HV '.6163.C473 A 487979 DUpL The Adolescent Offender A STUDY OF THE AGB-LIMIT OF THU CHILDREN'S COURT MADE BY THE COMMITTEE ON CRIMINAL COURTS OF THE CHARITY ORGANIZATION SOCIETY OF THE CITY OF NEW YORK..1r . m ~ UlllnU [lUIII I[II [III II R I I IN rIINIr nnIIIII m THE GIFT OF L..Coms o. h CM I1(0 C t - ^ 1; ' s- F s^ (-;'1", -- 1, "^ /: " -::!.... ~ i:: ' i:~ ~'?~ ~.~,?: ~'~,: ~.: ~: ~ ^- * v '*: -..::... ' r-,. —, t! ';,; t \, { f~~ ---;. - i;. ~i t s0 *.. i, t; ' ' '. > - ' - X~ i _:, t. ~i ~:., ~~ I _,,:.~ -' I;;z/'~g\ '' a \, 1 ' X, _ s,- I *-/ - 9,, -,,,. >.,, / I;:: _ ~~.-.,~ ~-j ~L 3;, ~.. *, ''4 ',! t -. '- \; 0 -:"? x- (~~ ~"; -.11 il~-' ~ r "- ;~ ~r:-~- -... '~i - ~ -\~~~,.i: ~` F/ 7 7 i~.. rl ~r '~~.;~ '", ~ 1..-r a ~~r? ~L i ' -, t I r.i7 `I~ \ i~. '~~i,.~ ~ -d,i..~ \1 1~ Ci; i, ~'i i; %, ~.i. '-~ —u~ /, L r — ~:' `'i ~:~ 1.` I,~ d '' i~~1J,-~':~ _~ ~,;.r 1~- i.~;'\~ ni;`~ ~;;" " 5~",, 1.. i:-:~C j.e - ~i. i i ~~;;;..;PI~;.. \ i 1:'" i..... `-. IC 1;: i;~il' I~ - ~I `~- '~ -~ ~~: t ~.?. ~,1.i,, :-i- t r, ~ " ~::I:::I'"-i-i —!~~~`:~~~i ~, -~ ~ --,~ i ( -. i h: .:: -v ~:' - i:~r- i i.:: ~:. i!-~ -~ I ' '~~; j, // I :::, J- ::::_ i.. I -—. i.:.~-~ I -~-:: -~YIC j ` I t.I, ~: i i. ~' ~ P i ij i *-;~ \ !~~;.i i: r~;., ~:?;',r r' ~: i '- ---~- i c ` r ~-;1: 'i.. ~~ i~ i' -:t: ~~,,I::~~:'.. I". ~ I ~: ^.L-. Ir ~'; t.-i~-- Lc-; di*nl — 1~ C~i - ' i i .'~~"~ -:; i ~ ~* ~-~~ i ~ i. ~~ I r,; "'i'~ I_-il..z I~; J': 4, 7,.~ J; i I~:e ~-i c. '' ';,i '`~: i ~-t —\.~ `;~~ i~c-I_:. -` - ' c ~,.: ~)....,.. J. - If I- I a i XI'^~ J-~'z3' 4J The Adolescent Offender FOR some years past there has been considerable discussion as to the advisability of raising the age limit of cases in the Children's Court in New York City, from 16 to 18 years. Articles in newspapers and in magazines dealing with problems of social work, have been written; resolutions have been introduced at conferences and at other meetings where court and social workers have gathered, advocating this increase in the jurisdiction of the Children's Court; and bills to this effect have been introduced in the legislature year after year, but have never been favorably acted upon. PURPOSE OF THE INQUIRY At the beginning of the legislative session of 1921 when bills of this nature were being discussed, the Committee on Criminal Courts decided that it was important to have more definite knowledge as to the actual necessity of such legislation than was apparently possessed by anyone at that time. As the arguments advanced for this proposal were found to be based solely on theory, on sentiment or on supposed action in other states and not on facts, the Committee decided to make a study of the actual treatment accorded youths between the ages of 16 and 21 in all of the Adult Criminal Courts of New York City for the purpose of finding out what there was about the present handling of such cases that was detrimental to the welfare of the youths thus affected-and consequently of the community itself. With no preconceived view of the subject, either one way or the other, but with the sole desire of basing its conclusions upon the solid ground of fact, rather than on theory, the Committee undertook its study. The Committee in this inquiry has sought to ascertain from actual observation of the cases of all youths of both sexes, from 16 to 21 years of age arraigned in all the Criminal Courts of the city, at the time of actual trial a judgment as to what defects 3 there are in the present system of trying these youths, of the extent to which such defects, when found, might be remedied if they were treated in the Children's Court, and what the consequences of such a change in procedure would be. This actual first-hand observation by a member of the Committee's staff of all such cases during their actual arraignment and trial has been supplemented by a review of the records in each case, of the probation officers' reports, by a personal interview with the youthful offender in many cases, and by a searching examination in each case of the record of the prisoner's history as a child offender. PRELIMINARY SURVEY A preliminary survey was made which indicated that about 12,000 additional cases would be brought to the Children's Court if its jurisdiction were increased to include children up to 18 years of age. As the Children's Court in 1920 heard 11,582 cases, this change would more than double its work. At the beginning of its inquiry the Committee invited a group of people having special knowledge of the problems involved to serve as an "Advisory Committee on the Adolescent Offender." In choosing this Advisory Committee an effort was made to include a representative of each organization dealing with delinquent youths as well as representatives of all the courts concerned with the problems. At the Advisory Committee's first meeting it was agreed that the purpose of the inquiry should be to ascertain if special treatment is needed for the adolescent offender in New York City, or treatment other than that now accorded, and if so, whether this treatment should be accorded by a. Increasing the age limit of the Children's Court? or b. By creating an Adolescent's Court? or c. By establishing special procedure in existing courts? It was further agreed that the Report should be based upon facts which would show the treatment the adolescent offender is receiving at present in adult criminal courts. 4 Much valuable discussion took place and many helpful suggestions were made as to the general policy to be followed in carrying on the study. Before the second meeting of the Advisory Committee a questionnaire was sent to each member in order that certain important points might be given deliberate consideration before the method and scope of the study was finally decided upon. At the second meeting of the Advisory Committee the replies to these questionnaires were submitted and the following decisions were reached: SCOPE AND METHOD OF THE INQUIRY 1. That the inquiry be limited to the Borough of Manhattan, as it was felt that this would give a cross-section of conditions as they existed throughout the city, thus saving unnecessary expenditure of time and money. 2. That the inquiry include the Courts of General Sessions, Special Sessions, the Men's Night Court, the Women's Court and one District Magistrates' Court. 3. That the inquiry cover all cases of age periods from 16 to 21 years of age, by one-year age groups, during a given period, the minimum to be one month and cases not to be selected, but to be taken seriatim as they occurred in the courts. 4. That the study of the adequacy of treatment be limited to current treatment and that all cases be studied in co-operation with the presiding judge, and that the Committee should avoid setting up the opinion of an investigator as against the decision of the judge. 5. That the inquiry should have three main phases: Treatment Before Court, In Court and After Court. 6. That a study be made of the laws and procedure in those states where the age limit of the Children's Court exceeds 16 years. 7. That after the material had been gathered from a study of current court cases, opinion evidence be secured, if necessary, from appropriate persons, including magistrates, probation officers, wardens, the police, the district attorney, settlement workers, heads of institutions, etc. 5 THE FIELD STUDY The study of individual current cases has covered a period of 5 months-one month each in the Courts of General Sessions, Special Sessions, the Men's Night Court, the Fifth District Court and the Women's Court. A total of 522 cases has been followed, involving the following age groups: % 16-17 years 68 cases 13 17-18 "' 100 " 19 18-19 " 132 " 25 19-20 " 115 " 22 20-21 " 107 " 21 Through the courtesy of the judges of the various courts and the assistance and co-operation of the district attorney's office and the court officials, it has been possible to secure from court records the technical data in the cases, the age, the charge, the pedigree, etc.. A representative of the Committee, a man, has been in court for the majority of the trials of the cases studied, and so far as possible when sentence was pronounced. Owing to limited staff it has been impossible, for instance, to be present at several parts of General Sessions when trials of cases within these age groups were taking place simultaneously and sentences being imposed at the same time. In the majority of cases the defendant has been interviewed and the report of the probation investigation secured; where no investigation had been made by the probation department, such an investigation was at once made by the Committee's representative. In Part I of General Sessions all cases between 16 and 21 years arraigned during the month of June were studied, involving 70 cases. In the Court of Special Sessions, Part I, was studied during the month of October, but there were only 38 cases within the specified age groups arraigned during that month. Through the courtesy of the Commissioner of Correction and the Warden it was possible for the Committee's investigator to interview those defendants in the General and Special Sessions cases who failed to get bail and were held in the Tombs prison awaiting trial. 6 A woman investigator spent the month of October in the Women's Court studying all cases arising that month, a total of 49 cases. In almost every case it was possible for the investigator to interview the defendant either before trial or before sentence. The investigator was also permitted to see the report which was submitted on every case either by the Probation Department or by one of the social agencies working with the Court. The Men's Night Court was visited every night with the exception of two Sunday nights in the Summer, and a record was kept of all minors arraigned or examined and the case followed while it was in Court. There were 292 defendants in this group, which was 16.5% of all ages arraigned during this period. Although the addresses given by practically all of these defendants were visited, only 25%o were found. The statements concerning previous records in this group are therefore not conclusive, because the 75% who gave incorrect addresses presumably gave false names also, so that any search for a previous record where no fingerprint was taken would be futile. The 5th District Magistrates' Court was chosen as fairly typical of a district court. All sessions of this court were attended from Aug. 8th to Sept. 7th and the 73 cases coming within the age group were followed. They constituted 10% of all ages arraigned during this period. The distribution in age groups in these 5 courts is shown in, the following table: AGES Total Age % Age %' Age % Age Age %% All Court 16 17 18 19 20 Ages General Sessions 11 166% 1 16% 21 30% 15 21% 12 17%' 70 Special Sessions 4 10% 3 8%. 12 32% 13 34% 6 16%I 38 Men's Night 38 13% 65 22% 68 24% 59 20%. 62 21% 292 5th District 11 15% 9 12%. 20 27'%o 18 25% 15 21% 73 Women's 4 8% 12 25% 11 22% 10 20% 12 25% 49 Total All Courts 68 100 132 115 107 522 As the chief question involved in this inquiry was the adequacy of the present age limits of the Children's Court, and as the age limits proposed have greatly varied, some persons suggesting 17 years, others 18 years, another group 19 years and still another 7 20 years as the proper age limit for the Children's Court, the results of this study are presented under each one of the age groups involved. THE 16-YEAR AGE GROUP There were 10 boys but no girls in the 16-year group arraigned in General Sessions. One lad held on a charge of larceny was acquitted because of insufficient evidence, after having spent 35 days in the Tombs. He had no previous record. Another was convicted of forging 5 checks, another for possessing a loaded pistol, the other 7 were convicted of burglary. Two had no previous record, 7 had previous records, 6 of which were Children's Court records. One of these lads, who had been given a mental examination by order of the Children's Court and found to be feebleminded, had been committed to the House of Refuge. He was on parole from that institution when he burglarized a grocery store and was returned there after conviction. A consideration of some of these cases individually may throw light upon the situation and aid in reaching conclusions. A 16-YEAR OLD THIEF A 16-year old boy was arrested with another boy while attempting to pawn some musical instruments which had been stolen the previous night. He pleaded not guilty when originally arraigned in the Magistrates' Court, but when later arraigned in General Sessions pleaded guilty to burglary in the third degree. No probation investigation was filed in this case, but his previous record was submitted. Investigation by this Committee's agent showed that the defendant had been before the Children's Court in March, 1919 for stealing and had been placed on probation at that time. A year later, March, 1920, he was again before the Children's Court for stealing and was remanded to the Catholic Protectory for three months, at the end of which time he.was again placed upon probation. After he had spent 32 days in the City Prison* awaiting trial he was tried in the Court of General Sessions and sentenced to New York City Reformatory. * The congestion of the Court of General Sessions and the consequent long periods spent in prison awaiting trial is rapidly being remedied. It is not a chronic situation. 