The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-04-27
WILL COMPLAIN OF JUDGES
DISTRICT ATTORNEY GOING TO
THE BAR Association.


D48e8 20 AuM1e VufG Ws8Ptetpom - 70
Naslnfy she Law asa nefw-e physically
, % PunsnA NRpeesers as % PvsSSGses-
District Attorney whitman IN going to
lay befOre the grievance COMMITTEES Of
the BAR Association two dessiOns by Jus
iices Of the Special Sessions which in his
opinion make u impossible to convic,
in that court for a second or third offence.
and their many suspensions Of sentence.
When asked yesterday what charge the
grievance COMMITTEES could make IL d
decided To take up The case Mr.. Whitman
replied:
'Abuse % discretion The Appellate
Division Of the supreme Court has the
power TO entertain charges for the abuse
Of discretion on the par' OF the Judges
OF inferior courts or criminal jurissiic-
ton
The District Attorney criticises the
court for what he calls hs too merciful
dealings with AUTOMOBILES speederS. He
there we're ~ Suspensions ot sentence
by the court on violAiors Or the motor
vehicle 'Aw. This - a. The rate nf about
i.Oo suspensions 81 sentence for convic-
lion Of this one charge alone IN The course
% the year sAd Mr. Whitman. This
includes some convictions Tor SECOND and
third offences
The issue between the District Atior-
ney and the Justices ~ spe,-ial Sessions
was raisssl by the case ~ Walter Reppin.
who was charged with speeding a, the
rate ~ twenty Ave miles an hour ON
March 10 last and was held by a Maxis-
tra's for triaI in Special SESSIONS. In the
routine of the District Attorneys once |
10 was found that Reppia had Leen fined |
enc" before for aIpseSling. and ia the |
Information lodg,sl in Sp-cial Ss-siona |
10y the District Attorney the charge. |
according to custom. VAS chang.si to /.
SECOND OG"nce-
Xenophon HIliv. Rsppin'- counsel. !
uTgct tha' the offence charK,sI vas not b
the ON" the Magistrate had held the de- |
PENDANT on End that the Case came within I
the rule l1id down Nv the recent deci.
sion % The Appellate Division in the case
OF People W. Dillon that the Code ~
Criminal Procedure does not give The Dis
srict Attorney a." power "a law an in
formation for a crime other than thai
Tsferred tn him 10y the Magistrate
The bench m Special Sessions. con
sis1ing % Willard u. Olmsied. Joseph NJ
Deuel. and loreuz Teller. sustained Mr.
HUddy's contention Justice OtsnsseCi.
for lhe court, said:
The defendant vas not accorded his
psgss bsfurs tire Maya. 4
traie a. to whether ne was the Waiter
Repptn who WAS on juno y toOa. convicted
for unlawfully operating Al automobile
IN the county OF New YOrk and in tina,
respect . substantial right has been
denied him. His case 70 analogous TO tina,
large class 81 Gases where indictments
have been set aside or dismissed where
found on insufficient or improper evi-
dence presented to q Grand Jury The
o. the offence ~ second
ran he trea'ei ss surpltisag- There
remains Sufficient matter alleged Ia put
he defendant to his plea To = first Of
fence II
The Distric' Attorney says thai jus
ices OlnlsseCi. deuel. AMI WYATT also ex-
ceedsd their authority in permitting
Henry n Guthrie to withdraw his plea
N guilty tn = second offence Of speeding
aud substitute q plea To a first offence.
The Justices thought that the evidence
disclosed a trivial violation which did not
merit the riRor OI law. Instead % the fine
u 80. the minimum penalty for = SScOnd
Guthrie paid s2s.
Justice Olunstssl said this action Was
proper ~Ecrcise 81 the discretion 81 the
sOurt.
Two 0f the Justice. HOyt and MAyo. =
dissent from the views u their colleagues.
Referring 70 Suspensions u sentence
~ the court Mr.. Whitman said: u
In every case the provisions Of the In "
nj the facts OF the css- were specifically
allied 10 the attention Of these gentlemen .
N the bench by ray assistant. Mr.. sfryker.
y no has patiently and per-lstently en-
lea Vored % secure the enforcement % the .
49, In thts court despite the attitude Of the !,
ourt. their apparent desire and their
apparent determination to nuillfy the
eRtute. ] have no quarrel whatever
With the Judges 81 the Court Of Special q
Iessions iRdiv dusIly and an only trying Z
o de what 10 my perfectly obvious duty q
o rho end that the streets Of the city MAJ
q reasons bly, safe. IL h difieuit to get 4
hese matters INTO the higher courts, az
he people have no appeal exceps in de-
nufEetH amu N mDttu<1m Io sfbUtt Ot Ju0G~
nenf made by the defendant. which Of 2
ourss seldom " ever occur In this court. J
Or. stryksr to-day ssksd the courtesy II
9 an sdjournment % sentence In order Q
hat Ue might obtain from the supreme
curt q writ Of prohibition, thas getting q
revts~ Of the case IN . higher court. Tia
Judges piainly Indicated their unwilling 4
60 - have the polnt properly litisated
nd dsnis1 the motion.
u b my puFpoee 90 ask the Legislature 4,
Q the State 70 provide BY Law that sen
snce may not BE- suspended IN tho Court =
G Special 8esaions where the defendant ,
as Formerly been eonvtefsd az q crime. ,
he provlaions of law nov give tho power =
o tho Supreme Court and tho Court Of 4
lenarnl 9asaio1aa 20 suapand eentemca a
rhere the dsfSuaaAe has net been prevt-
usly convicted a fnleay. Other lseisla-
lon h IN comssEAUlaeisn. and after sufactsna
aaa has bsen eolAaeed h win be placed :
afege the grievance committee q th0 Bar .
ssoeAatbon f0f such aettoa 90 n may deem .
tie q
CusDegssa Dselsa msssseeao1 30 senate. :
AUsTEE. Tsz.. April ee.-1hs annOuncs- .