The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-12-29
COURT CLERK MASE ARRESTED
ACCUSED or TAKING MONEY TO
FALSIFY A RECORD.


charged aud O Third Fxonerate1
Lawyer Bolaud swesrs That He Gave
Mase $3.50 I'm the Holmes Case.
Herbert 8. Mase. a clerk In the Court Of
Special Sessions, who was dismissed sum-
marily last week by the Board OF Justices
for neglect Of duty after they had declined
to accept his resignation, was arrested
yesterday on a warrant charging him with
having taken money TO fslsify the calendar
in the case OF Henry l.. Holmes, q negro OF
lO4 West Thirtieth street, who was accused
OF selling liquor without a license.
The affidavit pom which the warrant
was based was made by A. X. Boland, q
lawyer, VIII was counse for the two men
who went on Holiness bon when he was
arrested. He swore that he had paid Mase
$3.50 to "fx" the records 10 show that Holmes
had been discharged when as a matter OF
fact he had not been tried at all.
While Mase was being arraigned In the
Tombs police court the Justices Of Special
Sessions were sitting in their chamber
making an investigation into the connection
OF two other clerks with the case. As a
result OF their labor Walter H.. Carpenter,
one Of the clerks, was ~summarily dismissed
from the service of the court and John
Hasselberger, another clerk, was unani-
mously exonerated.
According to the affidavit submitted by
Lawyer Boland the two cases against
Holmes were put on the calendar for October
8, but NJ succeeded in getting them adj
journed until November 2 on the ground
that the defendant was not at that time
within the Jurisdiction Of the court. Holmes
Is now In Montrea ! az he sh VS. no dis
position to return. Wit o his presence in
court it was practically SURE that his bon
would be forfeited.
Boland swears that when he went 20 the
Criminal Courts Building on November 2 he
saw MIse outside the Special Sessions room
and that the clerk asked him what he was
going to do about the Holmes cases. He
old the lawyer, acco ding TO the affidavit,
that they wers serious cases and that he
d ,ubted whether Boland could get Holmes
out upon trial. He also said, Boland swsars,
that instead Of marking the cases for Novem-
ber 2, as directed by the Court, he had
marked them to be placed on the calendar
for November %. After that, the lawyer
declares, the clerk spoke to him several
times about the cases, saying that IL Boland
could not get the defendant back to let him
know-that he might be able to help him
out. On October 20 Boland had received a
fee Of $500 from his clients. Continuing. the
affidavit says:
Subsequently, Mase came 10 me again and
said that he wanted $500 from me- and that he
would get the bail discharged in the cases
and that he had to see another party and that
he thought he could have the bail discharged
provided the money was paid.
On or about November ~ he told me that
the bail had been discharged in the cases of
Holmes and I told him / had got a fee OF
$500 in the case and would he be satisfied To
take half OF il. to which he replied yes.
Boland goes on to swear that he had but
little money with him, but tina he gave Mase
$40 on the second mezzanine floor of the
building just outside of the Office Of the
Clerk of the Court of Special Sessions.
Two OF three days later, according to the
affidavit, Mase game to him again and got
the balance. He raid Mase, he said, ti4O
on the north side of the main floor.
Assistant District Attorney Miner also
made a short affidavit that the papers in
the case Of Holmes had been marked Dis
charged on W recog.'
Mase was arrested by Detective Reardon
at his home at 3l4 West Fourteenth street,
and Immediately brought to court. where
he was arraigned before Magistrate Crane
under Section 4S OF the Penal Code, which
makes IL a felony punishable by ten years
ullPl III " a PAOlAO AAiNN a htlhNN
or clerk to receive money u~nlawfully in
the performance Of his duties.
When the young man was brought before
the bar Assistant District Attorney Miner
asked that he be put under 5000 bail.
Thereupon Magistrate Crane broke out.
Il am excee dinghy sorry TO find Mase in
this predicament,T said he with a fatherly
air. Il have known him long, and / lave
known him always 10 be a very competent
clerk. II | were the people Of New York.
.hat "a 20 Tho onan uuaa nnftHalx- lAff 20 ~
l would take the defendant into my private
room, talk to him and try to make him a
better man. l sympathize with him, and
can understand how he met temptation
and strayed from the path Of rectitnde.
However, his matter must be proceeded
with according to law, and | will have to
require sufficient bond
But, your Honor" said Assistant District
Attorney Miner, this il a very serious
case. II is not only a attack upon he
people Of this State but IL Ia an attack
upon the very foundations Of their liberty,
the courts themselves. You can readily
see that il these methods were practised
TO any extent in the other courts there
could be no such thing az justice. / must
insist that the defendants bail be fixed at
5000
After a wrangle the bail was finally
fixed at s., 900. After waiting ar hour
or more in court Mase was bailed by Daniel
Valenti, a hotel keeper Of II Park avenue.
. III liz ilcdIlluJS tbc hNcrNlhhtiOu Wy
the Justices OF the Special Sessions was
going on behind closed doors. A number
Of subordinates from Chief Clerk Culkin's
Office were summoned and put through
an examination. When the board adj
journed the Justices themselves refused
10 talk about the matter, but Deputy Chief
Clerk Fuller, under instructions, made
a statement in which he said that each Of
the clerks supposed to be implicated was
called before the board and informed Of
the charges against him. Upon the evidence
brought out Carpenter was dismissed for
dereliction Of duty but not for an offence Of
a criminal nature.
Carpenter had charge OF making the
calendar which was marked wrong. This
was the calendar on which the date set for
the trial Of Holmes was put ahead from No
vsmber 2 TO November % and the papers
subsequently Endorsed TO indicate that the
defendant had been discharged. Carpenter,
Mr.. Ellis said, was unable TO explain why
he had not obeyed the order Of the court
70 set the trial for November ? and for that
reason he was dismissed.