8 IF IN THE CHILDREN'S COURT Suppose the change in the law proposed had been adopted and this boy of over 16 years of age had been tried in the Children's Court instead of the Court of General Sessions. What advantages would have accrued in his case? As he had been in the Children's Court on a similar charge, theft, on two separate occasions, within a little over 2 years past and as recently as 14 months ago, and had there received all varieties of treatment available to the judges of that Court, viz,-probation plus commitment to an institution, and neither of these had apparently been of any use, we are frank to admit that no advantages could have accrued. All that the judges of that court could have done would have been to repeat over again the treatment already accorded and which had not proved satisfactory, viz,-either put him on probation again or send him to a reformatory institution. Of course, in that case he would not have had to stay 32 days in jail awaiting trial. It is true that this young thief instead of going to jail would have been confined in the building of the Society for the Prevention of Cruelty to Children, there perhaps to corrupt younger boys. His 32 days' stay in jail awaiting trial, we are not sure, may not have been an excellent experience for this particular case. Nor is it at all sure, that he will not benefit by his stay in the Reformatory. In any event, it is the thing to try. A FIRST STEP IN CRIME Another 16-year-old boy was arrested in a bank while attempting to cash a forged check. He pleaded guilty in the Magistrates' Court and was remanded to the New York City Prison in default of $2,500. bail. He was indicted for forgery in the 2nd degree, but through the leniency of the Court was allowed to plead guilty to attempted forgery in the 2nd degree. The probation investigation showed that he had no previous record, that he lived with his father and older sister who was a school teacher. They had only been in New York a year. The boy had graduated from high school in a Western city, but for nine months had worked irregularly, holding jobs as errand boy and timekeeper. The father knew nothing of the forgery until he was notified of his son's arrest; the boy had always given him his weekly wages. After being arrested the boy admitted having forged and cashed five checks amounting to $216. He had spent the money at Coney 9 Island with a crowd of boys. He begged for an opportunity to make restitution. After 22 days in the City Prison he was placed upon probation with the understanding that he should replace the money. What more could the Children's Court have done for this boy except dispose of his case more promptly? IN SPECIAL SESSIONS rhere were four cases of 16-year-olds in the Special Sessions group. All of these were lads. One was held for possessing a revolver unlawfully, one for petit larceny, two for assault. Only one had a previous record; he had been twice before the Children's Court as a disorderly child. In three of these cases investigation was ordered and the boys were placed on probation. A YOUNG SHOP-LIFTER A colored boy, 16 years old, was arrested in company with two colored women after all had been implicated in shop-lifting or stealing merchandise from a department store. He pleaded not guilty in the Magistrates' Court and was remanded to the City Prison in default of $100. bail. In Court of Special Sessions later he also pleaded not guilty, was tried, convicted and sentenced to the House of Refuge, 19 days after arrest. No probation investigation was ordered. Investigations made by this Committee showed that he lived with his mother and younger cousin in a decent home. The mother stated that the boy had left public school last June from grade 6-b, that he had worked in the day time as an elevator boy and at night time he had helped her in her janitor duties. She stated that he had never caused her any trouble before and blamed the companionship of the two older women for his offense. She claimed that she had not been notified of his arrest until after he was sentenced and said she believed that if she had been able to plead for him in Court the judge would have given him an opportunity on probation. It is hard to believe that a mother could be without any knowledge of the whereabouts of her I6-year-old son for a period of 19 days without making efforts to find out where he was. The slightest inquiry among his companions would have certainly revealed his plight. It is equally hard to believe that a boy of this 10 type could have failed to notify his mother of his arrest and the fact that he was in jail. Just why, in view of the fact that he had no previous record, he should have been sentenced without a probation investigation being made is not revealed. A DIFFICULT CASE The 16-year-old boy in the Special Sessions group, who was found guilty of unlawfully possessing a revolver, when first arraigned pleaded "not guilty", but afterwards changed his plea to "guilty" stating that he had found the revolver, but wished to sell it in order to buy a bicycle. He was released on $100. bail. A probation investigation was ordered which showed that he had a good work record, that he lived with his parents, who bore a good reputation in their neighborhood although the home was a poor one. The Court placed him on probation. In a case such as this there does not seem to have been anything that could have been done in the Children's Court that was not done by the Court of Special Sessions. He had twice been before the Children's Court and had spent a total of 4 years in an institution at St. Agatha's Home, where he had been committed by the Children's Court. Treatment in an institution having proved unavailing, it is possible that he may make good on probation.' At any rate it is worth trying. IN THE WOMEN'S COURT There were four 16-year-old cases in the Women's Court. One of these was for tenement house prostitution, the other three for incorrigibility. The three held for incorrigibility were discharged, two of them after being detained for six weeks or more in Waverly House awaiting trial. Although only one of these girls had a court record, two of them were known to private organizations as having a history of pilfering and immorality. One of the three girls had been in the Children's Court on two separate occasions as involved in a rape case and once on a charge of petit larceny. The other girl was held on the complaint of her mother, but was discharged on the testimony of the arresting officer and the girl's school teacher which 11 showed the mother's accusations to be false. She was an Italian girl who had made an effort to enjoy some of the liberty so common to American girls but forbidden to Italian girls. The girl who was arraigned for prostitution showed a history of stealing and immorality and was suffering from venereal disease. Her family refused to have her return home as she stole right and left. She was committed to Bedford Reformatory. The two girls who were discharged after detention at Waverly House were to receive supervision from the Probation Association. IF IN THE CHILDREN'S COURT What more would have been done for these girls if their cases had been handled in the Children's Court? Frankly, we can think of nothing. That Court could have done no better than to have put on probation the girls charged with incorrigibility (waywardness), and could not have done so well with the girl with a history of stealing and immorality, and infected with venereal disease. The Bedford Reformatory to which she was committed by the Court is a suitable place for a girl of this kind. IN THE MAGISTRATES' COURTS The 16-year-old cases coming into the District Magistrates' Courts present a different problem from those coming into the Courts of Special Sessions and General Sessions. As the magistrate has limited jurisdiction, the serious cases are held for the higher courts whereas the trivial cases are disposed of as a rule with neither detention nor probation investigation. Were these cases heard in the Children's Court the same treatment would result, as the Chief Probation Officer of that Court has stated that between 40% and 45% of the cases occurring there are not referred for probation investigation because the offense is not serious enough to warrant it. IN THE DISTRICT COURTS In the 5th District Court there were 11 cases in the 16-yearold group, all of whom were lads. The offenses ranged from 12 grand larceny to playing ball in the streets. The lad charged with grand larceny was dismissed. Two cases of "burglary" were held for the Grand Jury. In one of these the boy had a Children's Court record. One of these cases, although it was dismissed in the Magistrates' Court, shows the great need of legislation permitting the magistrates to deal with wayward minors. A 16-year-old boy was arrested for having a blackjack in his possession, when the police raided a cellar in which four young men were sleeping. He pleaded "not guilty" in the Magistrates' Court and was promptly dismissed, as there was no evidence to show that he possessed a blackjack. Investigation by this Committee's agents showed that for four months after he had left public school, at the age of 15, he had worked folding advertisements, but that since that time he had refused to work and had been away from home most of the time, coming home at irregular periods to get food and clothing. His mother believed that he stayed in a cellar with members of a gang on 110th Street. Two weeks before his arrest for possessing a blackjack she had gone to a Magistrates' Court and had asked for a summons against him as an ungovernable child. This has been refused, as there is no law under which such a case can be dealt with by the Court. The boy had been in the Children's Court on three previous occasions, once for stealing, once when he was arrested by an, officer of the S. P. C. C. for selling caps without a license, and once for truancy when he was committed to the truant school for six months. This boy was obviously in need of continued supervision. Had a law for the control of wayward minors been on the statute books* the parent could have evoked the authority of the Court to impose some discipline. One of the two boys who were held for the Grand Jury on a burglary charge was released on $1,000. bail, the other boy remanded to the City Prison. Another in this group was that of a lad charged with striking his mother. His mother stated that he had demanded money of her and when she refused to give it to him, he had struck her and knocked a coffee pot off the stove. He was paroled for three days in order that an investigation might be made by the * Such a bill (S. int, 752-Tolbert, 1921) was passed by the legislature, but vetoed by Mayor Hylan. 13 Probation Department. This showed that he had no previous record, that he was an only child living with his parents in a good home, that he had finished elementary school and attended evening high school, that he worked as a clerk in a large photograph company, was a member of the Y. M. C. A. and gave all of his earnings to his mother in return for which she fed and clothed him. The probation officer states that the defendant's parents were very strict demanding that he should come in before 9 o'clock every evening, refusing to let him have any spending money or to go about with lads of his own age. The trouble which resulted in his mother's complaint was because he wished some of the money he had earned in order to take a girl neighbor to a moving picture show. The lad was placed on probation for six months, although it would seem that the parents needed probation quite as much as the boy. IF IN THE CHILDREN'S COURT How would society have been benefited or this young man's. future career advantaged, had his case been heard in the Children's Court? The best that that Court could have done would have been to have done what the magistrate did, viz: put him on probation. TRIVIAL OFFENSES Of the 38 cases in the 16-year group appearing in the Men's Night Court, 19, all held on a charge of "disorderly conduct", were dismissed; 3 of these were arrested for shooting craps, the other 16 for "annoying", in other words, playing ball in the streets, obstructing the sidewalk, congregating on the street corner, or similar offenses. Nine boys were convicted of "obstructing the sidewalk while engaged in a game of crap" (disorderly conduct), and were either fined $1. or $2. or given suspended sentence, which is about what would have happened to them had they been arraigned in the Children's Court. The same is true of the 5 cases convicted of "annoying" and of the 7 who were found guilty of peddling without a license or exposing fruit for sale uncovered. One boy was held in $500. bail for Special Sessions on a charge of petit larceny; 2 cases of disorderly conduct were held for investigation by the probation department; both of these had previous records. 