Evening star., 1936-11-23

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health or have been promised jobs and
should be released.
1T always has been my policy to
turn lot of the people out after they
have had time to think things over.
Many of them, sentenced to long
terms, are even turned loose before
they leave the Police Court Building.
! believe that if man is given stiff
Jail sentence and allowed to think it
over, he might reform and become a
better citizen"
Judge Mattingly has been serving as
substitute Judge in Police Court for 16
years. and in that time has sentenced
thousands of persons to Jail on various
charges.
He said: II never have gotten any
pleasure out of sending man to Jail
and there are lot of them who are
in prison who deserve to be given a
chance. I can't do it now. though,
with Justice McMahon saying that ]
have no more authority after leave
the Police Court bench"
lHSiStS ne mas Juf1S01CtlOn.
Judge Mattingly contends that the
term is not closed on his commitment
for 80 days after sentence and that
regardless of his whereabouts he has
jurisdiction to release the imprisoned
person and that no other judge of the
court has any authority to approve or
disapprove his actions.
An average of five recommendations
day have been made for release of
prisoners by Judge Mattingly since he
left the bench. The recommendations
are being held up by an order from
Judge Mcmahon that all such releases
be approved by him. William A Nor
gren. chief deputy clerk of the court,
said he has about so of the recon-
mendations pending.
Very few persons whom have
sentenced to l80 days in jail on drunk
enness charges have ever had to serve
the full time" Judge Mattingly de-
clared. Most of them are ordered
up and released within a few days or
a month at most can't do that now,
however until Justice Cox decides if
Judge Mcmahon has the right to tell
me what to do with my own commit
ments. This is the first time in IS
years in the court that my authority
to release my own prisoners has ever
been questioned by any Judge of the
court
Judge Mattingly explained that no
recommendations are made directly
to Judge Mcmahon. because do
not recognize his authority to pass on
the validity of my orders" He said he
sent all the letters recommending re-
leases to Norgren and other clerks of
the court.
It have been going over there and
helping out for Is years." Judge Mat
tingly stated. "but when a man Is
treated as have been treated about
cases he himself has tried, he won't
feel very much like going back and
helping out again. This is the first
time my authority ever has been dis
puted over there"
Has Special Appointment.
Judge Mattingly is regularly ap-
pOlHISu 10 MUNICIPAL court, Out mas a
special appointment to the Police
Court bench during vacations and
other absences.
He served three months from July
8 to the first week in November in
the court this year. getting out of a
sick bed, where he had been confined
with broken foot, to go to the court.
He said he has not had a vacation in
two years.
The magistrate said he had not
taken any part in the fight by the
attorneys to nullify Judge McMahon's
order preventing the release of O'Shea,
who is alleged by his attorneys to be
suffering from active tuberculosis and
who is serving a sentence of $50 days
on a charge of drunkenness.
II don't want to appear antago-
nistic," Judge Mattingly declared, "but
If Judge Mcmahon wants to dispute
my authority and keep the prisons
filled to overflowing, it's perfectly all
right with me-"