The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-03-10
MAYOR WARNS MAGISTRATES
sow OP THEN arr "THE
WORST" SOWE TBE FINEST.
Tue IDssFesaFa ~G Evidence ana law b,
the worst q 20 Ne NSsed and Repsrted
nv Hsm - the Appe,Iate DsNIssOa
letter 10 Furisag's Successor.


nv Hsm - the Appe,sate DsNIssW0
Letter 20 Furieag's sueeesser.
Mayor Gaynor gave notice 20 the City
Magistrates yesterday that the open dis
regard Of Law and evidence by some Of
them in handling cases before them In
going 10 bs reported to him a. IL occurs
and laid by him before the Appellate
Division with q view to their removal
from olice He calls some common
proceedings the Magistrates courts
-fooIeries- and says that we have some
Of the worst" Magistrates here a. we'll a.
some Of the finest
He said these things in a letter to Moses
J. Harris. whom he appointed yesterday
a Magistrate 10 succeed Magistrate Fur
long. convicted o. taking a bribs This
10 the letter
am selecting vou after much care 10
succeed Henry J EuriOnE a. Magistrate in
BROOKLYN borough
Make a resolution a. the time Won are
sworn IN never to allow Yourself to ne
moved by political influence. or any inn
proper interference m The discharge OF
the duties Of your once
let the ease Of no one however humble
fuI attention.
he not siated with your powers. which
are very Ereat. and apt to turn ones head.
but humble and patient.
DO not convict any one unheATd. since
have been Mayor my attention has been
called to cases of onhAnd and os,ent Atious
convictions OF humble persons by MaRts-
;rs;es which were gross wrongr. ! sent
secretary to copy the record IN two Of the
cases and found that no evidence what
ever was taken.
See 20 it on the other hand that arrested
persons are not discharged when they
should he held. II II very Encouraging to
tho poice Tn have Magistrates discharge
prisoners against whom ample evidence
Of crime 10 presented. AND the same " true
In the case Of minor offences
II an onicer sees q woman In the strees
oglinR man after man. and speaking to
them and arrests her A. a disorderiy per
SON. Il n deplorabls to see a Magistrate
discharge her on the ground that - the
policeman did not hear what she said 20
the man there was no evidence that she
solicited Her actions are evidence Of II
suficIent TO put her TO her explanation or
defence. Words are not necessary.
In tho same way Il seems to be- q common
thing 20 discharge . liquor dealer against
whom the evidence - that q person ordered
whiskey Of him and that IN respon@e h =
furnished something - whisEey. u l.
said that thia furnishes no evidence that
the drink vas Whiskey. which entirely
Overlooks that the production of n 80
Whiskey by the defendants n an admission
by him that u was whiskeS. Ia - not
necessary TO have q Whi-key expert testify
that u IL whiskey. could multiply similar
fooleries but these suffice for illustration.
I intend to have all such cases reported
TO the Polirs Commissioner. and by him
to this ONE. tn he presented To the Appel
late Division Of the supreme Court through
the bar Association In cases for the re-
moVal Of such Magistrates.
IL - gratifying to saw that ne have some
Of the finest Magistrates az well a. some
Of the worst. In the administration %
the criminal law the natural conclusion
from a given state Of facts IL Just ~ per
mlssible a. in any Of the AFFAIRS Of men
when Magistrates lose sight Of this or
are too narrow minded 20 comprehend u :
they turn their once into ridicule and
dIstrust
Re a broad good man and YOU will he
great Magistrate and I shall always be
glad that appointed you.
write this for more than you. for
believe II - high time that the appointing |
poser take note Of the conduct OF some
OF our Magistrates
Mr. Harris was horn IN this clty fifty |
years ago and N a graduate 81 the College
Of the City % New York and Of Columbia
law school He has practised law for .
twenty-five YEAR, in Brooklyn. lie IL
secretary ~ the Kings County Bar As !
-ociation and IL treasurer 81 the Hebrew /
Orphan Asylum lie lives az St9 Third 1
gtreet BrooklVn