The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-10-25
MAY PRESENT MAGISTRATES.
INDICTMENT OF ONE FOR BRIBE
TAKING POSSIBLE.
Grand Jury Hears stories oG Police Court
Clerks and Lawyers; Also gigmund
schwartz-witness In Morgan Line Case
silent-Hanser Accusation Dropped.

The Grand Jury continued yeDooroAy ES
investigation OF alleged corruption In the
police courts involving the integrity oil st
least one Magistrate. Half q dozen Wit
nesses were examined. including police
court clerks, two police court lawyers and
Sigmund Schwartz, president Of the Push
cart Pedlers' Association. No revelation
In detail as 10 what wa said In the Grand
Jury room was made, but there were ind-
nations that action OF some kind would
be taken.
It In known that testimony was given
yesterday to show that one Of the Magic
trates had been borrowing money right and
left and had been giving checks N pay
ment OF the loans which came back marked
nj funds. Numerous cases Of this kind were
brought out. 1t was also shown that this
Magistrates Indebtedness TO individuals tn
several cases amounted to hundreds OF dol
lars, all for borrowed money, and that law
yers who appeared before him had In their
possession some Of the unpaid checks.
The Grand Jurors took a lively interest
in these developments and were desirous
OF knowing what effect these unpaid debts
might have in cases where the holders Of
the obligations appeared as counsel before
the Magistrate.
1t was made plain that the Grand jury
regarded 1t as improper for a Judge 70
borrow money from lawyers who practise
before him. The jurors were unable to
see how a Magistrate could allow lawyers
- h... ,.1.sI oAAnlxa ~ A&a D. Nhafw 49,
session and make a pretenoe Of dealing out
exact justice in cases where these attorneys
appeared.
The testimony Of the day, both in refer
ence to the Magistrates debts Inc TO the
methods and system In vogue in the poles
courts, made such an impression upon the
Grand Jurors that there is reason to believe
they will make a ~presentment to the court
in case sufficient legal evidence is not oun
to indict a Magistrate for dismissing a cass
for q consideration OF 81 ,OO0-disclosing
the situation in the police courts and sug-
costing that charges be made before the APP
pelIate Division asking for the removal Of at
least one Magistrate. That Magistrate 10
the one whose debts have been q matter OF
public gossip in police court circles for q
long time and testimony concerning which
was heard by the Grand Jury yesterday.
The presentment, II one is made, will
probably declare that suc a Magistrate Is
unfit to preside impartially in a police court
and that his actions, in the opinion Of the
Grand Jury, constitute sufficient ground for
the demand that he be removed from Office.
II such a move is made the District Attorney
will probably present the case to the APP
pellate Division.
Among the witnesses before the Grand
Jury yesterday were Mark Alter and James
Nugent, lawyers, who it is said have a COM
plete knowledge OF established methods in
police court procedure. IL was said also
that they had personal knowledge of some
of the acts Of the Magistrate who was being
investigated specifically. They could not
reveal what had taken place In the Grand
Jury room, nor would District Attorney
Jerome, who conducted the case personally,
or mis- assistant, MIR. Murphy, give any
Indication Of what was brought out. The
other witnesses OF the day were Philip
Block, chief clerk of the Tombs police
court; George P. Richter, chief clerk Of
the Yorkville court, a recent appointee OF
Charles F. Murphy; Thomas A. Church,
assistant clerk in the Tombs court, and
Signund Schwartz.
The police court clerks told Of the doings
in the courts when certain NJ agistrates
we're sitting, backing VI the testimony OF
the clerks heard by the Grand Jury last
week. Some OF them also had knowledge
OF the borrowings Of the Magistrate whose
name has come before the Grand Jury.
Mr.. Schwartz told Of what Moritz SmerIing
Of the firm OF Smerling 4 Borowitz, lIs
Canal street, had said about settling the
case Of Abraham Davis, an employee Of the
firm arrested for receiving goods stolen
from the Morgan Line pier. on a basis OF
81 900 to the Magistrate who discharged him..
Both members of the firm Of Smerling a
BorOwitz we're before Assistant District
Attorney Murphy yesterday and Mr.. Smer-
ling was again put through a rrotracted
examination. Evidently not much head
way was made in gaining from him any
information as TO the 81 900 bride story,
because he was detained for several hours.
He will again go through the mill to-day.
The Grand Jury's inquiry will probably
be concluded to-day. Tho session yester-
day lasted nearly two hours. and as much
time will be given to it to-day. Half q
dozen witnesses will be heard ard IL is
likely that Smerling will he one Of them.
Another witness will probably be q note
broker or unner who, it is said, has been
handing out the notes of q Magistrate
freely in the effort OF that Magistrate r.
raise money from time to time. Some Of
the testimony that may be given will relate,
it is said, to al attempt Of the Magistrate
to raise 81 600 on his note, for which a bonus
was TO be paid to a man for getting a salts
factory indorser, the note to be paid after
election.
II was one OF the early campaign rumors
that one or more Of the Magistrates were
TO be nominated for higher judicial honors.
None of them was so preferred. Whether
the attempt TO raise 5000 had anything to
do with the political situation or was to be
in anticipation OF a higher salary may be
disclosed in the testimony.
The Grand Jury has asked for the presen-
tation Of all the facts that can be CLEANED
from District Attorney Jerome's hunt.
Some Of the jurors made no secret yesterday
OF their feeling OF establishment at the
revelations already made. The witnesses
before them were all willing and the jurors
asked questions freely. indicating a special
interest in the case. IL IL said that there