New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-03-06
MAGISTRATES RISE
DENY FURLONG CASE
REFLECTION.
Special Meeting Calls Upon
District attorney Whitman
for VmdicdtiOn.

A resolution calling for an immediate
investigation by District Attorney Whit
man of charges that two members of
the Poard of City Magistrates of the
1st Division were guilty of crimes
similar to those that caused Magistrate
Furlong, of Brooklyn. to receive a prison
sentence was passed yesterday after
noon at a special meeting of the 1st
Division magistrates held in the West
Side Court Building
The judicial wrath was directed
against Assistant District Attorney
Elder. of Brooklyn. who is alleged TO
have caused the circulation of a state
rnent that two of tho 1st Division
magistrates had been guilty of improper
conduct.
Magistrate Corrigan introduced a sec
ond resolution advocating Elders re-
nnoval, and those present were unani-
NOUS in expressing a willingness TO de-
nnand his removal for conduct which
they held disqualified him for holding
office in that he is alleged to have given
TO the press scandalous allegations be-
chance of defence. employing ANONYMOUS
letters or letters Of unknown writer's TO
cast reflections upon a body of honor
able men
But it was finally agreed that there
was nothing more than a moral GER
tainty of the offence held against the
Brooklyn official, so a new motion. in
was submitted
Caution to Go Slowly.
We have no proof that Elder gave
these letters to the press said Magis-
trate Breen. What evidence of his cuI-
pability have we that would stand in
court? We think he talked TO reporters.
but in fact we do not know that to be
what happened. A clerk might have
given out the letters Let's not be ri
diculous"
Accusing Elder of going off half
cooked, We do not want to make the
same mistake" agreed Magistrate
House
So Magistrate Corrigan amended his
resolution to read that the chair appoint
a committee of three TO ascertain by
with District Attorney
Clarkek whether or not his assistant. r.
H Elder gave out the information in
question to the press.
Magistrates Corrigan, Harris and Bar
low were named for this committee.
Magistrate Steinert then said that Ell
der sprang into prominence in the last
campaign by giving out a statement
gainst the present Mayor and that when
called upon 70 substantiate it he admit
led it was formulated on a hearsay
statement that he had not investigated
But in the matter before us to-day
he newspapers are as guilty as Elder of
printing libellous charges without proper
nvestigatiOn and I move that we notify
he newspapers that we demand some
-espect from them" continued Magis-
rate Steinert If the newspapers had
oeen fair and just they would not have
printed hearsay scandal without first in
forming us and taking time for a thor
,ugh investigation l therefore move
hat we stand up for our rights and
show that we have nothing TO fear from
he press by instituting libel suits
against every paper in New York that
printed the charges
lard to Prove Libel.
MAGISTRATE House argued that. 10 prove
ibeI bv innuendo inasmuCh as no names
,ad been printed. the burden OF proof
would be on the complainant 10 establish
jbel by showing that in an article i'm
,ugning unjustly the acts of two OF a
BOARD of sixteen the publication referred
q the one seeking redress. He declared
hat if the duty of looking into the libel
avs fell TO the committee OF rules and
discipline he would resign as a member
nd chairman OF that committee because
le was already sure in his own mind
hat it would be waste OF time.
Magistrate Butts felt that some means
# redress would be found in an appli-
alton of the common law. Magistrates
and Harris thought If no law
IN the statute books applied in this case