New-York tribune., 1910-09-10
.H|CC|NBOTHAM'S Defence.
After Denying Girls Charges
He Valves Examination.
HELD FOR TRIAL IN $1,000
Accused Magistrate Gets Two
Weeks Leave of Absence
to Prepare His Case.

Magistrate E. CASTOR Hgginbotham. of
the Bedford avenue court BROOKLYN. was
heId Yesterday In 81. .onO hail for trial at the
Court of Special Sessions on the charge of
assaultins Mary Hickey. The examination
in the case before Chief Magistrate Otto
Kemprer was resumed in one of the un
used parts of the Supreme Court Yesterday
morning As on Thursday afternoon. Rob
ert II. Elder, Assistant District Attorney,
appeared for the people, and Philip A
Brennan of No AZ Cedar street. Manhat-
tan. for the defence.
The first witness was DR.. Hartog Weld
probation officer at the Bedford avenue
court. He testified that at the time of the
alleged assault he was in the anteroom of
the magistrates private office, All through
the conference between Miss Hickey and
Magistrate Hgginhotham. he said. he stood
waiting for orders The door was at no
time closed and the magistrate did not lay
his hands on the girl. Neither of them sat
on the couch. as the girl stated in her
complaint.
Mrs Julia Mcclure. Of No. SIG West 14Sd
street. Manhattan. whose summer home Is
near the house which Magistrate Higsin-
botham occupies in the summer time at
1NpthdN dN Sdlu tHdI SIZE vas Nell 1CQudlnI-
ed with the magistrate and that she sat
in the anteroon the time of his inter
view with Miss Hickey and could see them
all the time. as the door was not closed
between. Neither sat on the couch. and
the ma agistrate did not once place his hands
on the girl.
The most important witness of the de-
fence was Mrs. Margaret Laurins She
September l, when she went to his court
to complain of the proprietor of a confec-
tionery store whom she suspected of steal
ing money from one of her children.
The next dav the complaint was dis
missed as the child was too young to tes-
tify-. Magistrate Higgnbotham called her
to his private office to explain why he had
Ia dismiss the charge. She was in the ante
room when Magistrate Higginbotham led
Mrs. Hickey from his private office. He
ca led on her To go into the office and take
care of Miss Hickey. who seemed on the
point of fainting. she said
On the return Of the magistrate ten min
utes later she arose from her chair and
walked up and down the room. while he
and the girl were talking together She
said neither sat on the couch, and that the
magistrate did not touch the girl.
Would YOU have screamed if he had
kissed herr" demanded Mr. Elder
Il would
why would you have screamed if he
had kissed her?''
To show that | thought it wrong
Did YOU ever have such an experience
yourself?" asked Magistrate Kempner.
Mr. Bremen protested, and the magis-
trate withdrew the question
re- ipb J,.-
annoyance of his counsel, volunteered to
make A statement under oath. He denied
that he had either touched or kissed the
girl and then said he elected to waive ex-
animation. This prevented Mr.. Elder from
crnss-examining
Mr.. Bremen again moved for a dismissal
but Magistrate kempner denied the mo-
ton
The bail bond was furnished by Alder
man ]. r Hoertz. of Magistrate Higgin-
botham's district. Magistrate Higgin-
botham then joined his wife and they left
the building together.
In the afternoon Magistrate Higgfn-
hotham applied to Chief Magistrate
Kempner for a leave of absence of two
weeks 70 prepare his case, which was
the suspension of magistrates under
charges and he would have had the right
to continue to act in his judicial capacity
until judgment against him had been act
ualIy prOnOunced