New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-08-05
FOSTER GIVES OUT REPLY
Saws Newman Did Work He Was
Paid for Doing as Attendant.
SORRY TO LOSE HIS SERVICES
Judge Says Controllers Informa
ton Is Not Correct as to
Attendant Duties.

| The discord between Judge Warren W
Foster, of General Sessions. and Controller
FIendergast grew in volume yesterday with
the jurists reply TO the Controllers letter
Ic-iticising the conduct of Jacob Newmal.,
the personal attendant and secretary of
JG6ge Foster.
I The dean of the General Sessions judges
fointed out that, iEasmuch as Newman had
/ resigned whether or not he had the right
| to practise Law While still acting at
tendant to Judge" was an academic aues-
! ton. He expressed the opinion at the same
! time that no law was violated, and regrets
| that Newman had insisted upon the &C
| ceptance of his resignation. The statement
! OF the Controller that postage. telephone
sc rvice, etc. we're furnished to Newman at
the city's expense, Judge Foster declared
was "unfounded Equally unfounded, he
! said, were other statements in the Control
| lcr's letter
! In his letter of resignation. made public
yesterday. Newman insisted upon acceptance
of his resignation. intimating that he would
hs ve resigned long ago save for the urgent
solicitation of Judge Foster that he retain
hic position
Held Place Against His Will.
1T has been against my will he wrote,
| that I have retained the position, despite
tic fact that it would have been to my per
scnal advantage to have devoted myself
wholly and singly to the practice of my
profession
Judge Foster in his letter reminds the
Controller that there is a distinction be-
tween court attendant and attendant to d
Judge, the restrictions of the Civil Service
regarding the former not being applicable
t. the latter. He wrote as follows:
Each Judge of the Court of General
Sessions has the right TO appoint one such
attendant, and his duties are such as the
Judge may assign to him; hence, [ believe
that there is nothing in the law which
forbids Mr. Newman to engage in practice.
Whether or not l am right in this View,
| however, has become a moot question, Tor
Mr.. Newman has resigned his position as
my attendant This he has been desrous
of doing ever since he was admitted to the
He has remained with me only at my
solicitation. I have induced him so to do
because l have felt that the advantage
which the public derived through having
in its employ in this capacity a young
lawyer of such intelligence, integrity and
ability justified me in urging him to make
the sacrifice. / do not think that it would
be fair to him TO urge him to continue,
now that he has been made the subject
of an attack
What Newman Had TIC Do.
You say that you are informed that
Mr.. Newman performed none of the or
binary duties of an attendant to q Judge
The facts are Mr.. Newman looked after
my official correspondence, taking entire
charge of it in my absence; saw WhomSo-
ever called for me when l was on the
bench ascertained for me in the first in
stance their business with me, referring
them to me only when necessary; received
all legal papers submitted TO the bar to
the court, and made such Investigations
as l required or directed ,..,.
To perform the many responsible duties
which | pat upon him required not only
long hours of constant attendance IN my
chambers but high degree of intelll-
gence. learning, ability, tact and discretion.
all of which he brought to bear to the
entire satisfaction not only OF myself, put
also | have reason to believe. TO the salts
faction of all with whom he came III con-
tact in official relations, Your lntormatlon'
therefore, would seem to be unfoundedi So
in fact are such other statements as, Tor
instance, that the Offices occupied by him
We're entirely remodeIled and renovated
under his personal direction; that com
modious space" postage, telephone, etc.
We're furnished him. etc Inc tacts are are
that the small anteroom OF my champeFs
occupied by him and by stenographef
was remodelled together with the other
chambers of the other judges pursuant
Ia a departmental architects plan: in all
the work connected herewith Mr. New
man locked after such details only as I
directed. a..
Equally unfounded are statements that
he has availed himself of the services OF
stenographers and clerks Of this court IN
his practice. Mr.. Newman informs me,
and / believe him. that he has, maintained
an office and has personally defrayed all
EXPENSES incidental to his private prac-
tee which I may indicate is confined to
civil cases, and 7 may add that l have
paid him myself for such private work
as he has done for me.
Deputy Controller Mathewson, in charge
Of the Finance Department in Controller
Prendergasts absence abroad, was not sure
that Judge Fosters letter had satisfactorily
answered the inquiries of the Controller
regarding the alleged misuse of the tele-
phone in his private chambers by Newman
or the use of such chamber by Newman
for the conduct of his private law practice.
He said the letter would receive the Con-
troiler's attention when he returned.
When Informed of the Deputy Controller 5
comment Judge Foster replied: My letter
/ speaks for itself