The sun., 1910-12-03
Release of Three Crooks on
Low Bail Goes to Court
for Review.
GOV. HUGHES ORDERED IT
District Attorney whitman Brings
the Case to the Ap-
pollste Division.

s@s~s <AstSsaVy titt - Ifti
tiou with the Appellate Division Of tn,
Supreme Court yesterday ask ing tn,
court to take such action rs il deemec
roper against City Magistrate Peter T
Rariow because he accepted insufficien,
hal for three burglars arrested here OF
he complaint OF Boston jeweller. rs IN,
result OF which ths burglars jumped Their
lail last March aud have not been appre.
hsnded since.
The District Attorneys action follows
an investigation he made Of the circum
sances surrounding the acceptance oi
bail OF 5000 each for the three men who
we're accused Of stealing jewelry worth
$4,000 in Boston and were wanted in
Philadelphia and New Haven for total
Of Sao.oO worth additional OF stolen s,uT
District Attorney Whitman acted at the
request Of Gov. Hughes with whom a
complaint was filed against MsGist rat =
Barlow's action by Gov Draper OF Massa-
chusetts last August
The Governor OF New York has no
Jurisdiction TO dispose Of charges against
City Magisr rates and hence Gov Hughes
requested Mr.. Whitman both personally
and in writing 10 cause charges 20 i've
presented 10 the Appellate Division.
assistant District Attorney Moss handed
up the District Attorneys petition to the
court yesterday without max ing any
rratement concerning the contents OF
The petition. Austen q Fox OF counsel
for Magistrate Barlow. submitted his
reply to the petition The cour; reserved
decision
The petition relates the circumstances
~ the arrest OF Harris Rothstein. Jacob
Goldberg and Joseph Goldberg by Head
quarters Detectives Duggau. kinstler
and O'farrell The prisoners were well
known TO tine police. although they knew
Fothstein best a. III. Smith. Joseph
Goldberg as Red Tracy and Jacob Gold
berg az ItZky the Mouse The police
entertained some respect for The smith
~ the inventor Of a can opener which
opened safes without much difficulty
and said that one OF the three men had
confessed that he and the other two had
lone the Boston job
Boston. Philadelphia and New Haven
had all sent requests TO New York for the
Inree men. and when they wer. picked
up the police concluded that the Boston
rick would he easiest to prove because
rney already had n confession. The Bos-
TON complainant was Samuel l.. lillian
Jeweller. Who had identified two OF the
men As those who cracked his safe and got
.way with 81 900 worth Of jewelry and
who identified n watch found on the third
The men were 8rraigned before Mag
l-G
court on March " and were held for
iorty-eight hours for investigation. u
Ian and a Boston detective appeared and
notified the Court that the Massachusetts
authorities had applied for the extra
iirion of the prisoners. Benjamin Saran-
-on. New Haven jewelier. accompanied
py detsctivs Of that city. was on hand
90 demand the arrest Of the men il thav
wsrs not held for the Boston robbery.
Tho District Attorneys petition saws
that Detective Duggan told Magistrate
Barlow that the defendants had stolen
jswslry OF total value Of S35 900 and that
Witnesses were on hand to prove it. A
formal charge Of burglary was made
againss the prisoners in which IL was as
-@rtad that some Of the jewelry STOLEN
from lillian and Saranson had been found
Dstsctivs Duggan asked that bail be
frsd AZ S2O.OO0 for zach. but Lawyer
Moses A. Sachs. who appeared for the
prisoners objected and tn. Magistrate
Isd bail at $4,000 each. Sachs pro
r.sted against this bail also. hut TN. Mag
l.'rate held them in hail Of that sum for
amnation on March ~
The petition says that on the night
bafore the men were to be arraigned
Nachs induced David J. Gi,Ick of 387i
Broadway to act as bOndaman for Roth
---in and Harry Sschery Of 272 East
Tsnth street to give bail for the Gold
uargs Lawyer Sachs got Magistrate
Barlow 10 rsducs the bail TO 5000 for
each defendant and accept the bondsmen
10 these amounts upon his promise IN
Substitute other bail IN court the follow
ing day The clsrk Of the Jefferson Mar
Sat court drew up bonds on the insfT'Ic-
uons Of Magistrate Barlow and the clerk
"ook them 10 Chuck and Sechsry at the
East Tenth street address. They signed
rnem there. and Lawyer Sachs then took
ms bondsmen to Magistrate Barlow-
nome where he administered the formal
path
An ie-uit 81 IN" District A''o-roy's
examination he alleges that 'hs Magig-
tFate did not examine IN. bondsmen as
% t:I- ownership of the property offered
~ bail and ,sksd them no questions
ncerninG the property II is declared
that he relied entirely upon the state
rnsn's by Lawyer Sachs and rhe formal
aifidavits of justification made by the
brndsInen.
On ihs day of the arraignment the
o"isndants did NOT appear and The bonds
wpr- declared forfeited but have not
A-"n collected. The p"''ion says that
n"l the property accepted bail was
Asd UP it was found that Sechsry'H
E-0p~rty wza not worth SO OD0. a. he had
HaAfsed hut only 973 OOO and o. as stbie