New-York tribune., 1910-07-27
PRENDERGAST TO FOSTER
Writes on Abuse of His Office by
JUDGES Personal Attendant.
TO HOLD UP NEWMAN'S PAY
Controller Tells How He Reached
0pinion-Foster Can See
No Irregularities.

0pinion-Foster Can See
No Irregularities.
Jacob Newman, personal attendant o'
Judge Warren N. Foster. ef the Court oil
General Sessions, has been using the court
chambers a private law office, according
! to information received by Controller Prem
| Gergast In writing 10 Judge Foster re-
garding it yesterday, the Controller said re
! had made a careful investigation of tha
/ conditions and had found the allegations
! true He calls attention TO Section 62 ot
/ the Code OF Civil Procedure, which says
/ that "sn attendant Of a court shall no.,
during his continuance in office, practise as
| an attorney or counsellor in any court,
and raises the point as to whether under
| the circumstances Mr.. Newnlans salary can
| be properly audited and paid.
| IF as II appears" writes the Controller,
there is an abuse OF public office main
/ taineI at the city expense, I presume you
! wish TO rectify it, ] can see no difference
! between a man in Manhattan who uses
public property without right and the fore
men and watchmen in Queens who neithac
direct nor watch. Because of the hardship
which would accrue to many innocent PEI
sons. have decided TO pass the payroll
! fer the present month, which is now in my
| hands. I trust that before another payroll
| is certified you will place me in possession
of such inforn1a ton as will warrant It's
audit
Controller Acts as Detective.
The Controller had Il mythical case ot
collection OF '1eht against James Hughes.
an empioye of the Finance Department,
pla So, - The
latter wrote TO Hughes on stationery which
gave his address as No. $50 Broadway
and his telephone number as "6051 Frank
lin" It happens that this is the private
telephone maintained by the city In the
chambers of Judge Foster. Newman told
Hughes that unless he paid the alleged debt
at will be my unpleasant duty to begin IN
action against YOU for the recovery of tie
same
Reciting the allegations made against
Newman, the Controller wrote TO judge
Foster:
Newman has a comparatively large .prac.
tice and all OF his clients call upon him at
the Criminal Courts Building, using the
means OF obtaining direct access to the Of
fees occupied by Newman. The address
No. $40 Broadway, which appears upon MS
All material i which is delivered at that place
is readdressed to the Offices in the Criminal
Courts Building. Callers at the No %o
Newman never comes here. but can De
found at his offices in Judge Fosters cham
bers. Criminal Courts Building" ,
Besides having the use OF tho common
Gus space in the courthouse free of rent
the use of expensive furniture. telephone
and postage free light heat and ana 1aIltoF a OF
the largest law libraries in the city, the use
of which is otherwise confined TO the judges
of the Court of General Sessions. The mem,
bers Of the bar of this city who appear IN
cases before the court do not have this
privilege The District Attorney himself is
allowed access to the library only by spe-
ciaI courtesy and has established a law
library of his own. largely a duplicate OF
this one. for his use as an officer of the
same court.
Newman has been seen in the civil courts,
where ne conducts most of his practice:
with law books stamped Court OF Generai
Sessions" which he has carried there for
reference I believe that it is a rule Of the
law library that no one except q judge or
the Court of General Sessions may take
book from the library.
Although he is classed on the civil list
as court attendant" Mr. Newman has
printed on his business cards Secretary TO
Judge Warren NJ. Foster of the Court Of
General Sessions" In the telephone drec-
tory he is given as having a telephone at
his home in Park avenue, and the further
Grim. Crit Bid. 6os1 Franklin He is not
listed as having any telephone at No S3o
Broadway An inquiry at this building yes
terday brought forth the information that
some trace of Mr.. Newman might be found
in the office of Louis Abrams. In that Of
fee 1t was said that he not there
and rarely comes there, but could be found
In Judge Fosters chambers.
II am further informed" wrote the Con
troller "that Mr.. Newman performs none
Of the ordinary duties of an attendant TO
a Judge, despite the certifcation appear
ing upon the monthly payroll of the Court
Of General Sessions to the effect that he
is regularly employed in the performance
of the appropriate duties of his position
judge Secs No lrreguIarity.
Judge Foster said last night that he
would make no formal reply 10 the Con-
troller until he had received the letter He
said however, that he saw no reason why
Mr.. Newman was not entitled 10 practise
law. so long as he performed all the duties
required OF him as an attendant to the
Judge.
THE Judges talked the question over
some time ago." he said and decided
that an attendant TO judge was not the
same as a regular court attendant, and
that the law old not prohibit the attendant
OF :, iuGge from practising law.
Mr. Newman is n splendid lawyer and
jE Invaluable to r1e Us an attendant and a
secretary l think that ] and the city are
to he congratulated Oh getting the services
OF man worth $500 or $4,000 for the
salary of an attendant to judge
Judge Foster said he had told Mr. New
man that he wanted him in his chambers
in the court, and that if he performed his
duties properly there was no objection to
his attending to his private work alter
ward.
Some time ago the Controller called Judge
Fosters attention to the fact that The city
was paving for n private telephone at his
home The Judge replied in q somewhat
TART letter. The Controller does not say so
-: i,in La ntect lntter but il is sand he mas