14 One of them was arrested with 3 other boys for jostling and throwing wet paper about in the Grand Central Terminal. He pleaded not guilty, but was convicted and held three days for probation investigation. The probation officer reported that he lived with his father in a good home in Newark, N. J., where he had finished the 8th grade public school. The father stated that the boy had always been wild, that he had run away twice during the past two years and was on probation in Newark at the time as an ungovernable child. He had been discharged on a disorderly conduct charge for being boisterous in the streets a few days previous, had given a different name each time, but had been recognized by the judge on his second appearance. He was paroled in the custody of his older brother to return to his home and was warned not to return to New York. How could this case have been handled differently in the Children's Court except that the boy would have spent the three days he was held for investigation locked up in the rooms of the Society for the Prevention of Cruelty to Children. THE 17-YEAR AGE GROUP There were 11 cases in the 17-year-old group in General Sessions, 1 girl, the rest lads. Eight of these 11 had previous records, 5 of them included Children's Court records. All but one of these cases were investigated by probation officers before sentence, in that case a police record was submitted. Six of the charges were burglary, 2 forgery, 2 grand larceny, and 1 for robbery. The 3 cases in which there were no previous records were placed upon probation as all showed good work records; one lad returned the stolen goods, one was helping to support his mother. Two of the cases with Children's Court records would seem to show clearly that they were not suitable cases to be returned there; they are that of a 17-year-old girl, arrested for assisting a man in holding up a stranger in a hallway and robbing him. The girl confessed to the probation officer who investigated her case that her part was to lure men into the hallways where they were robbed. This girl and her co-defendant pleaded "guilty" when arraigned in the Magistrates' Court and "not guilty" when later arraigned in General Sessions, but they were convicted of robbery. The defendant's parents were decent, hard-working people who 15 had had considerable trouble with her. In 1918 she had run away from home and lived with an Italian until she was found by the Society for the Prevention of Cruelty to Children and returned to her parents. She had again left home early in 1921 to live with the codefendant and had earned money as a prostitute, but had never been arrested for it. She was suffering from venereal disease when arrested. After 48 days in the City Prison she was sentenced to Bedford Reformatory. PROSTITUTES IN THE CHILDREN'S COURT? Is there anyone who believes that this incorrigible, vicious, venereally infected prostitute and thief should have been tried in the Children's Court and have mingled with the little girls brought to that Court? A YOUNG THIEF Or, take the case of the young man of 17 who was arrested in the night time while prying the bars from the rear window of a drug store. He pleaded "not guilty" in both the Magistrates' Court and in General Sessions, but was convicted of burglary in the third degree and sent to Elmira Reformatory, as the police report showed that he had been in the Children's Court on four occasions, first for disorderly conduct, when he was fined $1.; two years later as a juvenile delinquent, when he was placed on probation, but he violated his probation within the year and was sent to the Jewish Protectory. Shortly after his release from the Jewish Protectory he was again before the Children's Court for assault and was sent to the House of Refuge. During the two years since he left there he has worked but irregularly. THE REFORMATORY THE PLACE FOR HIM Would anything be gained by sending this young thief back to the Children's Court, where every method of treatment available to the judges of that Court, viz., fine, probation, commitment to an institution had all been tried and all had failed? Elmira Reformatory where he has now been sent is the right place for him-it was created for just such cases. But if he were to be deemed "a child", as has been proposed, he could not be sent there. His treatment now in the Children's Court would have been detrimental both to the welfare of the offender and of the community. 16 IN SPECIAL SESSIONS In Part I of Special Sessions there were only 3 cases within the 17-year age group arraigned during the month that cases in that Court were studied. They were all young women held on a charge of petit larceny (shoplifting). Two had no previous record; one had a record in the Children's Court and was on probation from the Women's Court when she committed the theft; she was also suffering from venereal disease. After 7 days in the City Prison she was sentenced to Bedford Reformatory. Fines were imposed upon the two girls who had no previous record; the fines were paid. Two FIRST OFFENDERS One of these girls was arrested with an older sister after they had taken goods valued at $43. from a large department store. They pleaded "not guilty" at first and were released in $200. bail. When the case came to trial they changed their plea to "guilty", and a probation investigation was ordered. This showed that they had no previous record either in New York or in their home town in Connecticut. The two girls were living in a furnished room attending a "fashion academy" where the father was paying $420. for tuition each for courses in millinery. The girls had stolen from another store as well as from this one. They had no explanation of their conduct. The local police in Connecticut reported the family as prosperous and much respected there. The father came to New York, paid the girls' fines and took them home with him. Could any better treatment have been accorded in the Children's Court or in a special Adolescent's Court? IN THE WOMEN'S COURT In the Women's Court there were 12 cases in the 17-year age group; 6 of them had previous records, one in the Women's Court, the rest in the Children's Court. It is interesting and unusual that in 11 out of the 12 cases, the complaints against these girls were for "incorrigibility" (waywardness), made in all but one case by the girl's parent; 6 of the girls in this group were suffering from venereal disease. Three were discharged; one because her mother decided to give the girl 17 another chance and withdrew her complaint; another on recommendation of the probation officer after investigation, with the understanding that the girl was to receive probationary oversight from the Jewish social worker who works at the Court. The third case was that of a feebleminded girl who was sent to Bellevue Hospital for observation and discharged in the Women's Court when papers were prepared for her commitment to a state custodial asylum for the feebleminded. Three other girls were placed on probation, two of them to receive hospital treatment for venereal disease. Three girls who had previous records were sent to the House of Good Shepherd; and three others were committed to Bedford Reformatory. There was a probation report on every one of these cases or in lieu thereof a report from one of the social agencies working with delinquent girls. Although these girls were arraigned on the charge of "incorrigibility", a study of their cases discloses in a number of them a history of prostitution and thieving. THE CHILDREN'S COURT FOR THEM? These were all cases of the embryo prostitute and the woman criminal. They have therefore unusual significance for this study. One asks oneself what advantage would have resulted to them or to the community had they been tried in the Children's Court? The only thing the Children's Court could have done for them would have been to have put them on probation or sent them to an institution where little girls are confined. Well, 3 girls were put on probation and three discharged by the judge in the Women's Court; three others were sent to the House of Good Shepherd and three others to Bedford Reformatory. It is obvious that to have transferred the cases of these embryo prostitutes-young women, not children-to the Children's Court from the Women's Court where they have the advantage of treatment by judges specializing on women's offenses, and where there is even a woman judge sitting much of the time, and where there is attached to the Court a host of private organizations and women probation officers equally expert in dealing with young women, would have been not a gain, but a loss. 18 IN A DISTRICT COURT In the 5th District Court there were 9 cases in the 17-year-old group. They were all young men. Two were charged with grand larceny; one of these was held for the Grand Jury, the other dismissed; a charge of burglary was also dismissed. Three cases were violations of corporation ordinances; one of these was dismissed, one was fined $3.00, one given suspended sentence. Three disorderly conduct cases were held two or three days for probation investigation; two of these lads were given a suspended sentence and returned to their homes. One young man had been arrested for slapping a girl's face, technically charged with "disorderly conduct". Probation investigation showed that he lived at home with decent parents, attended high school, had a good work record for a job he had held during vacation. The neighbors interviewed felt that he kept bad company, but all agreed that the girl he had struck was very quarrelsome and had probably picked a fight with him. He was placed on probation. Would there have been any advantage in having such a case brought before the Children's Court? IN THE MEN'S NIGHT COURT In the Men's Night Court there were 65 cases in the 17-yearold group. Of these 4 were held for Special Sessions, 2 for possessing a revolver without a permit, 1 for cruelty to animals, 1 for petit larceny. Nineteen (19) disorderly conduct cases involving either shooting crap or obstructing the sidewalk and refusing to move on were dismissed; 1 case where the charge was that of unlawfully possessing liquor was adjourned to the 12th District Court where it was dismissed. Twenty-eight (28) disorderly conduct cases, where the specific charge was either shooting crap, obstructing the sidewalk or being boisterous were found guilty and sentence was suspended or a small fine of $1. or $2, was imposed. They were dealt with very much as the cases of boys who sell newspapers without a license are dealt with in the Children's Court, sometimes being arraigned in groups of 5 or 10. In the Children's Court, though, the boys are reprimanded and given a bit of a lecture. This is done only occasionally in the Men's Night Court. 19 Two other young men who were held for disorderly conduct were committed to the Workhouse, one for two days for rowdyism in a crowded subway train, the other for throwing bricks at a man; 6 lads who were found guilty of peddling without a license were fined sums varying from $1. to $5. No probation investigations were ordered in these cases, but, in all probability, -if first offenders-neither would they have been for the same type f case in the Children's Court. How such cases would have been advantaged or the community benefited by being tried in the Children's Court it is difficult to see. A further consideration in detail of the cases arising in the various courts in the other age groups, viz., young men and women of over 18, over 19 and over 20 years of age, would be merely cumulative. We do not wish to burden our readers with the detail involved in this study, but in order that the full facts may be before the public we have included in the Appendix to this Report a statement of the cases in these various age groups in the various courts studied. TREATMENT IN COURT- SUMMARIZED The more serious cases are heard in the Court of General Sessions with a jury. It is the almost invariable rule in these Courts that a probation investigation is ordered before sentence is pronounced (unless a police record is submitted); that all extenuating circumstances are considered; and in the cases of young first offenders a constructive plan for rehabilitation is made whenever possible. In a number of the cases studied the offenders were sent back to their homes away from New York City. The services of the Voluntary Defenders Committee are available to any defendants who desire counsel but have no means with which to engage one. In some cases the Court assigns the counsel from this Committee, in other cases the prisoner asks its aid. Special Sessions tries misdemeanors with a bench of three judges and without a jury. In the majority of Special Sessions cases a probation investigation is ordered before sentence is pronounced although this was not done in a few cases where it seemed essential to the proper disposition of the case. In both of these Courts, however, the majority of first offenders were placed upon probation. 20 IN THE WOMEN'S COURT The cases in the Women's Court show careful probation investigation, co-operation with private agencies working with delinquent girls, routine physical examination and in a number of cases mental examination secured by a private agency; medical care is ordered for the girls suffering from venereal disease; a constructive plan is made for the first offender. So far as treatment is concerned it does not differ greatly from the Children's Court except that a mental clinic and a suitable house of detention are lacking. The mental clinic will undoubtedly come in time, and there is definite hope that a house of detention provided for in the Inferior Criminal Courts Act will be built in the near future. IN THE DISTRICT COURTS The Magistrates' Courts are the sieve through which are sifted all sorts and classes of cases either for examination or final disposition. In the motley array that pass through these Courts many offenses are so trivial that only a few minutes of the Court's time is consumed in disposing of them. This perhaps is one of their great advantages, that while they are able to punish such violations of the law as loitering on street corers, peddling without a license, mixing ashes with garbage, throwing rubbish in the street, exposing food for sale uncovered, leading a dog on the the street without a muzzle, playing crap on the sidewalk, etc., they afford an opportunity for an immediate and speedy trial. With the large foreign born population in New York City it is necessary to enforce such laws, especially the corporation ordinances which protect the health of the community, but the offense can in no way be considered criminal or to indicate the need for extensive social investigation and treatment. The offenses of groups of lads who are brought in for playing crap on the sidewalk or ball in the street may indicate that they are in need of supervision and oversight, but even in America supervision of the individual in search of recreation cannot exist. Even in the Children's Court where, according to the mother of a little Italian boy, "they punished him for breaking a street lamp by having his tonsils removed" this type of case would receive very much the same treatment that it receives in the Magistrates' Court. It is true that in the Magistrates' Courts certain types of 21 cases such as playing crap or peddling without a license are arraigned five or ten at a time and disposed of en masse, but this same practice obtains in the Children's Court in similar cases. To be sure the young man's parents would be sent for if he were taken to the Children's Court, he might be given a good scolding on the error of his ways and he would be found guilty of "juvenile delinquency" instead of disorderly conduct and his conviction would not count against him in a civil service examination, but that is hardly sufficient reason for increasing the age limit of the Children's Court. Probation investigations are ordered in only some 3% of the cases convicted in the District Magistrates' Courts. This is due to two reasons,-first, the nature of the offense, second, the inadequacy of the probation staff attached to these Courts-the Magistrates naturally hesitate to order an investigation by the overburdened officers in trivial cases, but wherever the nature of the charge or facts brought out in the trial indicate the necessity for an investigation one is ordered. In comparing the treatment of trivial cases in the Magistrates' Courts with the treatment of similar types of cases in the Children's Court it must be noted that even in the Children's Court no probation investigation is ordered in cases where the charge is playing ball in the street, peddling papers without a license, etc., unless during the hearing of the case some situation is revealed which shows that a condition exists with regard to the boy which demands investigation. DETENTION A bad feature in the treatment of the lads between 16 and 18 years of age coming into the Courts of General and Special Sessions is the length of time they are held in the City Prison, unless they secure bail. Although tiers 5 and 6 are especially reserved for minors, and although minors with mental defect or venereal disease are isolated on the 1st and 8th tiers and are also kept separate from the older men during the time they take their exercise in the prison yard, yet while waiting arraignment and trial they are kept together with other prisoners in a room about 12 x 20 ft. containing 2 exposed toilets and but one window. Often as many as 40 or 50 are thus kept together for several hours, some of them all day, a meal being served at noon from the prison kitchen.' 