The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-05-23
EXCAPH. PRICE SUES POOL.
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ihev sefvei ihs complaint u ihr defend.
ant yesterday
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tho hsnoh shieh rsFeeted s%rvpfplV ~ tha
character ~ the plalrtin and ma lla
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~ d~ueatipnahle character we're artsiened
fpfpfr roul Nv plalnclo'hea . ~ ins
Tendrfloin pferinc, on the charge ~ auilcit.
ina According tp tho complaint tho Nas
i-fraie addressed the p,licetpen from lhs
Ienrh ~ follows
YOU anawct In vour nmdavits that theas
NoWrn s%oliciieti mon and vet you sav that
you heard none ~ their conversation YOU
had I~,ter gc' ont ~ tho business and Id
something decrnt Tor y living ion ara
worse than tho old timer Capt price. shu
used to take th-ar Numrn into his private
room so that they never got 10 Tho sergeant
NJ aIl
Capt Price alleges that by ths-e words
the Magistrate meant that the plaintiff
was u very bad and dishonest ofncer who
was unworthy ~ l~ing retained IN the
department. and hat while commanding
the Tenderloin he was In tho q ~ TAX
ing women " bad upute into his private
room Tor some immoral Or MIA nous pur-
pose. after they had been arrested Nv bin
officers for soliciting and brought into the
station house 81 his precinct, and then ~
leased them without requiring them 20
give any bond OF allowing them to. be
brought before the sergeant ~ the desk
after ~aid women had paid plaintih 10 be
allowed to go, and was so understood nv
the parsons IN whu-e presence and hearing
said words were spoken
Neither side would discuss the c ase
Yesterday. Magistrate Pool, who retuCned
10 the bench "A few days ago after an absence
Of several weeks, said that ie would make
answer AZ the proper time, and that until
then he would have no comment to make
on the complaint Of Capt Price.
Pool has been in hot water almost from
the moment he was appointed a hagis-
trGte by Mayor strong II was only last
November that he settled a suit Tor tort
brought against him by Charles Stein, a
lawyer Of $50 Broadway. who alleged hat
the Magistrate had illegally fined hin for
Of court and disorderly, conduct
The sui. was for 81, O0 damages hut the
for which il was settled was never
made public.
A movement is also on foot now TO DUST
Pool from the bench on the ground Of in
competency. He was appointed in 1895 and
is over seventy years old His case ls now
before the grievance committee OF the Bar
Association, which is at work drawing up a
to the Appellate Division for his
1t is expected that this petition will be
completed in q few days. II Is based upon
a large number of complaints from lawyers
and laymen who allege that they have been
badly n in some cases outra geously
by the Magistrate when they q
occasion to appear before him. An effort
was made to Dust him in 1901 but Mayor Van
Wyck. TO whom the complaint was made,
to take any action looking to his
removal.
Among the charges made against Pool
were that he had frequently and openly
slandered reputable lawyers, that he had
held them up to public ridicule, that he had
shown a vicious and petulant feeling. and
temper and that he had demonst rated his
unfitness for the office he holds or for any
Office which carries with it judicial duties.
1t was also said of the Magistrate that it
was his habit to jeer and gibe and banter
the unfortunates who were arraigned before
him, and in this way to make their plight
It was also charged that Pool violated
the law the rules of procedure and the rules
Of the Board Of City Magistrates in his
Of conducting the business Of the
and that aside from his untitness Of
temper to hold Office these violations on
their own account were enough to cause his
removal,
The present charges against Pool were
largely by his treatment in court Of
who declares that she was grossly
by the Magistrate when she APP
peared before him TO prosecute a former
in the hotel where she lived for the
of a gold purse.
When Mr.. Sheehan objected to the con-
iuot of the Magistrate, Pool flew into u rage,
allied him a scoundrel and ordered him oyt
If court. The matter was referred to Will
am j. Mccormick, Mr.. Sheehan's attorney,
md he collected a large amount of evidence
the alleged unftness Of Pool.