The evening world. [volume] (New York, N.Y.) 1887-1931, 1909-02-11
BINGHAM SHOULD
. BACK Up CHARGES,
SAYS MAGISTRATE
iCorrisan Challenges Commits
+ sioner TO Act on Alleged
+ Dishonesty,
HAS OFFICIAL POWER.
Demands That Detectives Get
Evidence and Lay 1t Be-
fore Jerome.
HAS OFFICIAL POWER.

Magistrate Corrigan. who lad been
shooting ducks in South Carolina for
three weeks up to Monday spent last
night catching up with the news Of the
courts and the police, Then he went
account OF the Commissioners recent
structures on the Board of Magistrates
In general He prepared the following
statement for publication
Il do not wish 10 Critlcise the general
administration OF the Police Department.
hut simply to call attention to the un-
fairness and the misleading character OF
Commissioner B!nghams recent inter-
view in the newspapers.
"If, as Commissioner Bingham says.
the criminal law cannot be enforced
because the Magistrates are not honest,
It is part OF his duty as Commissioner
to detect dishonesty on the bench as
elsewhere and cause the punishment
of the guilty
Get Evidence, Says Corrigan.
ut has been shown that Magis-
trate may be removed for mtscoD-
duct II specific dishonesty las not
been proved according to the strict let.
ter Of the criminal law. | should
think that tho improved detective
bureau should he az we'll able to get
the necessary evidence a. ncwspapel
1T Is also true that IN no case OF
felony or mis,lemcanor is the MagiS-
trate's acton final In mtsi'meanor
cases the p.Strct-Attorney has power
snd information to act in tie Court OF;
Special Sessions. and It, felony cases he
can submit me matter to the Grand
Jury without regard to the action of
the Magistrate II this is not done 1t ~
because tho Dstrict-AttOyrcy believes
the action taken by the Magistrates to
have been prupet and, while the Com
missioner Is not a lawyer. ! feel that ne
IL aware Of these provisions 81 tho code.
"lt would seem to he his duty In cases
in W1in. lie believes the action % the
Magis'ratRs to have been improper or
erroneous 10 call the attention of the
/ pis'-I,t.At.ornev to the facts and to
continue the prosecution Of the case In
many case. evidence may h. ohtainabe
After the acton ~ the Magistrate,
(which was not available at the hearing.
"Pcrsoraiiy. know tuat | have been
Obliged TO discharg" prisoners for lack
o. evidence who were. ! felt morally
cure, guilty In some cases ] have
asked the Observation-Disclosures 20 revers =
me- and continue a prosecution because
OF new evidence.
Politics Not Considered
at Is no answer 10 this to say that
such action would take up too much
time, for the same amount OF time
would be consumed were each defendant
held In the first instance.
1T must he remembered that Magis-
! trate Is obliged to observe the rules OF
evidence and to enforce the law as II
10, and not as the Police Commissioner
would like II to be Owing to these
restrictions, have frequently been un.
ahle 10 imprison L man because he had
record OF previous convictions and
was found alive. well and walking on
the streets-even though a first grade
detective has watched him for as long
three minutes.
'T1nally. In reply 70 the statement
that some criminals cannot be punished
on account OF political influence. say
that It Is absolutely untrue. The Com
missioner knows, and his detectives
know. that no amount OF political infu-
snce OF any kind ever saved man
from going to the Workhouse when
the evidence Justified my sending him
there and believed he ought to go