The sun., 1909-05-22
WOMAN ACCUSES MAGISTRATE
SAYS HIGGINBOTHAM KEPT
$500 SHE PUT UP AS BAIL.

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Assistant District Attorney VIII Present
Case to the Grand Jury In Brooklyn
--Maxistrate Says He Put Money In
HIS Safe TO Save Expense TO woman
Magistrate E. CASTOR Higginbotham,
a member OF tho Democratic county com,
mittee OF Kings and well known figure
In thel Nineteenth Assembly district, was
charged yesterday before Judge Fawoett
in the County Court In Brooklyn, with
misappropriatiug $500.
The charge was made by Mrs. Mary
Donohue of 2o7 South Ninth street. Inc
case OF John j. BRONX versus William D.
Donohue had just been called without
appearance on the part OF the defendant,
and Assistant District Attorney Elder was
moving that the baif bond be forfeited.
remarkipg that II seemed utterly worth
less anyhow. when q we'll dressed woman.
the defendants wife. stepped to the rail
and began in q frightened way to explain
her husbend's absence. The explanation
developed so sensat onally that the woman
and her mother-in-law. Mrs. Julia Dono-
hue were taken into the District Attor-
neys Office. where Mir. Elder heard their
stories at length. subsequently, departing
for the Bedford avenue court with Assist
ant District Attorney White and Mag1s-
trate Steers.
The story told by the women was to the
effect that Magistrate Higginbotham took
$500 cash from the elder OF them as bail
for her son. who was arrested on June 2s'
1908, for feloniously assaulting Bronx.
Later the man showed signs OF insanity
and was sent TO the Kings County Hos
pitai. whereupon Mr.. Higginbotham re.
turned tho $500 Donohue improved, and
his mother sought to have him released
from the hospital. 1t was then that
MAGISTRATE Higginbotham is said to have
demanded the redeposit OF the $500. In
return he gave Mrs. Donohue the bond
which tho Assistant District Attorney yes
terday characterized as worth less than
the paper it wasfwritten on and which the
hospital authorities refused to honor.
Mrs. Donoh,ie then tried to get her
$500 back. but alleges that she was put OF
with promises, told that It would cost her
something to recover. and finally urgeo
to retain for the purpose iawyerr rSa Of
Magistrate told her the $500 was IN his
safe 90 she and tho daughter allege!
No safe was found in tho Bedford avenue
court, however, when Mr.. Elder called
there The clerks didn't remember, any
cash bail transaction. but did recall an
old safe which tho Magistrate formerly
court % W. Was located in Lee avenue. The
there, but didn't get any more Information
than they had obtained previously. :,
Mr.. Elder was unfavorably impressed
with his failure to find the $500 and said
IL was safe TO assunhe the matter would
Only the City Chamberlain. he says. has
the right to accept cash bail Even had
the $500 been deposited with the Cham
berlain Immediately after its receipt the
irregularity would still exist and &C
cording to Mr.. Elder. now that the Mag
istrate hasn't even shown good faith,
he may be indicted. Mr.. Elder says that
ond deposit Of $500 the Donohue matter
was already before the Grand Jury and
his Jurisdiction over the case was at an end.
Donohue was indicted for an assault
committed while Bronx was out walk
ing. with his child in his arms and his
brother at his side, The men did not
know each other and the assault seemed
the result OF an insane. impulse. pono-
hue once fell 1876 feet into the East River
from Brooklyn Bridge while employed
as q painter on that structure. 1t is
believed that the shock affected hia
mind.
Magistrate Hissinbotham said last
night that the matter was ridiculous.
On being informed Of Elders visit to
the court house yesterday the Magistrate
Immediately called at the District Attor-
neys office and explained the affair to
District Attorney Clarke. He said that
all he had done In this case was to help
those who are unable to help themselves.
Il suggested to Mrs. Donahue.' he
said. that this money. need not be de-
posted with the City Chamberlain. asits
l took an interst in Donahue because he
was injured In the city service. The
money is locked up in my safe and has
been there since last August
Magistrate Higginbotham has served
eight years Of ten year term on the
bench. He goes out Of office on May
L. 1911,