22 Only one of the 11 defendants in the 16-year-old age group and one in the 17-year-old age group in the Court of General Sessions secured bail, although 10 of the 18-year-old age group were released on bail and of these 5 had not come to trial on January 1, more than 6 months after their arraignment. The young men in the 16-year-old age group spent an average of 31 days each in the City Prison awaiting trial, the shortest period there being 17 days, the longest 94 days. The 17-year-old age group averaged 32 days each, 12 days being the shortest period, 90 days the longest. Days of enforced idleness with only a brief period of out-of-door exercise are more demoralizing for lads of 16 and 17 than a regular prison routine with regular hours of work. This situation in protracted detention in jail while awaiting trial is undoubtedly an abnormal one, due to the congested condition of the calendar of the Court of General Sessions, caused by the present "crime wave." More cases were admitted to bail in the Court of Special Sessions probably because the offenses were not so serious, therefore bail was lower and easier to get. The average period of detention of the 16-year-old group from this Court was 18 days, for the 17-year-old group 7 days. More than half the defendants secured bail. The women held for the Courts of General and Special Sessions are kept in the Women's Annex of the Tombs Prison without any attempt at classification. If a girl is very young or apparently not a hardened offender she is held at one of the private Homes. In a large percentage of the shoplifting cases that occurred in this study bail was secured. The detention situation in connection with the Women's Court is especially serious at the present time. The girls are taken to and from Welfare (Blackwell's) Island each day in a police van. There is no classification either during the trip or while at the Workhouse. This practice has only been in effect since last July and has given rise to such serious protest from officials as well as private organizations that it seems as if it must soon be discontinued.* In the meantime many of the younger girls are cared for at private Homes-either Waverly House or the Florence Crittenton, both of which give the Court fine co-operation. * It has subsequently been discontinued. 23 The problem of detention in connection with the other Magistrates' Courts is not serious as only a small percentage of the cases are held for more than a few hours. In the Fifth District Court 66%o of the cases came in response to a summons, leaving only 34% who were brought under arrest. A small hallway leading from the court room to the jail served as a detention room for those brought under arrest. No attempt was made to segregate defendants according to age or sex, but they were always carefully guarded and remained in this detention room only while waiting to be arraigned. Defendants asking adjournments or held for investigation and not bailed out are held in jail. This is true also of the Men's Night Court and other Magistrates' Court. A consideration in detail of the previous records in each of. the Courts studied may be of interest. PREVIOUS RECORDS PREVIOUS RECORDS-GENERAL SESSIONS 16 yrs. 17 yrs. 18 No record 3 3 Children's Court once 2 2 " " twice 4 2 Is. "3 times- - Children's Court 4 times - 1 Chil. Ct. 5 times & adult court once - Chil. Ct. once & adult court twice - Chil. Ct. once & adult court once - Chil. Ct. once & adult court 3 times - Adult Court once 1 2 " " twice - " ( 3 times - - Total Cases 10 10 ] Cases still pending are not incl fingerprinted until after conviction. yrs. 19 yrs. 20 yrs. Total 7 3 5 21 - - 4 - -- 6 1 & once 1 in adult - 2 court 1 & twice - in adult 2 court - 1 - 1 2 -- 2 1 - - 1 1 - 1 2 3 3 11 2 - - 2 - I- 1 16 9 9 54 % 39% 7% 11% 4% 4% 2% 4% 2% 2% 19% 4% 2% luded in this table as they are not 24 PREVIOUS RECORDS-SPECIAL SESSIONS 16 yrs. No record 3 Children's Court once 1 d" "3 times Children's Court once and Adult Court twice Adult Court once " " twice - " " 3 times - Total 4 17yrs. 18yrs. 2 11 19 yrs. 20 yrs. Total 9 2 27 % 70% -- - 1 3% 1 - 1 3% 1 - 1 - 1 1 3 5 - 2 - 2 - - - 1 1 3 12 13 6 38 3% 13% 5% 3% PREVIOUS RECORDS-WOMEN'S COURT 16: No record Children's Court once Children's Court twice Children's Court twice & Adult Court once Children's Court 4 times Adult Court twice Total yrs. 17 yrs. 18 yrs. 19 yrs. 20 yrs. Total % 3 6 9 9 10 37 76% - 3 2 1 - 6 12% i 1 - - 1 2% 1 - - - 1 2% 1 - 1 - 1 - - 2 3 4 12 11 10 12 49 2% 6% It is impossible to make an accurate statement regarding the previous records in the cases studied in the Fifth District Magistrates' Court and the Men's Night Court. In the majority of cases of disorderly conduct or violations of corporation ordinances which are not fingerprinted very little information could be secured, as many of these defendants came to court upon a summons, remained until after the briefest sort of hearing, paid a small fine or were given suspended sentence and walked out, very often having given an incorrect address. The Children's Court records were searched for any information concerning each of the defendants considered in this study, but as 56% of the Fifth District Court group and 75% of the Men's Night Court group gave incorrect addresses it is more than probable that they also gave false names. For this reason no conclusions can be reached concerning previous records in Magistrates' Court cases, although in a number of the 25 cases held for probation investigation, previous records were found which had an important bearing. Under the circumstances the information as to previous records is of doubtful value, but it is submitted for what it is worth. PREVIOUS RECORDS-FIFTH DISTRICT MAGISTRATES' COJURT 16yrs. 1; No record 9 Children's Court once 1 I " " twice 1 7yrs. 18yrs. 19 yrs. 20yrs. Total 9 17 17 14 66 - 2 - - 3 - - - 1 - 1 1 1 3 9 20 18 15 73 90% 90% 4% 2% 4% Adult Court once Total 11 PREVIOUS RECORDS-MEN'S NIGHT COURT* 16 yrs. 17 yrs. No record 38 Children's Court once 1. t.o 3 times 1 Children's Court once & Adult Court once 1 Children's Ccurt 3 times & Adult Ct. twice Adult Court once.. I" twice 1. " 6 times 1 Total 43 60 18 yrs. 19 yrs. 20 yrs. Total % 67 55 62 282 97% 1 - - 2.6% - - - 1.3% - - - - 1.3% - - 1 - 1.3% - - 3 - 3.9% - - - - 1.3% - - -_- 1.3% 60 68 59 62 292 What happened to the first offender in each Court has been set forth quite fully in the many illustrative cases presented in the earlier part of this report, but the following statistical review of the situation may not be without interest. * NOTE: This table is not conclusive because of the large percentage of false names and false addresses given at court, but it represents such records as are known. 26 DISPOSITION OF FIRST OFFENDERS General Special Ses- Sessions sions Acquitted 1 4 Dismissed 3 Fined - 6 Probation 14 9 Suspended Sentence 2 Sent to Institutions (Reformatory) Bedford - Elmira 1 House of Good Shepherd House of Refuge - 1 N.Y.C. Reformatory - 2 (Hospital) Bellevue Kingston Ave. Hospital - Workhouse - 3 Penitentiary - 1 Returned to Navy as deserter - 1 Held for Other Courts - Women's 5th Court Magis. 4 9 3 14 13 2 - 5 Men's Night 103 124 2 40 Total 5 119 147 40 47 17 (10), % 1% 27% 34% 9% 11% 4% 4 2 (7) 1 6 - 4 - 1 8 1 2% 1 21 27 - 36 12 48 37 66 282 433 11% Total THE LAW IN OTHER STATES One of the most frequently used arguments for raising the age limit of the Children's Court in New York State has been the fact that many other states have made 17 years or 18 years the age limit and that Maryland and California have even gone so far as to increase their age limit to 20 and 21 years respectively. This made the Committee feel that it was important to include in its study a consideration of the laws and procedure in other states. All available information, especially that on file in the Federal Children's Bureau at Washington has been availed of. At an early stage of the inquiry conferences were had with the officials of that Bureau, and as a result, it was determined to supplement the information then available by a direct inquiry 27 in the various states in which the age limit for "children" was over 16 years. An appropriate letter with a brief questionnaire was accordingly sent to judges having Children's Court jurisdiction in various states. One hundred and eighty-nine (189) such letters were sent out and 111 replies received; 69% of those addressed responded. The information thus obtained puts the entire situation in a totally new light. In the first place, the constantly repeated statement that a great many states have an age limit of 18 years and over for Children's Courts does not bear analysis. Out of 246 courts in the United States hearing children's cases*, only 21 or 82%o are organized as independent juvenile courts, as we understand the term in New York. The others are adult courts with a "children's part", or with a portion of time allotted to children's cases. In addition, it develops from this inquiry that in only a few of the states have these courts exclusive jurisdiction in delinquency cases. In most of the states with a higher age limit for "children's" cases the juvenile court has no jurisdiction over offenses that would be felonies if committed by an adult. Such offenses are tried in the adult courts. On this point the following statement from a Report* * published by the Federal Children's Bureau is most enlightening. "In dealing with the child who is charged with a felony or a crime punishable by death or by life imprisonment, the legislatures of most States have refused to apply the essential principles of juvenile-court legislation. * * * * In the great majority of States in which the juvenile court may have jurisdiction, the judge may in his discretion dismiss the case and allow the child to be tried in the regular criminal courts or under the ordinary procedure. In some States it is even possible for the judge so to transfer a merely delinquent child, if he thinks reformation is impossible." As indicating the character of the jurisdiction of Children's Courts in states where the age limit is above 16 years, the following table is significant. *As listed in Publication No. 65-U. S. Children's Bureau, 1920. ** Children's Bureau Publication No. 70, "A Summary of Juvenile Court Legislation in the United States", 1920. 28 STATES IN WHICH AGE IS OVER 16 YEARS, WITH LIMITATION ON JURISDICTION AGE STATE LIMIT Alabama Boys 16 (some counties) Girls 18 Arizona 18 Arkansas Boys 171 Girls 18 California Mandatory to 181 Permissive to 21 Colorado Boys 171 Girls 18 Connecticut Reduced from 18 to 16 Delaware Boys 17) (i;rl i 1I ( JURISDICTION IN CASES OF DELINQUENTS Concurrent with Criminal Courts-discretionary with judge. Exclusive original jurisdiction. Concurrent jurisdiction-discretionary with judge. Concurrent jurisdiction-discretionary with judge. Concurrent jurisdiction. No jurisdiction over offenses punishable by imprisonment in State's Prison. Concurrent. Dist. of Columbia Florida Idaho Illinois Indiana Kentucky Louisiana Maryland Massachusetts Michigan Minnesota Mississippi 17 Without jurisdiction in cases of felony. If child is involved with adult in any offense both go to adult court. 17 Without jurisdiction in cases of certain felonies (rape, murder, robbery, arson, burglary, or the attempt to commit any of these crimes). 18 Exclusive for juvenile delinquency, but no jurisdiction over felonies. Boys 171 Concurrent jurisdiction, discretionary Girls 18 with court. (Report from McLean County states that all felonies go to adult court.) Boys 16) Exclusive Girls 18S Boys 171 Concurrent jurisdiction, discretionary Girls 18J with court. 17 Exclusive Boys 201 Concurrent jurisdiction. (Law proGirls 18j vides that child may be tried by a jury upon request.) 17 Concurrent jurisdiction, discretion of court, but juvenile delinquency proceedings must be instituted and dismissed before transfer can be made. 17 Concurrent jurisdiction, discretion with judge. 18 Concurrent jurisdiction, discretion with judge. 18 Concurrent jurisdiction, discretion with judge. 29 STATE Missouri Montana Li Nebraska Nevada New Hampshire North Dakota Ohio Oregon South Dakota South Carolina Texas Utah kGE IMIT JURISDICTION IN CASES OF DELINQUENTS 17 Exclusive 18 Exclusive for juvenile delinquency; without jurisdiction in case of felony. 18 Concurrent (If child is charged with a crime any person interested may demand a jury or the judge may so order). 18 Concurrent jurisdiction-discretionary with judge. 17 Concurrent jurisdiction. 10 s is 18 18 18 18 18 Boys 17 Girls 18( Concurrent jurisdiction. Concurrent jurisdiction. Exclusive Virginia Washington West Virginia 18 Concurrent with judge. 18 Concurrent with judge. 18 Concurrent with judge. 