Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-12-24
PRISONERS NOT TRIED
DISCHARGED IN NEW YORK
WITHOUT COURTS CONSENT.
Inquiry to Find Out How Arrested
Men Go Free Without Legal
Sanction.

NEW YORK, December 24.-The justices
of the court of special sessions have discov-
cred that prisoners who should have come
before them for trial have been dis
charged without trial. or rather that the
papers in the cases have been marked dis
charged" which woulf lean that these
cases would not get OF. the calendar of the
court In the ordinary course Of events. AS
a result Of what tie justices learned r1er-
bert 8. Mase. who has. been clerk OF the
court for eleven years, was dismissed last
week, the judges refusing to accept his
resignation.
An Investigation has been begun to learn
just how many cases have been disposed of
in this way. The investigation has been go
ing on for two days. but every effort has
been made to keep the dismissal of Mase
and the circumstances leading up to it as
quiet as possible, and 1t has been difficult
to get any one connected with the court to
say what the investigation has developed
report Of what Is discovered will be made
to District Attorney Jerome.
A week or so ago Assistant District At
torney Miner, who is in charge of the Dond
department of the district attorneys office.
was looking over some old bail cases
charged to special sessions. His attention
was caught-by two cases against Harry
Holmes, negro who ran dance hall In
West Both street. When Bob Spriggs, the
sent to Sing Sing for twenty years, was
under fire Holmes closed up mis- place, .-.e
district attorneys office having received In
formation that Holmes had been In the
same business.
"Discharged."
Mr.. Miner found on his books that Holmes
had been arrested on January 80, this year.
for selling liquor without license. Holmes
had dance hall on the second .-oor of 1O4
West Both street. On March he was ar
rested again for the same offense. Each
time he had been bailed out. and Mr.. Miner
had heard in an indefinite way that Holmes
had left the jurisdiction. With that n mind
he called on Charles w. Culkin, Tammany
leader and chief clerk Of special sessions,
and told him that something ought to be
done about bringing Holmes to trial. .,r.
Culkin got the papers In the two cases
against Holmes and said:
''Why. there Is nothing against him. He
has been discharged in each case"
Mr.. Miner was surprised. and he looked
over the papers. Sure enough in each case
"discharged had been written across the
back Of each paper, indicating that the
prisoner had been arraigned before the
court and set free.
THAT'S queer" said Mr. Miner 81 won
der why 1 haven't heard anything about
bail being discharged in this case"
Dismissal Of Mase.
Mr.. Miner Immediately went to Justice
Zeller in special sessions. Justice Zeller was
astonished, too. He knew that 1t wasn't the
practice of the court to discharge men
caught for selling liquor without license
The general rule is to impose a pretty
heavy fine Justice 70 ar looked into tie
thing, himself, talked with his colleagues
and soon learned that Holmes had never
been arrigned before them. A meeting of
the justices was called and Mase was sum-
moned. In the meantIme he had talk with
Assistant Clerk William Fuller, who got
him his job eleven years ago. At that time
Mase was an elevator boy in the st. George
Hotel in Broadway. AS a result of his talk
with Mr.. Fuller Mase was prepared to act
when he was summoned by the Judges
Here is my resignation" he said.
He was told that he would have to make
an explanation of how "discharged' came
to be written on the Holmes papers, and
after he had done that the question of con-
sidering his resignation would be discussed
To the establishment of the justices. Mase
declined to make an explanation, and he
was at once dismissed.