New-York tribune., 1909-05-30
GOSSIP OF THE BOROUGH
County Judges and Lenient Jurors
Recalls Custer Massacre.

The leniency Of lurieS in the County court Is
permitting criminals 10 escape punishment. in the
opinion Of Judges Dixie and Fawcett- The ease with
which several high hnanciers escaped what ap-
yeared- TO many persons their just dues is re
called by The words Of the judges in court the
other day The jurymen who permitted the in
dicted bankers TO go free had more excuse than
those who tried the cases in question. The testi-
1nony regarding the financial dealings was so com
plex that any one might fail TO grasp its meaning
Two Italians who had been found with goods in
their possession which had been stolen from a
grocery store were declared not guilty by jury
before Judge Dixie a few days ago. When the
foreman made his report, the judge gasped in
alnazement.
--sWhatg' ne demanded
Not guilty. repeated the foreman.
e-Are you men going to these two armed
Italians lcose the community again?" cried the
fudge such men as these are a menace to the
people among whom they live and should not be
at liberty You are discharged for the term"
About the same time a well known crook. through
tls- perjury apparently Of other men Of his iik,
was freed before Judge Fawcett. though the people
had substantiated their charge Of grand larceny
against him Judge Fawcett was as much dis
gusted Judge Dixie had been
This was a Gear case Of robbery he ex-
postulated when the jury had reported. This
man is member OF bad gang Of East side
crooks who came over here from Manhattan to
rob the people Of this borough. Your verdict is a
miscarriage Of justice. # sat here as often
and as long I do and heard the many excuses
them guilty rather than turn men like this de
fendant loose 10 go out and continue his depre-
cations
Sergeant John D. Martin L. s. 4. retired). who
works as a laborer In the Brooklyn navy yard.
saws he is the sole survivor Of the five companies
with Custer. he says that he trumpeter,
and was dispatched for reinforcements on June %,
1876. while Custer and his troops were in the val
ley of the Little Big Horn. Montana, about five
minutes before Sitting Bull and Crazy Snake, at
the head OF six thousand Indians. surrounded the
soldiers. The veteran came this country from
Italy in 1873 and Joined the army in 1914. He was
retired FIVE years ago. after thirty years OF ser
vice. He lives at 40. I6S Prospect Place.
Last Sunday morning Martin acted as color
guard Of the new colors OF the Admiral B. H. Nc
Gala Camp 50. Spanish-American War Vet
erans. the memorial field mass the navy
yard He is often asked 10 blow taps the
grave OF General Custer at West Point by the
Army and Navy Union Tomorrow he Will march
with the members Of Admiral McCalla Camp in
the Memorial Day parade.
Police Magistrate Furlong made ruling in the
Adams street court the other morning that may
be OF farreaching importance. The sum and sub
stance OF the ruling that a cat that so far
forgets himself 10 scratch or bite a human
being without due provocation puts himself by his
act outside the pale OF the law and must take the
consequences Of his perhdy without the right OF
irterposition the part Of the courts of Justice
This decision handed down in the case Of
Owen Rooney, a waiter in the Hamilton Club who
was arrested several days ago, charged with Bit
ing Thomas. the cat OF Mrs Ella Rosenberg
whose husband keeps a saloon at No. 176 Fulton
street. After three days in jail he arraigned
'on Monday there wasn't much doing for me-
be said when put the stand. so 1 walked
around and had couple OF drinks in Hicks street,
my home. Later I went 10 the place at No
17s Fulton street. There l had couple more
orinKs. I deny that ] was drunk.
Every time j go inte that place there's a big
cat lying the bar making faces at me. / eyes
him this morning and he kinder makes up 10 me-
ing like. Suddenly he reaches out his paw and
hands me unexpected. This makes me mad
and ! handle him some rough, but look al me
hand Those scratches got, every one OF them
for takin my part agin' that cat
Was that all that happened between you and
the cat?' demanded the Court
Yes. your honor. except that 1 sings him out
into the street by the scruff Of his neck"
You are charged in the complaint with biting
the cat on the back Of the neck with your teeth"
said the magistrat
That's where the complaint is dead wrong" re-
sponded Rooney. 1t wasn't me that bit the cat
bat sie cat that BIT me-
= think that cat is usually able TO take care
ot Itself remarked the magistrate and he there
uDon discharged the prisoneg.