?"
Yes, l do; and right away was the
eAAH"oA
Come into my ROOM said the Magis-
trate.
The two men went inside the Magistrates
chamber. and those in court, despite the
fact that the door was shut tight, could hear
loud and angry words. The session lasted
twenty minutes. Both men emerged sub
dued and shook hands as they separated.
There was a look Of triumph on the face OF
the attorney. When he reached his office
bis friend, who was unable to go with him
20 see him collect the money. said:
Well, did You get it?"
You bet 1 did, " was the answer and
h was lucky for his reputation that l did.
l also want to say that / have no fear Of
reprisals from that man.
Fully a dozen persons are cognlzant OF
the facts in the case and it will be- brought
~ the attention Of the Grand Jury to en-
phasize thefacts already brought out about
@ money borrowing Magistrate.
CANNOT SUPPORT HEARST.