18 Concurrent with judge. 16) Concurrent 17 with judge. jurisdiction-discretionary jurisdiction-discretionary jurisdiction-discretionary jurisdiction-discretionary jurisdiction-discretionary Wisconsin Boys Girls From this table it is apparent that in 6 states, the Children's Courts have no jurisdiction in cases of felony. Replies from different courts administered under the same state law report widely differing procedure. A judge of the County Court of Milwaukee writes as follows: "In Wisconsin the Juvenile Court has jurisdiction of boys until they are 16 years of age and girls until they are 17. We have no power or authority to transfer to other courts. Personally, I think our age is high enough and I would not advocate increasing the age of offenders who should be brought into the Juvenile Court. The experience of the criminal court judges, district attorney and myself as Juvenile Court justice in Milwaukee has been that many rather hardened criminals are under the age of 2I, and if that class of offenders are to find their way into the Children's Court, to be housed there and their cases disposed of with those of little boys and girls whose of30 fenses are very trivial, I think the Juvenile Court would be actually ruined and more harm than good will result." The advocates of increasing the age limit of the Children's Court have made much of the fact that in the state of California, the age limit of the Children's Court has been fixed at 21 years. Inquiry of the courts of that state, however, develops the fact that this jurisdiction does not apply to crimes but only to minor offenses. As reported by one California court,"The jurisdiction of the Juvenile Court in this state runs to 21 years, with the provision that between the ages of 18 and 21 a boy may be either tried in the Criminal Court or given a hearing irn the Juvenile Court. The result has been that practically every case between those years involving the commission of a crime is handled in the Criminal Court, while every case coming between those years which does not involve the commission of a crime, is heard in the Juvenile Court." One court in Arkansas writes: "Until the past few months our age limit has been 18. It is now 21. But we handle very few offenders above 15 and they are transferred to us from other courts because that particular case needs leniency." A judge of a Michigan court writes: "The Juvenile Court in this state was created for the purpose of correction, and not punishment; and I believe if the age limit were to be raised, it would, to a great extent, defeat the purposes of the Court. And, further, I believe a minor over the age of 17 years is sufficiently mature to know and realize what he is doing, and he should be taken into the Criminal Court, and the criminal judge should take advantage of the parole statutes, if the case warrants that action." A judge of a court in Idaho offers these pregnant comments on the situation: "All cases of misdemeanors committed by those under 18 are supposed to be tried by the Probate Courts, but I must say that there are some inconsistencies in this system. I suppose we ought not to question the scientists and the fatherly inclined judges of supreme courts 31 throughout the United States, who have left us those beautiful dissertations as to the duty of the state to be parens patriae to these "infants", and establishing the theory that they are not to be considered as law breakers, but as needing assistance and direction. If some of these judges had the experience of interviewing some hairy necked seventeen year old derelict,-lecture him awhile on the Christian graces, and the desirability of becoming a good citizen, and while on the surface he showed respect and attention, just underneath you could see his contempt of such counsels-they would want a provision that would consign this boy to the cold letter of the law. "If I had the remodeling of the Law in Idaho, I would make the age of those subject to the juvenile courts 16 for both boys and girls, and would preserve the present provision that permits the higher courts to sentence the juveniles to the Industrial School. Then we could keep the younger offenders from the "hard boiled" criminals, and at the same time we could teach the tougher class of youngsters to respect the law. The best thing to do with some boys and girls is to put upon them the penalty of a fine. We can't do that. We do make them restore destroyed or stolen property or give its equivalent in cash under penalty of commitment to the Industrial School, but if this were protested by a parent we could not make it "stick". After a child gets to be seventeen years of age in many cases they are not amenable to the influence of a probation officer, and in my opinion the laws are tending toward inconsistent ends based on an unjustifiable sentimentality. "Put more of the cases into the regular courts, with the right to refer them to the juvenile courts, rather than give them originally to the juvenile courts. Your age of 16 years I do not think should be extended." Judge Ben Lindsey of the Denver Court expresses himself most emphatically against the proposal to increase the age of the Children's Court. "The district attorney only bring to the juvenile courts of the various counties the milder type of offenders, between 16 and 21 where probation may be effectively employed. As you know, some of the most dangerous criminals are within this age, and I seriously doubt if it would be a good thing to place the trial of boys or girls between 16 and 21 years of age, or 15, 16, 17 or 18 in the Children's Courts of a large city like New York or Chicago. With so many cases to handle it might interfere with the work that is needed to be done for the younger children." 32 Some judges in other states, however, strongly advocate increasing the age limit of Children's Courts up to 18 years, and even 21, but most of these add the proviso that they would desire to have the statute so worded that in the discretion of the court the juvenile offender might be transferred to an adult criminal court for trial and disposition. Chicago has its "Boys' Court" to which go all male offenders between the ages of 17 and 21 years, but only misdemeanor and quasi-criminal cases are tried in this court. Felonies are examined here but are held for trial in an adult criminal court. Information that comes to us from the states of Texas, Colorado and Kentucky throws a flood of light upon the reasons which have led those states, at least, to increase the age limit of "children". It develops that in those states there is no probation system for adults and no means by which, under the existing laws, adult offenders, or even the adolescent offender can be placed upon probation. Therefore they have hit upon the expedient of increasing the age of "children" under the law so as to find a means of placing adolescents and adults upon probation. No such need exists in New York, for, here there is a well developed system of adult probation applicable not only to those who have attained their majority, but to young men and young women between the ages of 16 and 21 as well. In the State of Washington it develops that a factor in fixing the age limit of "children" at 18, is the fact that girls between the ages of 16 and 18, otherwise could not be sent to a reformatory institution but would have to go to the penitentiary. From the study that it has been possible to make of the law and the practice in other states, it is quite apparent that there is nothing in the experience of those other states to justify the increase of the age limit of the Children's Court in New York; for, in most of these states serious offenses are now tried in adult criminal courts, and in other states where the age limit has been increased it has been due to an extraneous reason, namely, as a method of coping with a situation caused by the lack of a probation system for offenders between the ages of 16 and 21. 33 FINDINGS After five months careful first-hand observation of the actual treatment accorded young men and young women between the ages of 16 and 21 in all New York City's Criminal Courts, The Committee on Criminal Courts finds: 1. That there is nothing in the present treatment accorded young men and women between the ages of 16 and 21 years in the criminal courts of New York City, that would warrant changes in the present tribunals. 2. That there are no serious evils in connection with their treatment by the courts that need to be remedied. 3. That if the age limit of The Children's Court were increased to 18 years, it would double the volume of cases to be heard in a court, now already overburdened. 4. That a study of the laws and practice of the treatment in other states of young men and women between the ages of 16 and 18 as "children", shows that there is nothing in that experience to justify an increase in the age limit of the Children's Court in New York. 5. That in many of such states, true juvenile courts do not exist, but children's cases are heard in parts of adult criminal courts. 6. That in many other states the more serious offenses are not heard in children's courts but are transferred to adult criminal courts. 7. That in some states where the age limit of children's courts has been increased to 18 years and more, it has been done chiefly to provide a means of putting such offenders on probation, as the states in question have no system of probation for adults or for minors over 16 years of age. 8. That there are evils in connection with the detention of the younger offenders, and the inability to secure bail in minor offenses that should be remedied. 34 9. That in all cases where a probation investigation is ordered by the court before sentence, it would be helpful if, as a matter of routine procedure, the previous record of the offender in the Children's Court, where such record exists, be reported to the court. 10. That the chief reason for the proposal to increase the age limit of the Children's Court is to be found in the fact that in the formative period of from 16 years on resides the danger to the future of society. 11. That parental control of these youths is decreasing and there is no substitute for it. 12. That parents and guardians are without means of enforcing such control and preventing the youth of the city from going to the bad. 13. That a law which will give the courts (Magistrates) power to deal with wayward minors through probationary oversight, and even commitment to institutions where probation fails, is an urgent necessity in New York state. 14. That with such a law operative, the chief reason for desiring an increase in the age limit of the Children's Court will speedily disappear. 15. That the judges of all the criminal courts should possess the power to transfer the case of an offender under 18 years of age to the Children's Court where in the opinion of the judge it will be better for the welfare of the offender and the community. 35 RECOMMENDATIONS We Recommend: 1. The enactment of a law for the control of Wayward Minors, giving to the magistrates the power to place young men and women between the ages of 16 and 21 years who are wayward, under probationary oversight, and, where necessary, to commit them to appropriate institutions. 2. That the judges of all criminal courts in New York City be given the power to transfer to the Children's Court any case under 18 years of age, when in the opinion of the judge the interests of the community and the offender will be better served thereby. 3. That the Chief City Magistrate, the Chief Justice of the Court of Special Sessions and the Presiding Justice of the Court of General Sessions and of the respective County Courts in the counties of Kings, Queens, Bronx and Richmond, require as a matter of routine procedure weekly written reports to be submitted to them, showing all cases of persons under 21 years of age confined in jail awaiting trial, with the nature of the offense charged, and the number of days already spent in jail. 4. That the judges of all criminal courts in New York City when ordering a probation investigation in the case of any offender under 21 years of age, require in each case a written report as to the offender's previous record in the Children's Court. 36 THE CASE HISTORIES While the facts have been fully presented in the foregoing Report, a consideration of the individual records of the cases studied will, we feel sure, prove so valuable and interesting that we have appended herewith the case records in 40 different cases involving the age groups of 16 years, 17 years and 18 years, and involving the three courts in which the more serious offenses are tried, viz., the Court of General Sessions, the Court of Special Sessions and the Women's Court. Were it not for the expense of printing, and the unnecessary bulking of this Report, we should have appended in place of these 40 selected cases the similar records in every case brought before these tribunals, but the cases selected are quite typical and, as will be seen from a study of them, have not been in any sense selected with a view of proving any point of view. A study of these cases in detail will well repay the time spent upon them. Fictitious names have been substituted for the real names in all of these records to protect the interests of the persons involved. Similarly, the house addresses where the various offenders reside have been omitted. Otherwise the records are copies of the records in the various cases. The case numbers given identifying each case do not refer to any case numbers on file in the respective courts, but are serial numbers, appended for the purposes of this inquiry only. As one reads each of these case histories, the reader should put to himself in each case this question: "How would the offender have benefited or the community been advantaged by the trial of this case in the Children's Court, or in some different tribunal?" THE COMMITTEE ON CRIMINAL COURTS OF THE CHARITY ORGANIZATION SOCIETY OF THE CITY OF NEW YORK 37 No. 4 Date of Date of Age Sex Parentage Nativity Arrest Bail Disposition Court 18 F. Italian U. S. 10-4-21 10-6-21 Women's Court Name: Ida Bardini Charge: Vio. Chap. 436, Laws 1903-Incorrigible. Offense: Associating with persons of vicious and dissolute habits - remained away from home all night without permission of her parents. Failed to account for her absence. In danger of becoming morally depraved. Previous Offense: - Address: East 29th St. Occupation: Bookkeeper. Children's Court: Disposition: Six months' probation on good behavior-to keep good company-live at home -contribute to family income-keep away from dance halls. Case History: Girl arrested at her home by plain clothes officer at the request of her mother, She pleaded not guilty, but was convicted and placed on probation for six months. Girl is single, born in New York, has lived at her present address 8 years. Educated in public school, graduated at 14, one year in high school, six months in evening school. Family live in clean, well-furnished apartment of 6 rooms in 3-family house, very poor neighborhood. Mentally she is apparently normal. Her physical condition is poor. Her mother says that since the death of the girl's father she has gone from bad to worse, going out every night and remaining until 1 or 2 A. M. On Sept. 3, 4 and 10 she stayed away all night and refused to tell where she went. She is very fond of dancing and frequents dance halls in Brooklyn and New York. When questioned as to where she spends her time she flies into a rage and refuses to give any information. Contributes nothing to the home. Her mother says that she can do nothing with her and would like to have the girl committed. The girl admits that she has remained away from home but denies that she has been immoral. She had no previous probation record. The Board of Health reports that she is not suffering from any form of venereal disease, therefore was put on probation with strict conditions. 