New-York tribune., 1910-07-27
BARLOW INQUIRY REPORT
Governor Hughes to Get Papers
To-day from District Attorney.
EXONERATION is EXPECTED
Magistrates Action in Releasing
Prisoners on Bail Perfectly
Regular, Says Corrigan.

Regular, Says Corrigan.
Acting District Attorney Mott will for
ward to Governor Hughes to-day report
Of his investigation Of the conduct OF
| Magistrate Peter T. Barlow last March. In
releasing under 5000 bail each three men
arrested at the request Of the Boston
police for burglaries committed in that
city. The trio disappeared as soon as re-
| leased and have not been found since
They were Joseph and Jacob Goldberg and
Harris Rothstein. It is expected that the
report will exonerate Magistrate Barlow
| from any suggestion of irregularlty
Moses A Sachs, of No. 66 Park Row,
who was attorney for Rothstein and the
two Goldbergs, said yesterday that on the
day the men were arraigned before Magis-
trate Barlow in the Jefferson Market Court
he had protested against their bail being
| placed at $4,000 each.
| st had no idea of being able to furnish
| BAIL" he said, but / made the protest as
| a formality. The detectives who arrested
| the men asked for the bail to be fixed at
| $4,000 apiece. 1 tried to have 1t reduced TO
| $500 each. and Magistrate Barlow SAID
! that If l would furnish property suretes
he would consider a, reduction OF the bail
l did not hear anything said by the detec-
| tives at the hearing about connecting the
men with other crimes In this city and
Philadelphia. and 1 told the magistrate
| that 1 did not believe they could be re-
| turned to Boston on the evidence presented
| in that case.
when I went out of the court L found
| the wives and families of the men ana
some of their friends waiting for me-
| They suggested to me the two men Tor
| bondsmen. On was David Gluck ano the
| other was q man named Cherry. l did not
know them. but had heard of them ana
| when I looked them up l found them all
right. I went back the next day, thlnh
it was Tuesday, and in open court offered
bail for the three men in S5.UO each-
MAGISTRATE Barlow examined the sureties
and accepted them.
THE bail never was fixed at $4,000 and
afterward reduced. Bail was not fixed at
all at the first hearing, but the case was
adjourned for two days with the under
standing that bail would be fixed at a
lower sum than $4,000, if I could furnish
proper sureties Five thousand dollars was
not fixed on as the bail until l came back
on Tuesday and showed that 1 could fur
nish that sum
when the adjourned hearing was called
on Wednesday. the prisoners had skipped.
think they were scared by the threats TO
connect them with crimes here ana III
Philadelphia, as well as the Boston allalr.
| don't believe they could ever nave peeh
returned to Boston. think 1t was Simply
a case of their getting frightened l nave
been trying to find them ever since, and
exnect to get them and return them to
custody. l am working with the police
on this
MAGISTRATE Corrigan said yesterday that
MAGISTRATE Barlow was perfectly within MS
rights in fixing the bail of the three men
at any sum he chose.
IF the men we're held on a telegram
from Boston," he said, " it really was not
legal to hold them at all, ana II Masls-
trate Barlow had fixed the bail at $4,000
apiece they could have gone to supreme
Court Justice the next day and got writ
of habeas corpus OF course, II there was
a witness from Boston on hand. or II
there we're papers from Massachusetts,, that
would put q different face on the matter.
Rut from what I know about 1t l can
seq that MAGISTRATE Barlow did anything
not perfectly correct legally
.aTha case has not come before the
BOARD of City Magistrates and L do not
know that it will. The tnVestlgatlon oy
the District Attorney and the action by the
Governor will have to come first l can't
saw what the board will do after the
Governor acts
MAGISTRATE Barlow issued the following
statement last night:
The request of his eXcellency the Gov
ernor to the District Attorney OF New YorK
County in regard TO the 1erIS'tufe S otsrs 81 Who
we're arraigned before me In the last Gay
of March has been erroneously stated IN
perfectly simply Three men, ,l9 ,R99thsteln en-
and two others, We're arraigned before me
on SATURDAY. March a. On thei5 shI,oS own heoa con
quarters and were arraigned on the follow
Ing Monday, when a short affidavit was
to me and sgned Ts PS one 3f
stated that On Information received by the
officer he had arrested the three defend
burglary in Boston. They were prisoners
on the charge of burglary and nothing else
AT the request Of the officers l held the
on this short affidavit, which requested,
among other. things. that they be held a
might be procured against them
No question having arisen as to extradi-
tion, or interstate comfy, held the de-
OF their counsel, Mr. Sachs, and I said to
Mr. Sachs at the time Of holding that if
sareHies s Mesi9 would reduce the bail I to $500
This statement was made in the presence
of many people in the courtroom and of the
arresting officers.
The following day Mr.. Sachs brought
what he told me were proper sureties to
my house and I there took bail in S., 900
each Subsequently the defendants failed
to answer when their cases came up for
hearing and the bond was forfeited in due |
course.
Neither the reduction of the bail nor the |
taking Of bond in my own house, nor any |
circumstances In regard to the entire mat |
ter, except the original fixing of this SO 900 |
bond, was in any way out of the ordinary |
Everything that I did in the matter was |
absolutely regular and strictly in conform |
ity with my rights as a magistrate. 1 |
notice in one of the. papers the statement |
that I am Republican and that I was
appointed by Mayor Strong. 1 have been
an independent Democrat all my life and |
owe the honor of my appointment to Mayor
Low.