People Vs. Getlan, Et Al.

~~-~iI========-=--_.

r-------I=-=-

I JUSTICE COU RT - TOWN OF TEC:.?SC ' . - - - - - - - - - - - x The People of the State of New Yor k -againstISIDORE GETLAN, JACOB STEIER, JACOB ROSENBLATT and JACOB iVlETTLER, Defendants. -

- -

- -

Pre s ent :

-

- - - -

- - - - - - - - x

ART HUR C. KYLE, Justi ce .

App e aran ~ s :

WILLIAM DECKELMAN, ESQ., Di s t r i ct Attorney, for The People. MORRIS oPPENHEIM , ESQ'. , for Defendant s.

-

0

-

The fo l lowing proceedings were had be ror-e A!'thur C. Kyle, a Justice of the Peace in and for the Town of Thompson, at the Cou!'t House, MonticpllO, ,

-,.1

•

New York, September 4, 1943; Info l4R.

please, I ask th a t the

aticns

ere sworn to

;;:CKEL"': in!orma"~

B.! -

filed.

'ow, 1 f - e Court

n i

ea~~

case be read

to the defendant lndi vi dually before final d1 sp

s1:~ o..

I would l i k e to have you h ol d up the sentences u n t i l they have all been arrai gned. THE COURT:

Mr . Rosenblatt , I wi l l

read this information to you. The Court read the information t o th e defendant Ro s enblatt and a dvised him o f all h i s rights. THE COURT:

You may e nter a p l ea of

gu i l t y or not guil ty t o t he cha rge . MR. ROSENBLATT:

I pl ead guilt y .

The Court read the information in the case of Jacob

ettl er and advi sed him of all his rights . MR . . METTLER:

I would like to get the

advi c e of a lawyer. MR. DECKELMAN:

I t h i nk he ough t t o pu t

in hi s p l e a now. THE COURT: MR. METTLER:

GUilt y or not gUil t y ? I plead no t buil ty.

Th e Court read th e i n f ormati on in t h e case of Jacob Steier and advised him of all h i s r i ghts. THE C RT :

You may en te r a pl e a of

guilty or not guilty to the ch arge . MR. STEI ER : you say I had

so~ething

I b eg your pardon.

to do with the money?

THE COURT:

I wil l read it again .

Did

3

The Court again read the informati on in the case of Jacob Steier. MR. DECKEL

It mean s that he helpe

Operate the room. MR. STEIER :

Then I am gull ty.

The Cou rt read the informati on in the ca se of Isidore Getlan , and advised him of all hi s rights. THE COURT: 5~i l t y

You may enter a pl ea of

or not guilty. J.:R. GETLAN:

MR. ?~s enblatt

Not guilty .

DECKEL1~:

I n relation to the

mat te r, I want to say this, if the Court

pl ea s e : In 19 37 or 1938 this defendant was convi cted of operating a hors e room in t he Village of onticello .

That convi ction was t he r esult of complaint

that ha d come to the District Attorney's Offi ce for a n er iod of several months during the summer of ' 37 . ~s ~eces5ary

~orse o~

It

at that t i me, in or der t o eliminate t he

ro om, fOr my offi ce t o exp end a

.-.

" consi ~erable

sum

money; as a mat t er o f fact , we had Pi nke rto n men in

o ~ t i c el l o

fo r a peri od of po ssibl y three week s .

Ro sen-

":::a· · ul eaded gu il ty be for e JUdge Russell in Supreme

4

Cou r t and Vias fined, I t hink , $7 5 .00 . I n 1940 , about the month of Augus t, ~ ~is

defendant was again convicted in a Poli ce Justice in t he Village of

~u rt

ont i cel l o of oper ati ng a horse

room, and my recoll ection is he and some other defendant ere fined something l i ke $ 250 .00. an was the Police Justice . ~-.e

wa s

I think I sa ac Silb er

I think this defendant ' s

175.00, an d t he other man was fined $75 .00 .

La st yea r Lieut enant Fab er raided an -

--e_

:- - ~ee

.

m t hat t his defendant operated in t he ViI

I understand that several weeks ago he was again convi cted under ci rcum st an ce s t h at dian ' t s oun very goo d to t he gene ral public. THE ag ~n

to me?

CalRT:

Woul d you mind gi vi ng that

I would li ke to have it .

:he :ast paragraph of Mr . De ckelman's

=- a- e:::ent

wa s repeated.

, .

D2 CKEL1~ :

( Cont 'g) -- -whi ch, of

cc rse, so far as I am concerned, a r e only rumors. c~e::-

:. e - ~ e r

say it now for the information o f t he Court . t he Court

L~O"S

about it , I don 't know.

I

5

In this part i cul ar case complaints were filed ti me and time again and it was at my re quest t::at the state Police came into the village of Monticello today for the purpos e of raiding this r oom. Now, I think that under al l the circumstances, in vi ew of t he four convictions, there is only one se ntence t hat ought to be met ed out in t his matter, an d t hat is a jail sentence of at least six months . That all I have to say in relat ion to Rosenblatt .

~s

MR. ROSENBLAXT:

As l ong a s a l awyer is

;;ld l i ke to have a lawyer too.

