Monday, Jan. 19, 1931

Scandals of Tammany (Cont.)

Rosa Helen Ricchebuono, French-Canadian sister of a nun and two Catholic priests, lived obscurely with her hard-working husband Bernard in a cheap flat on Manhattan's dark, noisy Third Avenue, near 43rd Street. When Bernard would go out evenings to solicit insurance, big, broad-faced Rosa would wave a loving farewell to him from the window. One stifling summer night last year Bernard had gone out and Rosa, after a bath, was puttering about her kitchen in a loose gown. Through the open door strode a great, bullish man.

"What do you want?" asked Rosa, pulling her gown about her.

"You know what I want. . . . You waved at me."

"Get out. I'm not that kind of woman.''

The intruder twisted Rosa Ricchebuono's arm, forced her against a wall, tried to throw her on the bed. She tried to scream. The man, a policeman from the Vice Squad, clapped his hand over her mouth and snapped: "Keep quiet. You're under arrest.'" Excited neighbors buzzed about as other police arrived, dragged Mrs. Ricchebuono to the station house on a charge of prostitution. For two days and nights Mrs. Ricchebuono was locked up while Bernard scurried around, trying frantically but futilely to raise $500 bail. Meanwhile a probation officer had investigated the case, found no evidence of vice. On the third day Rosa Ricchebuono, the picture of fat, florid respectability, was arraigned before Magistrate Jesse Silbermann. He listened to the policeman's story, swept aside good character evidence, sentenced Rosa Ricchebuono to two days' imprisonment, which she had already served.

Last week the Ricchebuono case got big black headlines in New York City as another example of the kind of justice meted out to New Yorkers by the courts of Tammany Hall. Many a similar case had been ferreted out by busy little Isidor Jacob Kresel, able prosecutor for a judicial inquiry into Manhattan's inferior criminal courts (TIME, Dec. 29). The endless list of Tammany scandals assumed even greater poignancy when Prosecutor Kresel produced the record of one Mary Felder, accused by six witnesses of shoplifting, who was twice brought before Magistrate Silbermann, twice dismissed. Her lawyer was the magistrate's "great friend" Mark Alter, now accused of bribing a corrupt prosecutor in many a Women's Court case.

Falling Judges. Magistrate Silbermann jauntily announced that, if he had to do it over, he would deal with both cases just the same. But after Mr. Kresel had grilled him in secret for many an hour, he emerged nervously tugging at his collar and asking: ''Where can I get a drink of water?" Friends pleaded with him to resign rather than contest ouster proceedings.

The score of missing, suspended, and resigning judges mounted. Magistrate Henry M. R. Goodman, whose bank accounts were under scrutiny, resigned "for the sole reason of ill health" 24 hours before his public hearing was scheduled to begin. Magistrate Louis B. Brodsky, accused of conducting real estate and stock dealings while on the bench, was suspended. He announced he would fight for his job before the appellate division of the supreme court. Similar charges were lodged against Magistrate Jacob Eilperin in Brooklyn. Magistrate Abraham Rosenbluth, long awaiting investigation, was reported ill in Miami.

Another feature of the week in the Kresel inquiry was the revelation that since 1926, no less than 77 young girls had been illegally committed to Bedford Reformatory as wayward minors by magistrates in Women's Court.

The girls, 50 of whom were still in the institution, had been induced to plead guilty to charges without a hearing, a direct violation of the Criminal Code which provides that a wayward minor can be committed only ''by competent evidence upon a hearing." Last week Governor Franklin D. Roosevelt's only action in face of innumerable scandals was to consider a blanket pardon for all those jailed because magistrates had ignored the law.

Meanwhile in the supreme court George F. Ewald and his attractive wife went on trial on a charge of paying $10,000 to Tammany Hall underlings for his appointment as magistrate. State witnesses quoted him as boasting of the payment, as speculating out loud about raising $100.000 with which to secure a seat on a higher court.

Do-Nothing Mayor. Mayor James John ("Jimmy") Walker's public reaction to the vice investigation was, for the most part, passive. He did summon civic leaders to City Hall to warn them that the wholesale charges against his police department threatened a complete breakdown of police morale and the return of a "wide-open" town. Otherwise he did nothing in his most do-nothing manner and Tammany's joke of the week was: ''Well, we gave New York the best judges money could buy."

Cautious Governor. Meanwhile New York citizens who were revolted by corrupt conditions in city courts as revealed by Prosecutor Kresel turned hopefully to Albany and Governor Franklin D. Roosevelt. During last year's campaign Governor Roosevelt, a candidate for reelection, had touched on the city scandals only most gingerly. So shy was he about taking a strong clean stand against Tammany Hall that he was widely charged with protecting Tammany Hall in return for its votes.

Last week those who looked to Governor Roosevelt to take a vigorous lead in cleaning up New York City by means of a legislative investigation were doomed to disappointment. In his message to the legislature he became very enthusiastic about high-minded social reforms in general but backed away with customary caution from the court scandal issue. Said he: ''The responsibility of determining what action shall be taken by you and what justification there is ... rests exclusively and squarely with you. It is not alone your right but your duty to conduct an investigation if you determine that such falls within your obligation. . . ."

Critics of Governor Roosevelt openly charged that his ambition to become President had sapped Lis moral courage, that he did not dare break with Tammany. He had apparently decided that courage was a poor card to play. While such Democratic Party leaders as Jouett Shouse were touting his name as the most "available" party nominee next year, the arch- Democratic New York World, than which no local newspaper knows Governor Roosevelt better, loudly regretted his "obvious reluctance to challenge the power of Tammany Hall."

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