New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1920-08-29
Herman Tells
Why He Acted
In Eckert Case
Mullen Unable to Serve, He
Asserts; Criticisms Said
To Be Due to His OPP
pos itionto O'Crady
Bookkeeping Evidence In
Quigley Says Proof Is Com
ple.te and Shows William
Tnernan Owned Whisky

The Eckert murder case and the in
vestgs ton of the illicit liquor traffic
on Staten Island. growing out of the
boothcggers death on August 81, re-
ceived a new twist yesterday from
Judge ]. Harry Herman, of Richmond.
He criticized Magistrate Frederick
Mullen in statement intended to ex-
plain why he himself acted in Magis-
trate Mullen's place as a City Magis-
trate when William Moloney and
Charles Kahn were arraigned on a
charge of murder in the first degree
for the killing of Frederick R.
Eckert.
Almost at the same time, when the
Judge Was giving out this statement,
John J. Quigley. assistant supervising
prohibition agent, said the case against
William Herman was complete and
would be presented to Leroy w. Ross,
United States District Attorney, to-
morrow He said he had checked up
had drawn out of bond, and that there
was nc doubt that the three barrels
of whisky found in the cellar of Henry
Hugot's roadhouse in St. George, S. L.,
had been sold by William Herman Mr..
Tiernan is in the wholesale liquor bust
ness and has a permit to withdraw
liquor from bond for medical purposes.
Judge Tiernan was relieved of the
Eckert case Friday by Mayor Hylan's
order. Magistrate Simpson was ap-
pointed to act as city magistrate in
the absence Of Magistrate Mullen.
Herman Explains His Action
THE reason l sat for Magistrate
Mullen" said Judge Herman, in his
statement, was because he was un-
able to conduct the business of the
court.
con Monday night (the night before
KAN and Moloney were arraigned)
was advised that the District Attorney
lJoseph Maloy) was looking for me-
| met the District Attorney at his
home on Tuesday morning and he in
formed me that he had received infor-
nation that Mullen had been indis-
posed all night. Mr. Maoy said he
was afraid that he would have to turn
Moloney and Kahn out unless a COM
plant should be lodged against them.
They were being held only on a short
affidavit, and the forty-eight hours on
which they could be held on this had
expired.
me DISTRICT Attorney got me to
see Magistrate Mullen and have Null
len grant an adjournment until Friday
IS he was not prepared at that time to
make complaint.
Visited Mullen at Home
an company with the District At
torncy I went to Magistrate Mullen's
home at Arrochar. | saw the magis-
trate, and it was apparent that he had
been suffering l asked him how he
felt and he said he had had bad
night. asked him if he felt able to
proceed with the business of the court
that day and he said yes I then
told him that the District Attorney
was not prepared to file complaint
against the defendants that morning
and desired an adjournment until Fri
day.
Il asked Mullen to grant this re-
quest of the District Attorney. Mullen
accompanied US from his home in Ar
rochar to Staplcton in the District At
torney's automobile.
when we got in front of Beck's
drug store, in Stapleton, he said, Let
me out here And the last words l said
to him were, BE sure to grant that ad-
journment.' | sal dthis as he left the
car to go in the drug store. He said
All right
after Mullen left US the District
Attorney and proceeded to the County
Courthouse, and | was in there about
twenty minutes and the District Attor-
ney came in and said, Mullen is gone.
You will have to go down and sit for
him.
Aimed to Promote Justice
~ went down and sat in this court
not for the purpose of interfering with
the administration of justice, but to
see that justice was done and to see
that the case was not dismissed.
II want to say, further, that | court
the fullest investigation into my acts
in connection with this matter. | am
not, and never have been, interested in
any one connected with the selling of
whisky, and nobody can depend upon
me to protect them in the commission
of crime in this county.
Il have been endeavoring to ascer-
tain what was the anlmus behind this
attack, and from all the information
can gather | have been able to satisfy
myself that the whole thing is the out
growth of my participation in the move
ment that resulted in the defeat of
Joseph f. O'Grady, the Mayors Tax
Commissioner in Richmond County, as
the leader of the Democratic party in
Richmond"
After he had given out his typewrit-
ton statement, Judge Herman said to
reporters;
This is not the first occasion have
sat as city magistrate in this city.
When Judge Evans was i'll and there
was 10 other magistrate available |
took his place. When Judge Levy in
the Chlldren's Court was i'll acted for
MN: On previous occasion | acted
IN the same capacity for Judge Mullen.
During his campaign for the Mayor
atty went to Brooklyn, at the request
CT Mayor Hylan, and sat for two and a
nan nan weeks In the County Court Of
hings as his representative.
have further been Informed that
on Wednesday Judge Mullen attempted
TO sit In the court His brother-in-
law came to me and told me that the
FAMILY intended to have the Judge re-
moved to some hospital, and they
wanted me to sit for him until Sen.
TEMPER l. promised to do so, and
H,d SIT for Judge Mullen in the
magistrates Court shortly afterward
On thursday evening was in
formed that Judge Mullen requested
'hlrty days leave of absence, which
was granted y the Mayor. Mr.
simpson was y, ointed magistrate for
tnlrty days, an was directed nv tha
Mayor to sit in Judge Mullen's nlaca ;,
reporters read to Judge Tiernan +.
copy OF his statement and asked h;r,
II ne stood by it. He said:
"Yes; | have been made the ooa+
lcng enough" eo"'