New-York tribune., 1909-09-20
NIGHT COURT ABUSES
ARE CENSURED.
First Year, Says Report, Was
g1Iarlfed by Many Loose Practices.

More system and closer observance of the stat
utes by the magistrates are the chief recon-
lnendations Of the Commissioners of Accounts as
the result their Investigation of the night court
from its opening August !, 1867, 10 May 81 lsVo
The commissioners were requested 10 investigate
by Mayor Mcclellan after the removal Of Magls-
srate Otto II Droege. Their report has just been
made public.
Loose probation practices, different mode of dis
oosal OF similar cases by magistrates. and release
~ urisoners by the latter without authority in law
are condemned. The record book Of probationeIs
was found 10 be Inaccurate incomplete ana uh-
Trustworthy; record Of attorneys appearing IN
ceases was kept; the court bondbOok was not coz
rectly written up: there was much confusion ow-
eng to the numerous cases being tried day ana
might in the same courtroom; cases were found
no have been reOpened and the sentences modlned
by magistrates without any apparent reason
The methods employed in the disposal of proba-
aion cases come in for extended attention. 1t IS
isaid that cases OF this description Were seldom If
ever investigated by the probation officers when
lfhe probationer was first placed in their charge
mo reports required by magistrates Further
more the commissioners say, the work of the pro-
lation officers inefficient. and they urge the
appointment Of chief probation officer, with some
actuGl power.
I The commissioners recommend that separate
courtroom for the sessions of the night court be
established and that new branch be created In
the northern section of Manhattan. They say;
night hours. when such protection is most needed,
is a serious consideration. The records show that
an the first five months Of this courts existence
August ! December 81, l9OI-there were arralgned
lhA59 defendants, a greater number than the rec
lords show arraigned In either the 9Th, lth or
Sth district courts for the entire year of 1897, and
within a thousand of the total arralgnnenis
sn any Of the other courts in the first division for
that year. These facts show the dsadvantageous
conditions under which this court labors
1 Among the other recommendations of the COM
Pensioners are:
That the board Of city magistrates. first division.
give consideration 10 the matter of the variety OF
Treatment Of similar offences outlined herein. 10 the
tend that Dlan be devised some basis OF
understanding reached by the different magistrates
whereby such treatment in future shall be more
NEARLY uniform.
That in future all magistrates orders for the dis
charge Of committed prisoners in the first division
be presented at the main office Of the Department
Of Correction: that prisoners be not released on
such orders by the prison officials without the in
dorsement Of the Commissioner Of Correction. or
board Of magistrates and Commissioner Of Correc-
ton cooperate to this end.
AS to the release Of committed prisoners without
due authority Of law, the investigators hold:
The Commissioner Of the Department Of Correc-
fion and his subordinates charceabe directly
with responsibility i'm these Of illegal dis
charge These officials by thus tacitlv consentinE
90 the unauthorized liberation Of prisoners by
magistrates. have in effect participated therein. In
cODtraVenti0n OF unamhigu0us statute which
their official positions required them 10 he conNer-
Eant with.
The scandal the liberation Of prisoners. thus
preferred 10. resulted in the removal Of Magistrate
Droege.