Can I

ge my pl ea ? THE COURT:

Since you h aven't been rep-

resen t ed by an Attorney up to this time- - - how do you fee about it,

r. District Attorney? MR . DECKELMAN :

THE COURT : :~s

Do you have any objection

caan gLng his plea? .3..

TliE c

If h e hadn 't made his

ul dl'l't have made t he statement .

.€

--

Have you any obj ection?

~ e the r

~~

ELMAN :

.~ :

I object.

I t hink t he

As a mat t er of law , do you I

t he r e is any : aw on

5U~~

a thing?

Q

I don't mean at that particular pl a c e- - - have you ever vrorked at any other place

A

th~~

Mr. Rosenblatt 's?

No . THE COURT:

I will impose a fi ne of

$50 .00 in t his case. MR. OPPENHEIM : · 0

chang e

J a cob Met t l er desires

his plea and pl ea ds guilty. THE COURT:

I will i mpos e the same fine

- ' - the case of the other defendant. MR. OPPENHEIM:

_HE Ca:=: in :four case,

5: :

I will al so impose a fi ne

r. Getlan.

THE CC''':?1' :

--- to

I sidore Get l an also

I unders t and 1:;1' . Rosenbl att

ch ange hi s pl ea to guilt y?

MR. R SENBLATT:

Yes, sir.

DECKELMAN :

That' s right.

OPPENHEIM:

Yes.

I am conver san t

- e f ct he c a s been arrested previously . ~ ~~:t-

seve ral t imes .

He has

I have tried to impre ss

· ha· :i s conti nuance in this kind of conduct is _a.!'!"as sing not only -

~ ey ~'d

.::a.

'; 0

~imself

bu t to t he District "

that t hi s t hi ng must stop .

.

I have hi s aasur- I

the pl a ce will be closed an d it wi ll not be re-

I

I

"S

opened in this county during the p eriod o f \Vhat ev e r sentence you gi ve him at least .

He has several OOi l -

dr-en and I don I t thi nk any good will come b y sending him ~o

jail.

I ask that no other sentenc e b e i mpo sed than

t :J. e fine. MR.. nECKELMAN :

:e

se ~t e nced

I am s a ti s f i ed i f he

and the sentence suspende d. I n 1 9 37 you p ai d a fin e of

THE COURT :

:--- is tha t co r r ect?

!m . ROSENBLATT: . .: a !"'in e

ember

o~

_ 75 . 00 1

t~e

fine .

>.!R . DECKELMAi~ :

- : e-

I really don I t kn ow.

You pai d $250 .00 al-

=::'--- 75.00 for one other party , and $175 .00 for

•__ ~ _G n

you wer e arrested again-- -\Vho was that before ? il:no...

F r oi::ably before me .

A

I remember it now---I don ' t

reaembe r- how much th e f i ne was . :~

is

_ ~is

~y

recollection

suomer you we r e

- ou pay? 1 00 .00 .

i~

wa s $150 .00 .

~rested

A

I think so.

previously---\Vhat fine did

-

9

I·

THE COURT:

I will tell you this,

Mr .. Rosenblatt, of course i t is true that the biggest t hing t!1at can be said for you is the fact you are mar-

•

ried and have t hree c.'li l dren , an d also at t his stage of t he pro c eedi ngs t hat is ab out the onl y t hing that inclines me to be lenient sofaras the actual i mposition of a

ail sentence is concerned.

5a.1.~

The District Atto rn ey has

that he would be sat i s fi ed if a jail term wer e im~

a::d suspended. - ,..-

~~

I take i t for granted that he as-

the case of such

,"i··a!.en~

e be ;

' 0

s-e-s:'on, the suspensio

-~a·~ng

to assuran ce

that

ever at any other time

onti cello , an d if I do sp end sentence on it, before -ha· , I want your p romi se that t hat is going to be -'

se,

at. ROSENBLATT:

THE COORT: s •.

•

:t is j' s· a

se~ - en c e

Your Attorney has already

~x ~onths

- wi:l su spend sent e during th e next six

right.

I want your word too.

~at

f

T~atls

in the

co~~ty

I will

jail, and

: want i· understoo d t hat if -- ~:~-

op erating a hor s e ro as si sting or ahetti.-

l~ ~~

ou are apprehende d either

· _e 1:s

~::age 0:' ~onticello, opera·~ o.

or

r if you become

I

,.

. .. interested in one, I shall, as one of the conditions no of thi s se ntence , invoke that six months ' term.

•,

I n other

words, ar e you sat i s fi ed that the time has now come thatl you no longer can make a livi ng by this method?

Are youl

so satisfied? MR. ROSENBLATT : THE COUJilX : t ence i s susp ended, •

-

,/

~n ....

...-- ...

si~era~ion

liP

•

-

~ t~

~~' __~ e

THE CCXJRT:

a

shoul d pay a higher fine

.or-e ,

on the fine too.

consideration:

I think, inasmuch as s en-

)U

t han you have ever p.

Yes.

.rbeing I am

given a little con-

I promis e you--I will gi ve you t hi s much

The maximum is $500 . 00.

I will impo se

fine of $250 .00/ ******-*-

•

! •

• ~

~ _l-.

•

-