The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-11-27
STRIFE AMONG MAGISTRATES.
WALSH AND CORNELL GET FISTS
UP At BOARD MEETING.

INeDUeu VIII FPFsDnNH ATTACKS IL 0urt
Desk Jimuied and Blank Forms stolen.
Magistrate Cornell. at the meeting Of
the Board Of City Magistrates yesterday
complained that on October 10 last he held
one Fred Zabilsky, who had been arrested
on his warrant. charged with stealing from
his employer, under bail for examination
tae next day and in default of bail sent
him to the City Prison. As Magistrate
Cornell understands II. none but the Mavis-
tate who issued tie warrant or a Justice
of the Supreme Court can take bail in such
a case. Magistrate Cornell said that Judge
Rosalskv had admitted Zabinsky to bal |
and had written on a scrap Of paper a dis
charge which was sent TO the keeper Of
the City Prison.
Magistrate Corne II asked what the board
Intended TO DO about IL. He had written
60 Judge Rosalsky and the latter had re-
Piled over the telephone that he had in
tended TO act in good faith. that he knew
the family OF the prisoner and that it seemed
a hardship to keep the young man locked
up. Judge Rosalsky said, according to
Magistrate Cornell, that he had consulted
with some Of his colleagues and they were
not sure but that he had the right to take
bail in such a case.
NihBlNlEdJC SOEttll asked II ne Imeelf
believed he had such a right Judge Rosal-
sky said he would not 60 so far as that.
but he was very busy with personal inter-
ests at that time and as soon as election
was over he would write a brief on the sub
ject and send it to Magistrate Cornell.
Il has not arrived vet.
The board decided to send word 10 the
Commissioner of Correction that il he
liberated any more prisoners on illegal
discharges the Board Of Magistrates would
hold him personally to account.
Magistrate Walsh arose and said he
was not satisfied hat any Magistrate did
not have the right to take bail in such a
case and then he turned and said:
Il want to ask Judge Cornell IL he does
not spend most of his time at Bay Side.
L. I.?'
Magistrate Cornell spranS to his feet
and said:
IF I do it's no ones business"
4 want to know if you don spend your
dine at Bay Side," shouted Magistrate
Walsh.
1T isXan impertinent question. Exactly
what do you want 10 known
Il want to know if you do not spend your
dime out there nights when you ought to be-
In town, where you can be reached in bail
cases and where it is your duty to be 30 as
70 take bail"
Il want to say to you, sir. said Magistrate
Cornell, advancing down the table, that
/ have taken bail at night in more cases
than you ever thought of doing
Don't you spend your time at Bay slider"
shouted Magistrate Walsh.
Il spend as much OF my time there as l
can properly and l shall continue to do 30.
Your remarks are grossly impairment.
just bring charges against me for it, if
o wish, and I'll show you that l have a
right to spend my time there il l wish.
My residence is in New York. / am a
citizen of this town and If l choose to go
out Of town evenings it is none of your BUSH
ness, sir. Magistrate Sweetser, whom l
have charged with illegally releasing a
prisoner / committed, might have the right
TO ask such a question as you have, but you
have no right. You are grossly ifnperti-
Any citizen has the right to call you to
account and / dc So" said Magist rate
Walsh. who was on his feet shaking his
fist and glaring at Magistrate Cornell.
Magistrate as the chairs Of the others at
the table would permit. He also was
shaking his fist. Tn other Magistrates
shifted uneasily in their chairs. Magis-
HAJo OOIU6ll kept SUOutllk bLAhJ pldkLotIdUc
Walsh was i~mpertinent. and finally sons
one thought that the best way to end 1t
was by moving to adjourn.
Before the Rosalsky episode Magistrate
Cornell had recited how Magistrate Sweet
ser had discharged William Mckibben
from the workhouse, to which he really
had not been sent, being held in the court
prison, because some politicians had come
TO the court and said they needed Mckibben
that day.
How is politics pertinent to it?" asked
Magistrate Walsh, who rs a Tammany dis
trict leader.
How is a matter OF politics a crime?'
asked Magistrate Breen.
1Tl show YOU both before get through
said Magistrate Cornell. Then he related
shat Magistrate Sweetser had said he had
been tricked by some one putting the
papers before him TO sign: Magistrate
said he was dumfounded when he learned
what he had done. He declared that nc
influence could nave persuaded him to 10
wrong act. He expressed regret.
Magistrate Wahle wanted to know how
any one but the clerks could have got hold
OF a pink discharge paper. No knew,
and II came out that the pink discharge
paper was not the one on which the man
should have been discharged. The pink
paper was filed out in the handwriting
ofkome one who was not a clerk.
1T was lone by one OF the politicians
who came to get that man out, !" said Mag
istrate Cornell, and that is what l meant
when I said l would show the connection
OF politics with this transaction"
y want to say" said Magistrate Walsh,
that in my judgment Magistrate Sweet
ser's explanation is re reasonable. want
also to say that IL he did discharge thism man
lille gally he committed no greater wrong
than the committing Magistrate who sent
the young man to the workhouse."
What is that? What Ia that?" cried
Magistrate Cornell. Il had a right to send
him there. He deserved it. He was guilty
OF atrocious disorderly conduct. He called
a policeman in the court a vile name and
made a threat"
The papers say = said Magistrate Walsh,
that he used vile language. They don't
say anything about disorderly conduct?
What is using vile language but dis
orderly conduct? The crime Is on the books"
Il repeat" said Magistrate Walsh, that
Magistrate Sweetser did no more wrong
than Magistrate Cornell did in committing
the man"
The upshot Of the Sweetser incident was
that il was decided that no keeper should
have discharged McKibben on the paper
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