New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-11-16

was an improper witness II was for the
court. he said, 10 exclude her testimony.
The "inteTferences and Interruptions OF
the District Attorney, he said, had led
him 10 similar tactics
Tell Darling He Deserves It.
When Darling finished Judge Swami
sentenced him to thirty days Mr. Oar
ling then asked permission 10 intcrroGate
the jury as to whether they did not think
that sentence unjust. With the eXcep-
tion Of Frederick II. Montgomery, all the
jurors agreed that Darling deserved it.
Lawyers who heard Mr. Darling Try
his case considered his methods extraor-
binary In his opening address he began
by telling the jury that people did not
get a fair deal in these courts. He was
in the midst Of an argument I'm favor OF
giving women the vote when he was
stopped by Judge Swami and directed to
tell the jury what he was going 10 prove.
she is tried by man-made laws" h.
said NO women make the laws She
is prosecuted by male district attorneys
In summing up he told the jury that
before there were juries the judge was
the sole arbiter and that that system
produced such judges as Bloody" JEFF
freys. of whom. he said, he had read
much lie went on 10 say that his case
was "a choice exhibit OF the system, and
he ended with another appeal for woman
suffrage.
After he had heard the opinion OF the
jury on Darlings case Judge Swami asked
its members II any OF them had been APP
preached regarding the trial while it was
IN progress Charles Genscher, the fore
man. answered I'm the Affirmative. He
said man accosted him In the Criminal
Courts Building during the recess hour
on THURSDAY and said you are the fore
man in Part II, aren't you? Isn't there
500 in it for YOU" Genscher replied
Get out. That's no talk
Previous Clash with Swami.
Joseph f. Darling appeared before
Judge Swami. i'm the Court OF General
Sessions. on February q, 1903, as deputy
Attorney General TO apply for an increase
in the amount OF bail fixed for the APP
pearance in court Of Charles Williamson,
who was charged with violating the cleo
ton laws. Williamson's bail was $1,000
and Darling asked that It be increased
TO $1,000
Judge Swami attacked the policy OF the
Attorney General for the manner in
which he was conducting election fraud
cases and said that II appeared TO him
that some party was using the Attorney
General for it's own ends The court
asked ar Darling why it was that mem
bers Of one political party only were
being prosecuted and why all the cases
were tried before one Judge.
Mr.. Darling at that time replied that no
one was in a position to critcise the
Attorney General who had not first shown
a Willingness to aid in the enforcement
OF The law. lie denied that he intended
TO try all the sases in one court. and
added that many OF the Officials" before
whom cases came FOR trial were The bene-
fciarles OF the class of criminal acts at
issue
Bail in Williamson's case was then fixed
at 81 200.
Darling i'm 1907 was a candidate for mt
ricipal Judge in the 4th District. but WIS
lef. off the Republican ticket because his
nomination Jy that party came TOO late
Ia admit H. lie applied for a writ OF
pcremptory mandamus, which was dehled
in the Supreme Court and later In the
Court of Appeals lie then applied Tor
re-argumcnt Of the case. and his applicd-
ton was denied by Justice Fitzgerald.