New-York tribune., 1910-12-03
BARLOW CASE
MAGISTRATE Reduced Bail OF
Three Men, Who Then Vanished.
MASSACHUSETTS COMPLAINS
Whitman Says He Is Barlow's
Friend, but That the
Charges Are Serious.

District Attorney Whitman yesterday
presented to the Appellate Division the
evidence he gathered at the request OF
former Governor Hughes relating to the
conduct Of MAGISTRATE Peter T. Barlow in
tbe case of three alleged burglars. who dis
appeared last March after their bail bonds
had been reduced by the magistrate from
$4,000 to $500
In presenting the petition for review
of the evidence to be dealt with accord
ing to the law and the practice OF the
court" Mr. Whitman stated that his IN
vestigation was made at the direction OK
the Governor and was the result OF rep
reservations made to him by the Governor
of Massachusetts, and the appeal OF ciu-
Zens of that commonwealth, wherein the
integrity of the judicial process of the
State of New York was inpusned
Harris Rothstein, Jacob Goldberg and
Joseph Goldberg, the three defendants
were arrested at the request of tae Boston
police on the charge Of stealing Slo"o
from the jewelry store OF Samuel f.
lillian, in Boston. On March y, isio'
MAGISTRATE Barlow held the men in slo"V
hail each for extradition, and set near
ing for March 80. On application OF MOSES
Sachs, counsel for the defendants, the oaii
was reduced on March 29 to $500 each-
On the evening of March ~ Maslstfale
Barlow signed the bail bonds for the re-
duced amount The men then dlsappeareo'
and have not been apprehended-
It was alleged in the petition that Magts-
trate Barlow did not examine the nonas-
men as to their ownership Of the property
given as security
It was further alleged that the defend
-har hOnCSlllSH
signed the bonds, nor were they signed IN
the presence of the magistrate When the
accused did not appear for examination oh
March 80 the bonds were forfeited
Investigation then disclosed, II was al
legged that the house No. 272 East 10th
street the property mentioned in the bond
of Harry Sechery as being worth s4oc"'
was not worth more than s23, coo, subject 10
a mortgage of about $50 900; and that the
house No 22O3 Second avenue, mentioned
in the bond supplied by the other bonos-
man David J. Gluck, was not worth s4oVo"'
as alleged, but only $4,000, subject to
mortgage of $4,000.
The bondsmen, it Is further stated, owned
no other real property, and executions
against their personal property had oeen
returned by the Sheriff to the District At
torney unsatisfied.
Under the law a bondsnan is required 10
qualify in double the amount of the BOND
This necessitated GIuck and Scenery
qualifying to the amount of at least s5O,oU
| to secure the release Of the three defend
ants in the total of s15,GoO bail required.
The petition stated that the apparent
| equity Of the two bondsmen in the real es-
tate mentioned was $1,000. but on sale
under execution that amount IS not likely
| to be realized
| In an answer to the petition fled by
| Austin G. Fox and Isidor Kresel, counsel
| for Magistrate Barlow. most Of the facts
| in the petition were admitted. Denial was
| made however, of the allegation that at
| the time the prisoners were arra1sned be-
fore him Magistrate Barlow was Informed
| they were wanted for a $4,000 burglary by
| the police of New Haven
| IT acted in entire good faith said
MAGISTRATE Barlow, "and in reliance upon
statements made to me by a reputable at
| torney-at-Iaw. and on the sworn aftidavits
| of the bondsmen, and on the belief that the
bondsmen had sufficient equities in the
properties given by them as security 10
| cover the amount Of the bonds.
! An affidavit attached to the paper sub
| scribed by Lawyer Sachs set forth that
! he also acted in good faith IN securing the
| bondsmen for his clients.
! Anna B. GIuck. sister of Gluck. the
bondsman. in another affidavit quotes part
of an alleged interview between her and
Tavver Sachs when he called at her home
regarding the bonds.
| Mr.. Sachs represented to me that the
accused men were tailors and black
smiths she said. II said, Since you say
it is all right, Mr.. Sachs, we will go on
| that bond and he replied, I will give you
$500 for going on the bond "
| Referring to the petition, District Attor-
rey Whitman said last night:
| Magistrate Barlow is a personal friend
| of mine, and have always had full conf
| dence in his official integrity. but the
| charges are serious, and it is clearly my
duty to see TO it that the complainant
case is fairly and fully presented TO the
Appellate Division for such action as 1t
| may deem right and proper"