38 No. 1 Date of Date of Age Sex Parentage Nativity Arrest Bail Disposition Court 16 M. Irish U. S. 9-27-21 $150 12-2-21 Special given Sessions Name: Michael Shelley Charge: Assault Offense: Struck a 12-yr. old boy in face with his fist causing severe injury Previous Offense: None Address: West 163rd St. Occupation: Errand boy Children's Court: None Disposition: Probation Case History: Boy arrested 8 P. M. 9-27-21 at corner of 157th St. & Amsterdam Ave. when he hit a younger boy with his fist for no apparent reason, causing injury to his face which required two stitches. Case filed in Special Sessions Oct. 1, 1921. Pleaded not guilty Oct. 7, 1921. Convicted Dec. 2. Continued on bail for investigation and sentence to Dec. 9, when sentence was suspended and defendant placed on probation. Probation investigation showed this boy born in this country, in New York 8 years. In good physical condition. Has good work references from two firms with whom he has been employed as errand boy earning $12. a week. At present living with parents and two brothers, both working, in five rooms, very good home. Neighbors here and at previous address visited say that he is a very good boy but a little vain of his physical strength. The family have a very good reputation. Three neighbors appeared as character witnesses for the defendant. 39 No. 53 Date of Date of Arrest Bail Disposition Age Sex Parentage Nativity Court 17 F. German U. S. 10-31-21 11-2-21 Women's Court Name: Tessie Krupp. Charge: Incorrigible girlVio. Chap. 436, L. 1903 Offense: Left home without permission of her parents. Previous Offense: No. Address: East 100th St. Occupation: None. Children's Court: 1-22-18 -Disorderly child. Committed to the Jewish Protectory 2-13-18 by Judge Mayo. Disposition: Sentenced to the House of Good Shepherd. Case History: Girl arraigned in Women's Court 10-31-21 on the complaint of her mother as an incorrigible girl. Brought there from Waverly House where she had been detained. Pleaded not guilty, but was convicted. No probation investigation was made as she is well known to the Hebrew Guardian Society being an old Cedar Knolls case. She has run away from home three times before. Upon one occasion she went to Detroit. Upon her return was found to be so badly diseased that she was sent immediately to the Kingston Ave. Hospital. Hebrew Guardian Society gives the following report. Girl was first known to them 2-4-18, when she was committed to the Cedar Knolls School as a disorderly child, having been away from home for over a month and having admitted that she was a bad girl. Paroled from Cedar Knolls School 7-23-20 in the custody of her mother, her father having died of cancer. Changed her position continuously. Left home again 1-12-21. Whereabouts unknown for 3 months when telegram from Travelers' Aid Society of Detroit, Mich. advised mother that girl was being held as she had been brought to the city by a woman who was charged with bringing her there for immoral purposes. Girl returned to New York 5-11-21. Sent immediately to Kingston Ave. Hospital. Discharged from hospital 7-15-21. Permitted to remain with a married brother. Started work 10-1-21, disappeared 10-7-21 to 10-19-21, when she was taken to Waverly House for observation and examination. Charged with being away from home without permission; having numerous men callers in the absence of her sister-in-law; remaining out until 2 and 3 in the morning. Psychiatrist at Waverly House, reports that she is a dull normal case, suffering from nervous instability which interferes with her adaptation to her family at least, and probably to others. Sentenced to the House of Good Shepherd. 40 No. 3 Date of Date of Age Sex Parentage Nativity Arrest Bail Disposition Court 16 M. Italian U. S. 10-7-21 No 10-24-21 Special Sessions Name: Salvatore Grasso. Charge: Assault and impairing morals. Offense: Sex offense against step sister. Previous Offense: Address: Oliver St. Occupation: Helper on truck. Children's Court: Disposition: Sentence suspended. Probation. Case History: This defendant was arrested by an officer of the S. P. C. C. on the complaint of his parents, charged with assault and impairing the morals of his stepsister, 10 years old. He admitted a sex offence on three or four previous occasions. In the Magistrates' Court he pleaded guilty and was remanded to prison in default of $200. bail. In the Court of Special Sessions he pleaded guilty and an investigation was ordered. Fifteen days after arrest sentence was suspended and he was placed on probation. The report of the probation officer showed that he was living with his father, stepmother, two younger brothers and one younger stepsister in a very poor, dirty, three-room apartment. The defendant was born in this country of foreign parents and attended public school up to 14 months ago when he ran away and joined the navy. He was discharged as undesirable from the navy after 7 months service. Since his discharge he has worked about one month as a helper on a truck and had been idle three months. He seemed willing to live off his parents, both of whom work hard and are very poor. He had no previous record at the fingerprint bureau. He had nothing to say in self defense, but assured the probation officer he would behave himself in the future. He was a rather small, nervous boy of very poor education and no special training for any kind of work. 41 No. 14 Date of Date of Age Sex Parentage Nativity Arrest Bail Disposition Court 18 F. Italian U. S. 10-7-21 $100 11-4-21 Special given Sessions Name: Concetta Napolitani. Charge: Petit larceny. Offense: Shoplifting. Previous Offense: No. Address: Westchester Co. Occupation: Clerk. Children's Court: No. Disposition: Probation. Suspended sentence. Case History: This defendant was arrested in a large department store, having in her possession a string of beads which she had not paid for valued at $5.19. In the Women's Court she pleaded guilty and was released the same day on $100. bail. In the Court of Special Sessions she pleaded guilty and was paroled for probation investigation. Nineteen days after arrest sentence was suspended and she was placed on probation. The probation officer's report shows that she was born in New York City of Italian parents and that she lived with her mother, married sister, brotherin-law and his small child. The father is at present ill in Italy where he went two years ago. No school record was ascertained, but she had a very good work record as a clerk earning $18. per week. This firm agreed to continue employing her if she was placed on probation. In self defense she stated she must have been "crazy" to take the beads and she was very sbrry fbr her 6ffense. 42 No. 52 Date of Date of Age Sex Parentage Nativity Arrest Bail Disposition Court 17 F. U. S. U. S. 10-27-21 - 10-31-21 Women's Court Name: Helen Leonard. Charge: Incorrigible girl. Vio. Chap. 436, L. 1903. Offense: Left home without permission of her parents and remained away for two weeks. Previous Offense: No. Address: West End Ave. Occupation: Telephone operator. Children's Court: No. Disposition: Six months' probation - to remain at Florence Crittenton Home for treatment of venereal disease. Case History: Father brought girl to the Women's Court; made complaint against her of Incorrigibility. 10-27-21. Adjourned to 10-29-21. Girl detained at Florence Crittenton Home. Worker from Charity Organization Society, to whom case was known, and probation officer, gave the following report. Girl is single, has three brothers and one sister living. Educated parochial school to 8-A at 15. Has worked for a telephone co., earning $19.50 a week. Broke down under nervous strain. Worked at hotel as switchboard operator 2 months, $18. a week. Left because of illness. Could not stand the strain of her father's strict rules. Left home Oct. 12. Took a furnished room in West 34th St. Was trying to get work when father came to the room and brought her to Court. Worker visited home which consists of 3 dark, dirty rooms, ground floor, in the rear of a tenement in a very poor neighborhood. Girl's mother says that she is not bad, but objects to her not working. Realizes that home is a very poor one, but seems unconcerned. Doesn't want girl committed. No previous record. Board of Health reports she is suffering from venereal disease. Placed on six months probation to remain at the Florence Crittenton Home in order to receive treatment. Social Service Exchange reports family known to C. O. S. Hudson District; 36th Police Precinct 2-1-15; N. Y. Diet Kitchen, Villard Branch, 8-14-19; Travelers' Aid Society, 10-19-21; St. Vincent de Paul Society, 9-13-21. 43 No. 27 Date of Date of Age Sex Parentage Nativity Arrest Bail Disposition Court 18 M. U. S. U. S. 10-25-21 Prison 11-4-21 Special Sessions Name: Joseph Boyd. Charge: Petit Larceny Offense: Stealing crate of grapes from railroad yard. Previous Offense: 4-19-20 disorderly c o n d u c t, Magistrates' Court. Probation six months. Address: West 30th St. Occupation: Errand boy. Children's Court: Disposition: New York City Reformatory. Case History: This defendant was arrested with one other when apprehended carrying a crate of grapes out of the freight yard of the N. Y. Central R. R. In the Magistrates' Court he pleaded not guilty and was confined in the City Prison, failing to furnish $200. bail. In the Court of Special Sessions he pleaded not guilty, was tried and convicted of petit larceny. Ten days after arrest he was sentenced to the New York City Reformatory. Investigation by the probation officer showed that he was born in New York City and lived at present with an older brother, two younger brothers and a married sister. The father and mother are both dead. No educational record was ascertained, but his work record showed that he worked for periods of four months, two months and three weeks as an errand boy in different stores. In one place he was discharged for losing a package, the others he left of his own accord. His married sister stated that he was idle and went with a very bad gang in the neighborhood. One older brother who belonged to this same gang is now serving a sentence of 2-/2 years in Sing Sing for assault. A year ago this youth had been placed on probation in the Magistrates' Court after being convicted of disorderly conduct (fighting). He was discharged from probation with no improvement. He had nothing to say in self defense except that he was sorry he had been caught. 44 No. 44 Date of Date of Age Sex Parentage Nativity Arrest Bail Disposition Court 17 F. Polish Poland 10-24-21 - 10-28-21 Women's Court Name: Ruth Beck. Charge: Incorrigible girlVio. Chap. 436, L. 1903. Offense: Remained away from home without permission. Address: Avenue C. Occupation: Factory hand. Children's Court: No. Previous Offense: No. Disposition: formatory. Bedford Re Case History: Girl arrested by police woman at home at the request of her father. Taken to the Women's Court. Her father made complaint. She pleaded guilty. Paroled to Florence Crittenton Home until 10-28-21 when the probation dept. and the Jewish Guardian Society court worker made the following report. There are 2 younger, 6 older children, living with parents. Girl is single, born in Poland. Left school at the age of 10 in Warsaw. Came to New York early in 1920 with her mother and two younger sisters, the father and brothers having come 9 years previously. Since she has been in the United States she has worked for a firm on Lafeyette Ave., making powder puffs for $10. a week for five months,_ and has worked several other places for a week or so at a time. Worker visited home. Mother stated that the girl had run away three times before and refused to tell where she had been. Frequently she stays away from home; has threatened to kill her mother. Neighbors speak very badly of her. When she was arraigned in court her hair was cut off short like a boy. She told an imaginary story of her father having cut it off after giving her some sleeping powder to take. Father admitted having cut her hair saying it was necessary in order to keep her at home. She admits having had intercourse on numerous occasions before coming to this country but declares that she has not done so since, although her mother maintains that she is going with a married man. She is suffering with venereal disease. Committed to Bedford Reformatory. Social Service Exchange reports family known to the Council of Jewish Women, 7-28-21. 