New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-05-18
It Is Stated They Will Cause at
Least One of the Judges OF
General Sessions to
Leave Bench.
MUST BE FILED WITH DIX
Senate Alone Then To Be Court
for Impeachment-New Gases
Under Investigation-Law
Gives Stenographers
No Latitude.

sions Court by the grievance committee
Of the Bar Association, it was posltlVeiy
stated yesterday. will result in the fling
~ charges against at least one of the
judges of that court.
The official publication of charges, CO.
incident with the filing of a report from
the Bar Association to the Governor, is
not expected before the last of the sum"
mer or the early fall. but man who has
been connected with the widespread in
quiry into the conduct Of the judges Is
the authority for the statement that
when that report is filed it will contain
an arraignment against at least one cf
the judges VIII is expected to cause
him to leave the bench.
"If even one Of the judges IS forced
out as result Of the disclosure OF the
conditions such action could not help
but have a good effect on the work Of
the whole court" said this man.
The method provided by law in the
case Of charges being filed against
General Sessions Judge is that the conf
plant shall be lodged with the Governor,
who shall transmit the same TO the Sen
ate before which body the accused judge
shall be tried in impeachment proceed
ings For a Supreme Court justice pro-
ceedings must be carried on before
joint session Of the Assembly and the
Senate, but for General Sessions judges
the Senate alone is the court.
Triangle Fire Trial Records.
Meanwhile in spite of the deliberate
movements Of the Bar Association, the
Commissioner of Accounts and the Po-
lice Commissioner are continuing heir
investigation in collaboration along their
own lines. With the more serious end
which .it has in view the Bar Associa-
ton is proceeding more slowly and With
more attention to detail In addition to
the fifty cases from the General Sessions
court which they have had before them
for some months past, they have recent
ly applied for the records in the trial Of
Harris and Blanck. the proprietors of
the Triangle Shirtwaist Company. and
for the records in the case % Louis
Poggi.
Commissioner Fosdick said yesterday
that he had discovered that the minutes
Of trials were apparently not So we'll
taken care of as might be supposed This
feature was disclosed when he endea-
vored to get at the record Of the trial Of
"Dodo" Ellis and Patrick O'Brien, re-
puted gang leaders who were acquit-
ted before Judge Mulqueen on June 16,
1911, on an indictment for robbery in
the first degree.
The story told to Mr.. FosdiclI, which
caused him 10 look up the record Of that
trial was that the two defendants ad
robbed and beaten Mrs. Lizzie Hagan,
then OF No 544 West 39th street. on
April 19, 1911. when she found them
riAing her fat on her return from a
shopping tour.
stenosraphic Notes Missing.
Fosdicks subpnna duces tecum
brought one Peter Mclaughlin, a court
stenographer, 10 the office Of the Com
missioner Of Accounts yesterday. Nc
Laughlin took with him a transcription
Of the record Of that trial up 10 and in
Guiding page 13j, and he testified be-
fore the commissioner that he had been
unable TO finish the trial himself and an
assistant named John J. Smith had
taken it up from that point. Smith was
subpenaed and swore that, so far as he
had been able to ascertain. the record
was missing Smith said that he had
taken the stenographic notes of the rest
Of the Ellis -O'Brien trial. but he could
not tell where the notebook was.
The part Of the record Of the trial
which Smith swore was missing Is the
only part which will tell whether the
acquittal Of the two defendants was by
jury verdict on the evidence, or by
specific direction Of the court
In spite Of the missing record, ii was
disclosed that the evidence had estab-
lished the story substantially IN accord
with the testimony Of Mrs. Hagan, the
complaining witness, and there is in eX-
istence a photograph OF Mrs. lIagan,
taken IN the hospital to which she was
removed after her experiences with the
defendants, which showed that she had
been severely beaten. The photograph
was not shown to the jury.
The question Of the latitude allowed
stenographers has been under discussion
by the Investigators, and, although by
custom they have been in the habit OF
using their own discretion about put
ting in comments by court and counsel,
several lawyers asserted yesterday that.
under the law, they had no choice but
TO record everything spoken before the
jury.
Felony for Stenoerapher.