New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-05-17
TURN ON THE LIGHT,
JUDGE 0'SULLNAN SAYS
Continued from first page.

more concerted effort by police and pros
ccutors 10 get convictions
one of the General Sessions JUDGES
" no would not he quoted. explained 'h't
IN his opinion the reason for the la'N VI
convictions in gambling cases was "o'
the fault of either police, prosecutor OF
nudge. but solely because Of an inherent
Discrimination on the part OF )urymch t..
convict men FOR gambling.
1T is the same with excise gases, saiu
this Judge yesterday. "A juror mas III
his mind the feeling that there are many
other NiolatorS of both excise ana
gambling laws who escape arrest. Inc
Juror may even believe that the arrest
I'm the case before him is the result OF
police pr, iudicc against the particular
defendant. and he simply will not vote
for a conviction.
II have had gambling cases before me
i'm when the evidence presented was
complete in every sense of the word.
The gambling implements were before
the Jury. the stool pigeons had played.
conference Will he Il renewal of the fight
against gambling houses, attended by
the raiding party caught the players
almost in the act and the evidence was
in every way conclusive. Put tho jury
would acquit"
This Judge believed that continual ac-
tivity against gamblers by the ponce'
even without convictions. had It's deter
rent effect upon gambling, because OF 'h'
Inconvenience 1t put the gaihpI'r' TO-
and because Of the jcopardizlhg OF th'Ir
liberty at least until the trial was COM
plotcd. lie had no criticism to offer IN
the work OF the police IN getting "vi-
dcrce which came before the General
Sessions court. and said that II would be
unjust To criticisc the whole fore" be-
,aiIsc ~ an occasional exhibition Of in
efficiency ON the part ~ one member
of H.
commissions Fcsdick forwarded N'r
fordav TO Commissioner Waldo another
icttct giving u r-,Icw of the cas-" of the
, people aEt John McIarcn, in which Judge
Mulquocn suspended sentence and re-
leased the prisoner without parole. The
complainant was an Englishman rarncd
Ernest g. Hamilton. lvcrymau. who
had formerly employed the dcfcu liant
McIarcn quarrclcd with Hamilton on
october %. 1910
Shot Two Men. Fosdlck Says.
During the quarrel" says Commis.
sioner Fosdick's letter. "McLarcn drew
q revolver and fred four times. one ot
the bullets taking effect in Hamilton's
left chest ana the other three passing
| through his clothes"
! McIarcn fed. was pursued 10y crowd.
upon whom he turned and fired three
times. one II the bullets hitting Max
| Kcpplc in the leg Kcpple had 10 b.
taken To q hospital. but Hamilton was
not seriously hurt After his indictment,
| McLarcn pleaded guilty 70 assault In
the third degree. and was arraigned for
sentence before Judge Mulqueen on De-
cembcr 1. 1910.
In justification 81 his offence he stated
I that the complainant owed him three
DAYS wages. approximating SO which
he had been unable 10 collect" continued
Fosdick's letter, and he also stated that
Hamilton was an EnRlishman Judsa
Mulqueen thercupon called Hamilton -
the witness stand and threatened him
with arrest II he did not pay McLarcn
the wages alleged 10 be due. At tho
courts direction Hamilton turned over
TO a court officer 81 Is 10 he given 20 Nc
Laren. After dispute over the ques-
ton Of wages the following dialogue en-
sued:
The Court: 4 am going to let YOU the
defendant 60. You have been in prison
long enough, even II you did beat him
up How long have YOU been in prison"
THE Defendant: six weeks
18th" Court Wei. that is long enough
for ar ordinary fight. He Ghe defend
anti did not use any weapon
The Complainant: only a gun, your
honor
The Court: He did not use any gun
on you.
| The Complainant: He did 50.
Here is the bullet that cut my chest
and he shot another man. from
Brooklyn. too tmeaning Heppie,
who was In the hospital ton DAYS.
wounded i'm tho side
The Court: You have no right TO
say those things. You mind your own
business 1t seems To me you would bear
investigation yourself. . | don't know
whether you are a citizen or not. Very
few Englshmen do become citizens.
They are very superior persons. But II
| tolx no In In n nd
will be made to suffer for it, "