45 No. 48 Age Sex Parentage Nativity 17. F. Italian Italy Date of Date of Arrest Bail Disposition Court 10-10-21 $200 11-14-21 Special given Sessions Name: Carmella Bucci Charge: Petit larceny. Offense: Shoplifting Previous Offense: None Address: West 12th St. Occupation: None Children's Court: None Disposition: $50. or 10 days -paid fine. Case History: Probation investigation showed girl born in Italy. In U. S. only since 3-25-21. In good physical condition, unmarried, living with brother and three sisters in a very good six-room apartment. Earns $8. or $9. a week doing bead work at home. At time of arrest made a big fuss, but gave no excuse for stealing. Fined $50. 46 No. 7 Date of Date of Arrest Bail Disposition Court Age Sex Parentage Nativity 17 F. Russian U. S. 5-2-21 No 6-18-21 General Sessions Name: Minnie Klipstein Charge: Robbery 1st degree Offense: 5-1-21 2.00 A. M. with co-def. robbed comp. at point of pistol, of $171. in hallway Previous Offense: Address: 3rd Ave. Occupation: Model Children's Court: 1918 Complainant in Rape Case. Disposition: 6-18-21-Bedford Reformatory. Case History: This defendant was arrested on the street in company with a man, both of whom were charged with holding up a stranger in a hallway. In the Magistrates' Court they pleaded guilty. They were indicted for robbery in the first degree and pleaded not guilty to robbery in the third degree of which they were later convicted. The defendant was sent to Bedford Reformatory 48 days after arrest and the co-defendant to state's prison for 5 to 10 years The probation officer's report showed that the defendant had lived with her patents, who are hard-working, self-respecting people, until 3 months before arrest, when she disappeared. Her parents did not know her whereabouts until she was arrested. She had finished the 8th grade in public school and done especially good work as a needle worker. In self-defense she stated that she had fallen so deeply in love with the co-defendant that she did anything he asked, although he deserted his wife and daughter and sent the defendant out on the street to lure men into hallways so that he could rob them. She admitted excessive prostitution and other immoral practices during the last three months and has been treated for venereal disease since her confinement in the city prison. In 1918 she left home for two months and lived with an Italian man as his wife until found by the S. P. C. C. The Psychiatrist of the N. Y. Probation & Protective Society, stated that this defendant "is sub-normal mentally, nervously unstable, and of over-suggestability." 47 No. 35 Date of Date of Age Sex Parentage Nativity Arrest Bail Disposition Court 17 F. Scotch U. S. 10-21-21 10-25-21 Women's Court Name: Margaret Robertson Address: Lexington Ave. Charge: IncorrigibilityChapt. 436, L. 1903 Occupation: factory Packer in a Offense: Found in company with a known criminal Previous Offense: No Children's Court: 5-20-20 -ungovernable child. Probation revoked 7-10-20. Committed to St. Germaine's Home 9-15-20 by Judge Collins Disposition: Six months probation-on good behavior-keep good hourskeep away from bad company-work and report as directed. Case History: This girl was arrested at 11 P. M. 10-21-21 at Riverside Drive and 102nd Street in company with a girl, age 19, wanted for grand larceny. Taken to 100th Street station house, from there to Florence Crittenton Home at 2 A. M. The following day she pleaded guilty. The case was adjourned to 10-25 for investigation and examination. Held at Florence Crittenton Home, of whose treatment girl speaks very highly. Probation investigation shows girl is single, born in New York, has one brother 24, and a sister 25, living at home. Both parents living. She attended parochial school to 7-B at 15. Has worked for a perfume company, on Barrow St., New York, for 5 months at $12. a week, and for a manufacturing company, 17th St., at $15. a week; and for a company on 18th St.., as a machine operator, 3 months, at $15. a week. She admitted having been in St. Germaine's Home. The girl said she met co-defendant at a skating rink, but knew nothing of her character. She admitted having had relations numerous times before with men furnished by this girl at a rooming house in 18th St. She received $5. each time. This girl has also acted as procurist for others. Probation worker visited home. Family live in 6 rooms, good home, fair neighborhood. Family complain of girl keeping bad company. Worker also visited S. P. C. C. and probation officer from Children's Court gave verbal report at girl's trial saying that she had been very troublesome on probation and was a very bad girl. She is not suffering from any venereal disease. Placed on 6 months probation. 48 No. 8 Date of Date of Age Sex Parentage Nativity Arrest Bail Disposition Court 17 M. Irish U. S. 5-25-21 No 6-10-21 General Sessions Name: Patrick Maloney Address: E. 77th St. Charge: Burglary, 3rd degree Occupation: helper Mechanic's Offense: Entered kitchen and apartment of complainant, took cash and jewelry $70. in day time Previous Offense: None Children's Court: Disposition: 6-10-21. pended sentence. bation one year. SusPro Case History: This defendant was arrested when he attempted to pawn some jewelry stolen from an apartment. In both Magistrates' and General Sessions he admitted his guilt. The probation officer's report stated that he was living with his mother and helping support her. The father, a worthless man, was not living home. This young man left public school 8th grade at the age of 15. He worked for short periods with four different companies as a laborer with a fairly good record. At the age of 12 he had been committed to the Catholic Protectory as a dependent child but he had no other court record. He had known the complainants and secured the keys to the apartment on a visit prior to the crime. He had no excuse for his act except that he wanted money. His sentence was suspended 15 days after arrest and he was placed on probation for one year. 49 No. 48 Date of Date of Age Sex Parentage Nativity Arrest Bail Disposition Court 18 F. German U. S. 10-28-21 10-31-21 Women's Court Name: Sarah Bamberger Charge: Incor.-Vio. Chap. 436, L. 1903 Offense: Struck her mother -stays out late at night without permission of parents Address: Montgomery St. Occupation: Factory hand Children's Court: No Previous Offense: No Disposition: probation Six months Case History: Girl arrested at home at the request of her mother by police woman. Brought to Women's Court. Her mother made the complaint. 10-28-21 the girl pleaded not guilty but was convicted and detained at the Florence Crittenton Home until 10-31-21 for examination and investigation. Probation investigation showed that she has two brothers and a younger sister. She is single, educated in P. S. to 7-B at 15. Has worked on 33d St., at $15. a week for two years, and for a candy factory, as a packer for six months, at $12. a week (unverified). Has been unable to get any work for several months. Worker visited home, which is in good Jewish neighborhood. Consists of 6 clean and comfortable rooms. Mother is now willing to take girl home. Wanted to frighten her into behaving. Board of Health reports she is not suffering from venereal disease. Placed on 6 months probation. Social Service Exchange reports family known to Big Sisters 2-25-19; to the Family Court, 10-2-20. 50 No. 16 Date of Date of Age Sex Parentage Nativity Arrest Bail Disposition Court 16 M. Italian U. S. 5-18-21 No 6-20-21 General Sessions Name: Louis Lasca Charge: Burglary 3rd degree Offense: Entered store by shaftway. Took guitar, violin, cigars, etc. ($75.). Night time Previous Offense: Address: Third Ave. Occupation: Bus boy Children's Court: 4-18-19 Petit Larceny-Probation. 4-1-20 Petit Larceny-Catholic Protectory and Probation 3 months Disposition: 6-20-21 N. Y. City Reformatory. Case History: This defendant was arrested with one other while attempting to pawn some musical instruments which had been stolen the previous night. He pleaded not guilty in the Magistrates' Court, but guilty of burglary in the third degree in General Sessions. Thirty-three days after arrest he was sentenced to the N. Y. City Reformatory. No investigation of a probation officer was filed in this case. The investigator of this Committee found that the defendant had been living with his parents, but had never finished public school. 4-18-19 before Children's Court, charge petit larceny. Placed on Probation to 1-30-20 by Judge Levy. 4-1-20 before Children's Court again on charge of petit larceny. Remanded to Catholic Protectory to 6-30-20, then on probation to 9-20-20 by Judge Levy. Talked with probation officer who had boy in Children's Court on probation after Catholic Protectory. Said he had been good and gave no trouble on probation. Said he has seen boy several times since discharged from probation and understood he was keeping a barber shop on 86th St. for his brother. Gave age in court as 19 years. 51 No. 32 Date of Date of Age Sex Parentage Nativity Arrest Bail Disposition Court 18 F. U. S. U. S. 10-20-21 10-27-21 Women's Court Name: Kate Malone Charge: Incorrigible GirlVio. Chap. 436, L. 1903 Offense: Associating with a known prostitute. Leaving home without parents' consent Previous Offense: No Address: Carlton Street, Brooklyn (home address Philadelphia) Occupation: Usher in a theatre, or factory hand Children's Court: No Disposition: House of Good Shepherd Case History: Girl arrested 10-20-21 at 12:10 A. M. at 83d St. & Columbus Ave. about to enter a taxicab in company with a known prostitute. Taken by police woman to 86th St. station house, then to Florence Crittenton Home. The following day pleaded guilty in Women's Court. Adjourned to 10-23 for investigation and examination. Two further adjournments necessary. 10 -24, 10-25, 10-27, in an effort to verify girl's statement and communicate with her parents. Girl told C. C. C. investigator in Women's Court detention room that she had lived in Philadelphia until two months ago, when she came to New York with a friend to search for her husband. This friend left her alone after a few days and she wandered around in the city, finally picking up co-defendant in Palisades Park although she knew nothing about her. Girl said she was very glad that she was arrested as she did not know the danger she was in. She was very anxious to return to Philadelphia if communications with her parents could be established. Probation investigation in addition to above information showed girl educated in parochial and public school to 6-B at 13. Both parents living, 2 older sisters, one older brother; all contributing to the family. Girl married 6 months ago. Separated from her husband because he was jealous. He came to New York and she followed him. He has been in the navy for 3 years. She met him in Jany. 1921. Married him 4 months later. They lived in a furnished room for a short time and then separated. Physically and mentally she appears normal. After repeated fruitless efforts on the part of the probation office to communicate with any relatives, girl committed to the House of Good Shepherd with the understanding that the case would be reopened if relatives could be located. 52 No. 17 Date of Date of Age Sex Parentage Nativity Arrest Bail Disposition Court 18 M. Italian U. S. 5-27-21 No 6-14-21 General Sessions Name: Carlo Continelli Charge: Burglary 3rd degree Offense: 5-27-21-nightRemained in office, broke desk, took $16. Previous Offense: Address: Bleecker St. Occupation: Clerk Children's Court: Disposition: 6-14-21. Sentence suspended. Probation 5 yrs. Case History: This defendant remained in the office of his employer after hours, broke open the desk, took $16., and was arrested in the same building shortly afterwards. He pleaded not guilty in the Magistrates' Court but guilty in General Sessions after the Court showed leniency in allowing him to plead to unlawful entry. Later at the request of the District Attorney, this plea was withdrawn and he pleaded guilty to burglary in the third degree. Eighteen days after arrest sentence was suspended and he was placed on probation for 5 years. The probation officer's report showed that he lived with his parents in a poor home and neighborhood. He had left public school in the 7th grade at the age of 15. His work record showed that he had been discharged from one position on account of tardiness, from another on account of slack time, and that he had been idle four months. He had worked for the complainant only three days. In self defense he stated that he had been out of money so long that his parents had refused to give him any more. 53 No. 30 Date of Date of Age Sex Parentage Nativity Arrest Bail Disposition Court 17 F. German U. S. 10-17-21 10-19-21 Women's Court Name: Julia Lichtenstein Charge: IncorrigibilityVio. Chap. 436, L. 1903 Offense: Remained away from home until late at night on numerous occasions. Believed to be assoc. with persons of vicious & dissolute character. In danger of becoming morally depraved Previous Offense: No Address: East 118th St. Occupation: Floor girl Children's Court: No Disposition: Discharged Case History: Girl arrested at home 10-17-21 by police woman at request of mother. Brought to Women's Court with mother, who made complaint. Girl convicted and held until 10-19-21 for investigation and examination at Florence Crittenton Home. Probation department gave following information. Girl born in New York, single, father dead, one brother, age 12; sisters aged 10, 14, 18, 20 & 22. Educated P. S. 159 to the age of 15. Has worked for a dressmaking co., as floor girl at $12. a week for 4 months; for a letter co., West 38th St., as multigrapher, 7 months, $11. a week; floor girl in a dress co., 2 weeks, $12. a week. Left there July, 1921 and has not worked since. Worker visited home. Found family living in 6 rooms, mother a widow, works 3 days a week; 2 girls working, rent 2 rooms. House dark and untidy, but in a good neighborhood, mother ill; says girl has been keeping bad company and has never been bad until recently. She is willing to take girl back home, but wanted to scare her. Jewish Guardian Society worker in court gave verbal report. Board of Health shows no venereal disease. Girl has never been immoral. No previous record. Discharged to mother with probationary oversight of Jewish Guardian Society. Social Service Exchange reports family known to United Hebrew Charities; Diet Kitchen, Gibbons Branch, 2-5-15; Julia Richmond High School, 3-1-17; Jewish Big Sisters, 5-7-19. 