Evening journal., 1912-04-02
SQUIRE RAPS
ORDER SOCIETY
Says They Should Not BeSmirCh
Public Official or
Tribunal
SENDS HARRIS CASE
TO COURT FOR TRIAL

Magistrate Gluckman yesterday af-
ternOon decided the case OF Emma
Harris, who was given a hearing be-
fore him last week on the charge OF
harboring Helen Gould Williams,
acknowledgement girl, having re-
served his decision at the time lie
declared there was sufficient evidence
to hold the defendant for court and
this he did, fixing bail at 5000. The
justice of peace, at the same time,
took occasion to score the Law ana
Order Society for its method of pro-
cedure in the case, declaring that the
organization in its zeal to bring law
offenders to Justice should not Itself
get away from order, and it should
not. even by aspersion, attempt to be-
smirch any public tribunal or public
official.
The Harris woman was represented
at the hearing before the magistrate
by Robert II. Richards and j. Frank
Ball and Caleb E. Buchenal and
Horace c. Eastburn looked after the
interests of the Law and Order So
ciety
In part Magistrate Gluckman says:
Il have very carefully gone over the
evidence and the pleas of the attor-
news. and i'm deciding the first conten-
lion of the attorneys for the defense,
wish to say that I have consulted
Assistant Attorney General Josiah ..
Wolcott. who gave his opinion that
This case is not now pending i'm the
Citv Court and is therefore within
the province of this court to go into
preliminary hearing and to decide
on the merits of the evidence adduced
at such hearing.
while I respectfully accept the at
torney generals opinion and concur
I'm II. I wish TO openly and publicly
register my disapproval i'm the man
ner bv which the Law and Order So
cietv has brought this particular case
10 this court before asking the assist
tant city solicitor to re-arrest the de-
fendant in that court after they had
wrung the different and damaging
statements from the mouth OF the
Williams girl. that which she did not
lenv giving to the assistant city solicit
,or in the presence of two eminently
respectable and competent witnesses
who have az this hearing testihed 10
the correctness of it.
"Indeed. it seemed to me that not
alone was Emma Harris being tried
Tor an alleged crime, but the CITY
Court and the assistant city solicitor
also we're at the bar and whose action
was asked to repudiate without the
giving by the prosecuting witnesses
or the Law and Order Society any evil
dence whatever that either the CITY
Court or Mr. Lynn were guilty OF any
wrong doing.
1T is not uncommon IN an courts
and even at the attorney generals OF
fce to examine witnesses before the
trial, and. if in the opinion Of the
prosecuting attorney. the evidences
would not warrant the holding of a
defendant 10 ask for dismissal.
"A Justice of the peace is enjoined
hv statute to examine a prosecuting
witness before issuing a warrant. II
there is any probable ground for the
arrest then the Justice shall issue a
warrant, otherwise he can refuse; and
while / am not familiar with the laws
governing the City Court. 7 presume
the same mode of procedure is appli-
cable to that tribunal.
1T is therefore apparent that The
city solicitor was fully within the
province of law and procedure to have
asked for a dismissal of the case on
lne eNlueNCe indl ne udu at lhdl time
TO produce before that court. and
Judge Joslyn should be complimented
instead of criticized for having an ap-
prehension that the defendant may
in the future be INSCRIPTIONS to COM
NIT such an offense to hold out his
finger of warning by announcing that
he holds the case up knowing full
well that in this case it means only
a warning.
THE Law and Order Society in its
zeal to bring offenders to the bar of
Justice should not itself get away from
order by holding out any tribunal to
the public without cause or evidence,
on cast even mute aspersions of Inn
aginary wrong doing by such a trl-
bunal or public oficial The public
at large are not in the position to
distinguish. offhandedly. who is right
and who is wrong and IL creates, in
some measure. a distrust and disre-
spoct toward a tribunal or officer
without cause.
CAS- to the second contention OF the