The sun. [volume] (New York [N.Y.]) 1833-1916, 1912-05-15
GENERAL SESSIONS
UNDER INVESTIGATION
Bar Association Has Received
Many Complaints About PriS-
OnprS Discharged.
Busy STENOGRAPHER
Won't Make a Transcript for
WaldO-FOSdick Threatens
With Subpoena.

Not only Judge Joseph r. Mulqueen
but the entire bench Of the Court of Gen
eral Sessions is under investigation by
the Bar Association. The association foi
many months has been receiving com
plants about prisoners discharged APP
parently ON the whim of the Judge pre-
siding despite the seeming preponder-
ance Of evidence tending To show guilt.
and so,nofime in the face of confession
Police commissioner Waldo and Com
missioner Of Accounts Fosdick, who ha to
accumulated "A large amount Of evidence
showing the peculiar conditions IN the
court. will do everything III their power
to aid the Bar Association. Yesterday the
two commissioners had conference and
determined as soon as the minutes could
be secured to make public records sug-
testing bias on the part OF two Judges
IL the court other than Judge Mulqtleen
The Judges OF the court are seven:
Warren ". Foster. Thomas c. O'Sulli
van, Otto A. Rosa alsky, Thomas {. /.
crain. Edward Swami. Joseph T. Mul-
oueen and James 7 Malone. Al! are Tam
many nominees with the exception of
Rosa lsky. who was nominated on Il Re
nuhhcan Fusion ticket One OF the ques-
lions which the Bar Association wishes
to determine il whether or not political
influence had anything to do with the
dischar rye of prisoners.
Stewart l.iddeIl. court s,enogra pher,
has refused 10 give Police Commissioner
Waldo the minutes of the ca 50 he referred
to SUNDAY nigh$ in his speech in the Union
Methodist Episcopal Church. The ste
noCra phcr told Mr.. Waldo he would lie
unable to transcribe the notes for some
time owing To pressure of work. The case
was tried on March 10. 1911. Then Com
missioner Waldo told acting Distr At
torney Mott. and at Mr.. Motifs suGges-
ton the Police Commissioner wrote a
formal demand on the stenograp phcr for
the TRANSCRIPTION which was taken ~ the
Criminal Courts Building by Inspector
Hughes,
Levine was charged with stealing II guam
titv of yarns and sweaters. Levine was
held in 81. 400 bail for trial when arruigned
before Magistrate Crane and the police
Obtained from him a written confession
He was tried before Judge Mul4Iecn
and the court ordered the Jury to bring
in verdict of aclult;"l without needing
the confession which the District Attorney
attempted to get in the record.
If the notes in this cas-" are not forth
coming in twen;y-four hours Commits
sioner OF Accounts t'os'iick says he
will subpoena the rtcnographer and in
quire the reason for the delay in pro
ducing the notes and will also ask if
having them transcribed promptly.
The proceedings Of tn" bar Associa-
ton have been under way for some time,
but nothing could be learned yester-
day Of just what had been accomplished
The by laws of the association absolutely
prohibit making public any feature OF
the proceedings until they have passed
the executive committee The associa-
ton is empowered TO subpoena witnesses
and conduct thorough Investigation,
the results Of which in the case of n Judge
of General Sessions would bc forwarded
to the Governor and by him submitted
10 the Legislature for 1ction The method
of removal is by impeachment
Commissioner FosdiCk in showing the
difficulty he has had in obtaining con
victions against city employees cited the
case Of n dockmastor said 10 he related
to Patrick 4. Whitney. Commssioner
of Correction. who is said To he related
was charged with hmisapprorriatinG money
ha had received for wharfage. He was
tried before Judge Swami in General
Sessions and the case was thrown OF,
Of court. Mr.. Fosdick thinks the evi,
dcnce was sufficient 10 convict.
An incident was cited Yesterday al
Police Headquarters as showing thu
difference in the severity of punishment
meted ont in the Brooklyn and New Yorh
courts. A pickpocket was arrested on q
car bound over the Brooklyn Bridg,
toward Brooklyn.
Take mo back to New York" he
pleaded with the detective. I'm got The
limit in Brooklyn"
! 1t il said the percentage of suspended
sentences in Brooklyn is much smaller
/ than in Manhattan,
Judge Grain refused TO discuss the
pending investigation at all. When Judge
OSulivan was asked il he knew that III.
Judges OF General Sessions have been
investigated he sai that it the eNchang'
~ several letters between Commissioners
Fosdick and the Judges meant an in.
vestigation. il was true that the Judges
are being investigated,
I'VE haven't talked about the matter
/ among ourselves. slid the Judge. ~
haven't called any meeting 10 discuss il
either Our last meeting "as two month,
ago. and We'll probably have another
within a week. at which the matter won,
be talked about
He refused 10 go into details about the
exchange ri letters.