The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-12-31
BARLOW CHARGES DISMISSED
arm DU JSION SOS M
JIOI irED Law.
Ns, Also Guilty S Neglect t~i OT se-
cause OF Error sr jude mrni an'' ''"od
PaA CMrrcr Sasxr>iion Made mat
LAWYER Moses sachs he Presented.

Barlow Tor taklHE Inile'l'HL" 'aA wv
three alleged hugI L,r-. hut IN It's decision
said that the Magistrate was negligent
In the case IN question and eNceeC"d his
authority 4 warning against doing
similar act- was issued I" Magistrate
Tn. opinion vi the court ~tld that adj
hitting the facts showing thus Isolated
instance It IN" failure NJ "a Maglstrat" 10
perform his duty, % i not sufficient hasls
for a charge against uim looNing Ia his
removal from Office
District Attorney Mhltmar filed
petition with tNc tppclldt" DIVISION ask
ing the court - Investigate" tine facts IN
The. petition and take such action "a might
BE- deemed necessary In" District At
tornev acted ~ N" request II Gov.
Hughes. with whom charges against
MaglStra,. Barlow had hs"n preferred ny
tin. Governor Il Massachusetts,. Harms
RothstsIn. Jacob t,oldb"rg and Joseph
Goldberg hal 'r,.n arrested her" for
burglary IN Boston where Sii mn worth OF
je~..lrv had h""n stolen and complaints
again. th"u from Connecticut and Penn
syivanil w-r" also IN In" hands vt IN"
police, ia. total hurgiITi.- f"r which Nh"
rr.n w"r" wanted amounting I" $3.50"
JeweIry stolen from the three com
pl.inants had been found ON the prison
err, and thare was other 'vidsnC" Of Id.ntl-
fcir!on sufficient to connect them with
the ;hr.e burglaris-.
When arr.ugn.d before Magistrate
Barlow tho prisoners were represented 10y
Moses 4. Sachs a lawyer, who asked two
days Adjournment. winch was granted
Sachs also a-hed the Magistrat" To re-
ducc the bail from sl5.u0 10 So 40, which
was done The detectives told IN" Magis-
trats that they feared the prisoners would
jump Their haIl II they wer" released on
hnU.lS and that no less than s2O us1 should
b. tixed a. IN" htll Magirtrat" Barlow
agreed to taK" SIS san for each prisoner
il the attorney would produce real estate
security.
The night before the men were TO be
arraigned again sachs took two men -
,!agi-tratn BarIow'- house Ia -Ign bail
bonds for the prisoners and the Magistrate
accepted the bondsmen and ordered the
relaa.. Of the prisoners. who promptly
fed IL developed afterward that valu.
OF the property offered as security did not
cover the amount Of taIl tNoi ana the
bondsm.n attempted To transfer their
property 10 that they could not be held
liable
Presiding Justice lngraham. who wrote
IN. Leading opinion. said that N" court
uTsVio -iy G.CId'.i - IN" Enlte az"
that a judicial officer NAV not n" removed
!og merely making AN '-ron"ous decision
or ruling. hu' he may h.' removed fC~
Nilfllly making wrong decision ar
,Og a rpckl.-- "NerCI-" 81 ht~ judicial
.uuctiouS without regard 10 tn" rights
al iitigaI.t- a. for manIt"StIng faEorl'l7m
toward ons. ua~t! or hls attorney. - 'h'
ur.IudiCr II apoth".. and 10 m" destTuC-
ton ~ his g-'' illness a. Magistrate
through tho lo-- e.; ;,ihliC confidence" IN
has fairness or integrity.
Th.. court remarks that Magistrate
Barlow has been a judicial officer for many
wears and mas hOTDs H." highest char
ac,e- for integrity ard efficiency IN IN"
discharu. OF m. .'-ItIr- and m" court
can take judicial notlC" Of that fact b..
ca,l-. tn. r,'yI..w ui discs that have come
befo-r IN" Nagi-' -..'"~ enables the court
TO judg" OF M 'uann"g m which they
perform Their dIfl.- Their" - no Sus-
pir.on that Magl-trat" l"'ow wa- A."
t,Iag.d by INA. rup"r motives or that any
iu.ItlCsiu, NJ wa offered 20 hl'u 10 secure
the r..sas. of III" prisoners and not "A
particle at "vId"u," that any Influence
was nxnrt"i 20 their behalf The only
inferanc. L. thar IN" Magistrate was
Negligent IN NOT 81 ing IN" necessary
precautions bgfoT" admitting IN" pri--
on.rr, tn bad. that hi- actions w"r" -ha-ty
and III a,ivI .'-d- and that h. -"N"rcl-''d a
rover not conferred upon nam
Presiding Ju-tI'-' iuZraham says ho
believes ia" Nag'-traf" had no power
- accept baiI for tN" prisoners under
the -tnrut. relating to IN" arrest Oi -
iIEtt'y" from .u-i!c'' from another stat"
and that hail can ~ taken IN !"h case
only by a .b-iID" II 'h-. Nupr"rr" Court
or n COUNTY JUDI" Thu Court saws
NaEi-trai" Bl-I0w .-l-o violated the law
in failing =" notify N" District Attorney
thai bail Wa ahouT to b. a"r"pt.d The
Court -ays that the fact THAT th- Magl--
trata was infunnC"-i ny IN threat Of the
prisoners attorney 10 apply 10 a Justice
n he Suprem" court for IN" dI-charg"
Of m" prisoners - no EXCUSE. because
he could not pre-lITn" that a JpstC" n
the supreme court would hay" dis
charged the prisoners pT admitted them n
bail ~ a less amount Than no hat evaCted
Justice Ingraham ~ayS that ~" pro-
roe~dings in IN" scceptanc" Of hail also
seem 70 have been irregular. because the
suresie. ver" subjected 10 NO "Jsrnina-
ton as TO their efficiency. hur simple
AFFIDAVIT taken without invest CATION ar
notice 10 the polio" Or the District Al
'ornsy although the MagIsrra'- had been
notified that tho prisoners w-r" con
frned criminals and had been convicted
for burglarleS before
The court SAYS n cannot he sad that
Magistrate Barlow wa- not Negligent or
upon him 10y law. hrIi IN tn" aheanc. Of
charge or suspicion 81 a corrupt or i'm
proper motIv" The "vIdenc" falls lar short
~ proof essential 10 convict th" Magi--
trase Of cokdIct that would justify his
removal The Magistrate relied upon
tho assurance Of the lawyer IN relation
To hail THAT h" VIA deceived hy the
assurances Of the attorney may be- COZ
coded saws the court hut nothing APP
pears 10 Justify "A suspicion that the Magls-
trare was not actually deceived and we
cannot ray from the facts thar "A reliance
upon such assur anccs was more than an
error 81 Judgment
The court say- IL - unfortunate thar
the prisoners escaped for otherwise there
probably would have been no complaint
against the Magistrate
Justice IauRhlin al-p writes an opinion
in which he says u would he better to
take further evidence TO make some points
more clear and remove doubts on others
hut the burden il not on the Magistrate
Justice Loughlin SAYS
Il feel keenly the reflection and criticism
n the administration II the aKtradltion
Jaw nv the judiciary ~ this State Justly
yeFired nv the record now before ths.