The sun., 1909-01-01
TOOK PRISONER AUTO RIDING
PAL HELPED TO
CONFESSION THEREBY.
Barlow Sanctioned Lawyer vandiver's
Maneuyre, and Humpty's Counsel In
q. 9. Express Theft Case Has Hearing
Transferred 10 Another MAGISTRATE.

barlow sanctioned Lawyer vandiver'l
Maneuyre, and Humpty's Counsel "a
Z. Express Theft Case Has Hearing
Transferred 10 Another Magistrate
Almuth c. Vandiver, former Assistant
District Attorney. who is being employed
by the Adams Express Company to pros
ecute Humpty jackson and three OF his
pals. charged with stealing thousands OF
dollars worth Of express packages. brought
on queer mixup in jefferson Market
court yesterday by the methods he had en-
ployed to get evidence. The outcome OF
the matter was that the case was trans
ferred TO Magistrate Krotel for hearing
In the night court.
Humpty jackson has been arrested more
than hundred times vandiver wants to
make him out a habitual cri minal and
have him cent away fer life On Wednes-
day he got a confession from James
Flynn. alias Kelly. one Of Humpty's pals.
That afternoon he got permission from
Magistrate Barlow to take Flynn from the
prison where ks war held in default Of
bail Vandiver and Policeman Guligher,
Magistrate Barlow's probation officer.
had Flynn with them all the evening
and he got back TO the prison about
II o'clock at night
Yesterday morning when Humpty,
who was out on bail, went to court he was
arrested on a second charge of the larceny
Of a 81 900 fur coat When he and the
three other men accused Of package
thefts faced the court their lawyer, Louis
Spiegei said:
Il wish 10 ask your Honor that this
case be permitted to go before another
Magistrate on the ground that the pro-
ceedings that we're enacted last night
by Mr. Nandiver and your probation
officer, Guligher, without process Of law
in taking one of the defendants from the
prison, entertaining him at Mr.. Van
divers house and riding him around in
an automobile have tended to prejudice
your Honor in the hearing Of this case
| am convinced that we cannot get fair
and impartial hearing"
He also criticised Mr. tandiver as
assuming the responsibility Of the District
Attorneys osfice MIR. vandiver said he
had I'D with the consent OF District
Attorney jerome. wnom ne mad consi,iieG
about the case. He admitted that he
had had Flynn out in an automobile and
had taken him to his house, He also said
that the nights work had resulted in the
recovery OF many thousands Of dollars
" orth Of property and that Flynn had
confessed 10 him that the gang had stolen
pack ages 10 the amount Of sl00.0OO
Magistrate Barlow said he did not
think ne had heard enough about the case
TO he prejudiced.
From what have heard Of Humpty
,Jackson's career" he said, Il am OF the
opinion that he is a menace to society. (
case tried so that there may be no lmpu-
tation Of bias on the part OF the Court.
II 10 an extraordinary request, as II Is
based or the friendship Of MIR. Nandiver
and myself. the activities of my proba-
lion officer and the request Of this menace
10 society. However, ! will permit II to
and myself,
They decided to let the case come up
before Magistrate Krotel in the night
court on January /. Bail was fixed in the
overcoat stealing case at 5000. Flynn
vas paroled in MIR. Vandiver's custody
at the request OF Mr.. Jerome,
Mr. Nandiver told Magistrate Barlow
hat on Wednesday Humpty, who was out
IN bail, went into the prison as visitor
md threatened to kill one OF his pals II
le -squealed.'
While Humpty was in the court pen
morning he asked the court
to get hima cup OF coffee, re-
luest which usually is not denied to pris-
,ner. Culigher told the messenger not to :
10 il. Later he took the messenger out !
# the prison and led him through the
,rivate door into the Magistrates room. s
here the messenger was advised by Mag
strate Barlow to be more careful In his ,
ealings with prisoners.