New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-05-14
BAR ASSOCIATION PROBE
IS ASKED FOR NULQUEEN
Commissioners FcSfliCk Writes of
Judges ACi''n in Freeing
Alleged Burglars.
WALDO'S ATTACK RENEWED
Police Commissioner Gives Out
Fosdick Lcttcr-Judge Held
AThat Detcctircs Tried
- to Prejudice Case.

PcIicC Commissioner Rhinelander waldo
made public Yesterday a letter written
by Raymond T.. FosdicK. commissioner
OF Accounts, on April -. thereby reNi7-
ing the thinly voiled criticism ot Jud9e
Mulqueeu in which tho Commissioner IN
dulgcd last month after Judge Mulqueen
had informed George :. DouGh,rtN, com
missioner Waldo's second deputy. tina,
certain information hc had laid befocH
the court was not only not legal evidence
but was false. Commissioner FOsdi"il
wrote that Judge Mulquccn's action IA
the case he mentioned and ia similar
cases had been called to the attention
of the Bar Association.
Commissioner Waldo was unwilling to
add anything to Commissioner Fosdicks
letter yesterday. but it was intimated
that sequel to the letter might be cX-
peCted to-day. \ high official at Police
Headquarters gives the following rca-
son for making public Commissioner
Fosdck's letter:
is only doing his duty in looking out Tor
the welfare of the people TO comment
on and criticise such work"
Commissioner Fosdick wrote that the
case he mentioned was brought to hi,
attention lin connection with certain ex-
aminations which he made last year in
the Court Of General Sessions" 1t is
that Of four Italians who were tried for
burglary before Judge Mulqueen on May
of last year. Two of them were
brought to trial in the morning and twJ
in the afternoon.
The first pair the jury acquitted on tho
direction Of Judge Mulqueen, after the
following examination. which is quoted
by Commissioner Fosdick from tho
stenographer's minutes Detective Ca
pone was on the stand):
BY the Assistant District Attorney:
Question-'Wil you state very briefly 10
the jury Just what you saw these two de-
fendants do on that night. and Just what
YOU saw the other two boys do In the pres
enCe of these defendants"
"Answcr-'We were standing in the hall
way Of No. 329 East 10Th street watching
the premises No. 33i, which had been blown
by dynamite
The Court: Strike that out Now ! can
understand why the police are criticised.
II is because they are 80 anxious 10 take
care of other peoples business Now I am
the improper statement 10 render verdict
OF not guilty. That statement was made
deliberately by the witness TO prejudice
the jury against these defendants That
IL what II was made for.
by the Assistant District Attorney:
Your Honor. don't believe he made II
to H.tN
The Court: The jury is directed to ac-
quit these defendants on tie ground Of
improper conduct on the part OF IN" Wit
ness i'm making statement clearly and
positively intended TO prejudice them in
their legal rights
In the afternoon the case Of the Other
two Italians came before Judge Mul-
queen. Commissioner Fosdick said That
the evidence against them was exactly
the same as that against the two who
were acquitted in the morning 10y dircc-
ton Of Judge Muquecn. Their case,
however was submitted to the jury ana
they were convicted. Il am at a loss,
wrote Commissioner Fosdick. "to know
how to characterize proceeding such
as this"
Perhaps the best remark that can be
passed upon it," he adds. is the state
ment of the Appellate Division First
Department, i'm crticising the work oi
Judge Mulq cen in another case Peopla
agt. AcardO) to the effect that the con
duct Of the Judge robbed the trial II
even the scmblance Of judiciary in
qury.'"
Judge Mulquccn's rcbukc 10 Deputy
Commissioner DOuEhcrty came last
month after reading "A letter sent him
by the Deputy Commissioner which pur-
ported to show the record Of Il hold
M" man who was 10 he sentenced by
Judge Mulquccn. In the letter Deputy
Commissioner Doughcrty said that the
prisoner had twice been discharged hv
your honor
The Judge requested the Deputy Com
missioner 10 come 10 his court. and whom
he appeared told him that there was 40
record Of the first "dscharge" and that
the second Was on the rccommenda tion
Of the District Attorney 1t developed
later that The first "discharCc' was ht
the grand jury commissioner Naldp
took up the cudgels for his deputy.