54 No. 18 Date of Date of Age Sex Parentage Nativity Arrest Bail Disposition Court 17 M. Russian Russia 5-17-21 $1000 6-17-21 General Sessions Name: Abe Goldstein Charge: Burglary 3rd degree Offense: Entered store by fanlight, took 63 skirts ($700.) night time Previous Offense: Address: Madison St. Occupation: Salesman Children's Court: Disposition: Sentence suspended, probation 5 yrs. Case History: This defendant left the transom door open in the office where he worked, returned and stole 63 silk skirts, confessed and restored the property when he was accused. In the Magistrates' Court he pleaded not guilty, but in General Sessions by the leniency of the judge he was allowed to plead guilty to unlawful entry. This plea was later withdrawn and he pleaded guilty to burglary in the third degree. Thirty-one days after arrest sentence was suspended and he was placed on probation for 5 years. The probation officer's report showed that he had been living with and largely supporting his parents. He had been working steadily and with good report the last year and a half. Two character witnesses testified to his industry and honesty. In self defense he stated that he was out of money and wished to make some present to the girl in whose house the stolen goods were found. 55 No. 29 Date of Date of Age Sex Parentage Nativity Arrest Bail Disposition Court 16 F. Negro U. S. 10-15-21 - 10-20-21 Women's Court Name: Mabel Thompson Address: West 41st St. Charge: Vagrancy - Vio. Occupation: Factory workSec. 1 5 0 Tenement er or laundress House Law subdiv. 3 Offense: Offered to com- Children's Court: No mit prostitution for the sum of $1. Previous Offense: No Disposition: Bedford Reformatory Case History: Girl arrested in a basement on West 37th St. 12:30 A. M. 10-15-21 for offering to commit prostitution with an unknown man for the sum of $1. Taken to the 30th St. Precinct, from there to Welfare Island. Arraigned in Women's Court the following day. Pleaded not guilty. Requested adjournment to 10-18, when she was convicted and held until 10-20 for examination and investigation. Probation investigation gave the following information. Born in N. Y. City. Single. Educated in public school to 6-B at 14. Her story is that her mother, who was a white woman (unverified) died when the girl was 7 years old. Her father later remarried a colored woman, who was very good to her. She once stole $28. from her stepmother. Went South remaining with her grandmother for 3 years. Then wrote to her father for money to come home, which he sent her. She promised to behave. Her father says she is very troublesome. Steals everything from her family that she can lay her hands on. Grandmother is not in the South, but is in a hospital dying of cancer. She has only worked once in her life in a cheap hotel in West 28th St., earning $8. a week. She is a confirmed liar, very lazy; mixes with men and women of the worst type. She admits having had sexual relations numerous times during the past 6 months. Says she was first seduced by a man employed by her father (father doubts this). Although at one time her parents were willing to take her home they refuse to do so now fearing she will rob them of everything they have. Fingerprint Bureau reports no previous offense. Found suffering with venereal disease. Sentenced to Bedford Reformatory. 56 No. 21 Date of Date of Age Sex Parentage Nativity Arrest Bail Disposition Court 16 M. German U. S. 4-28-21 12-8-21 General Sessions Name: Benjamin Levy Address: West 55th St. Charge: Burglary, 3rd de- Occupation: gree Offense: Broke lock on cel- Children's Court: (see reclar door, took clothing ord below) valued at $7000. Previous Offense: Disposition: Discharged 12 -8-21 Case History: CHILDREN'S COURT RECORD: There are two parallel cases against him. On the first one he was arraigned Sept. 2, 1919 on a charge of larceny, to which he pleaded guilty. He was placed on probation. On March 26, 1920 he was remanded to the Catholic Protectory until Sept. 30, 1920 for violation of probation. On Sept. 3, 1920 he escaped from the Catholic Protectory and a bench warrant was issued for him. This warrant was executed Sept. 24, 1920 (2nd case), when he was arrested on a charge of burglary, to which he pleaded not guilty. He was remanded to the Children's Society until Oct. 1, 1920 on $1000. bail. After several adjournments he escaped from the Children's Society and a bench warrant was issued which was returned Nov. 26, 1920, when he was remanded to Dec. 3, 1920 for doctor's examination. The doctor's examination reports that he is normal physically and slightly above borderline mentally, although an accident in which his skull was fractured about 4 years before the examination may have affected him so that he acts strangely at times. On Dec. 20, 1920 he was paroled and after 11 probation hearings, a bench warrant was issued from this court. On Sept. 17, 1921 he was arrested and taken before General Sessions on a charge of suspected burglary. This bench warrant was executed upon his acquittal by General Sessions and he was once more placed on probation in the Children's Court. Probation officer says he has a very nice family who have done everything they can for him and that he seems to try to make good. His school record is good. Talked with one of the Children's Court Judges about the case. He feels that the boy has criminal tendencies which will eventually get him into trouble. He thinks this may be due to his accident of four years ago. He thinks that the boy is a very crafty fellow and has succeeded in eluding conviction by his cleverness. At the time of boy's recent arraignment before General Sessions, this Judge and the district attorney arranged to send him to the House of Refuge from the Children's Court, feeling that this would be better than having him sent to Elmira or Sing Sing by General Sessions, but boy refused saying he would rather fight it out in General Sessions, where he was acquitted. 57 No. 26 Date of Date of Age Sex Parentage Nativity Arrest Bail Disposition Court 17 M. U. S. U. S. 5-28-21 No 6-17-21 General Sessions Name: Harry Valentine Address: Va. Newport News, Charge: gree Burglary, 3rd de Offense: Forced door in night time, took merchandise (value $500.) caught on premises Previous Offense: Occupation: Porter Children's Court: Dispensation: 6-17-21 Sentence suspended. Probation 5 yrs. Case History: This defendant was arrested in a drygoods house where he had prepared two bundles of cloth to carry away, valued at $500. In the Magistrates' Court he pleaded not guilty and was held in default of $1500. bail. In General Sessions Court he pleaded guilty. The Catholic probation officer's report showed that he had not been employed for the last 8 months but previous to that he had held 5 different positions as elevator boy and had good work records in three of these. His father and mother are both dead and he had lived in Newport News, Va. He had lived there until two years ago. He claimed that he had been sick for three months but had had no medical attention. He also stated that he had gone to the place in which he was arrested at 4:30 P. M. looking for work, that he had stayed behind when the building was locked and remained all night in the office. He never intended robbery but the sight of so much merchandise made him attempt to steal some of it. 20 days after arrest he was given a suspended sentence and placed on probation to report once a week for five years. 58 No. 25 Date of Date of Age Sex Parentage Nativity Arrest Bail Dfsposition Court 17 F. Scotch U. S. 10-10-21 10-21-21 Women's Court Name: Katherine MacDonald Charge: Incorrigible girl Offense: Associating with vile and dissolute persons-in danger of becoming morally depraved Previous Offense: No Address: East 105th St. Occupation: None Children's Court: Disposition: Bellevue for observation. Committed to Newark State School for Mental Defectives. Discharged in Women's Court Case History: Girl arrested at home by plain clothes detective at request of father. Brought to Women's Court. Her father made the complaint of incorrigibility. Girl pleaded guilty to this charge. From her strange actions and the testimony of her father that she frequently left home for no apparent reason, smiles and laughs foolishly, becomes hysterical, tears her clothing, and has been treated from time to time for mental disorder, an additional charge of insanity was made at the request of the presiding judge. She was therefore committed to Bellevue Hospital for 10 days for observation and further investigation. 10-19-21 Bellevue reported girl found to be feebleminded. Application for commitment to Newark State School for Mental Defectives had been filed. Meanwhile she is being held at Bellevue awaiting commitment. Therefore case discharged from Women's Court 10-21-21. 59 No. 28 Date of Date of Age Sex Parentage Nativity Arrest Bail Disposition Court 18 M. German U. S. 5-29-21 $3000 8-22-21 General Sessions Name: Heinie Lange Charge: (2 cases) Burglary 3rd degree Offense: 4-23-21 night time. $2000. of merchandise from outfitter's store. 5-14-21 n i g h t time. $2000. of goods from drug store Address: East 110th St. Occupation: Laborer Children's Court: (see reccord below) Previous Offense: Disposition: formatory Elmira Re Case History: CHILDREN'S COURT RECORD: March 7,1918, petit larceny. Placed on probation. April 17, 1918, larceny of war savings stamps valued at $47. Probation continued. Aug. 7. 1918, remanded to the Children's Village until Sept. 3, 1918 when sentence was suspended. The same day a new charge of larceny was made when he was sent to the Jewish Protectory, from which he escaped and was sent to the House of Refuge. Probation investigation shows that his mother has been married three times; was separated from her third husband. The home is a very poor one, the moral conditions are very bad, the neighborhood is very bad. The probation record is very short as he has spent most of his time in institutions. He attended Public School to 7-B where he had a very good record. 60 No. 19 Date of Date of Age Sex Parentage Nativity Arrest Bail Disposition Court 18 F. Negro Danish 10-10-21 - 10-14-21 Women's West Indies Court Name: Cornelia Leslie Charge: Vagrancy - Vio. Tenement House Law, Sec. 150, Subd. 3 Offense: Offered to commit prostitution for the sum of $3. Previous Offense: No Address: West 140th St. Occupation: Children's Court: 3-19-19 -Improper guardianship. Committed to the House of Good Shepherd Disposition: Bedford Reformatory Case History: Arrested at premises in West 149th St., at 11:30 P. M. 10-10-21. Sent to Welfare Island. Following day pleaded guilty with two co-defendants, ages 23 and 34, without counsel. Held at Welfare Island for investigation and examination until 10-14-21, when the probation department gave the following report. Girl was born in the Danish West Indies. She has been in New York 6 years. Educated in Public School to 7-B at the age of 15. Parents died when she was very young. Has no relatives except an aunt who made complaint against her 3-19-19 in the Children's Court at which time she was committed to the House of Good Shepherd. Upon leaving the House of Good Shepherd she was placed out in a family in Yonkers. She ran away from there and her whereabouts were unknown until the House of Good Shepherd was notified of her arrest here on Oct. 10. Mentally she appears to be subnormal. Her physical condition is good. She corroborated officer's story, but maintained that the woman with whom she lived has frequent men callers and she does not see why she was not arrested too. (Woman was out at time of girl's arrest). Girl has not worked since leaving the family in Yonkers, but has been attracted to the vilest kind of a life for which perhaps her mental condition may be held responsible. She lives rent free with woman mentioned above. It is undoubtedly a disorderly house where girl was kept for purposes of prostitution. She says she has at several times attempted to find her aunt, who moves about frequently, but has never been able to learn her whereabouts. The Fingerprint Bureau reported no previous record, Board of Health reports no venereal. Committed to Bedford 10-14-21. 61 No. 33 Date of Date of Age Sex Parentage Nativity Arrest Bail Disposition Court 18 M. Russian U. S. 5-26-21 No 6-27-21 General Sessions Name: Joseph Rapaport Charge: Burglary, 3rd degree (2 cases) Offense: 5-13 night-broke window dry goods store, took woolens $500. with two others. 5-25 $1000. clothing store Previous Offense: 1919. G. S. Burglary, sentenced to Elmira. 1920. G. S. Burglary, sentence suspended Address: Springfield, Mass. Occupation: Children's Court: Disposition: 6-27-21. State's Prison-5 yrs. Case History: This defendant with one other broke a window, entered a drygoods store and took woolen cloth valued at $500. He pleaded guilty in the Magistrates' Court and in General Sessions Court to burglary in the third degree. At the time of arraignment in General Sessions the judge assigned counsel from the Voluntary Defenders Committee. Eighteen days after arrest he was sentenced to State's Prison for five years. The police officer's record showed that he had been convicted of burglary in 1919 and in 1920 receiving one suspended sentence and one commitment to Elmira Reformatory. Because of this previous record no investigation was made by the probation officer. The defendant stated that he had been driven to commit the offense because he could find no work and the probation officer had "hounded" him wherever he went. 62 No. 18 Date of 'Date of Age Sex Parentage Nativity Arrest Bail Disposition Court 17 F. Russian U. S. 10-10-21 - 10-14-21 Women's Court Name: Clara Hartman Address: East 20th St. Charge: Incorrigibility Occupation: Factory hand Offense: Associating with Children's Court: No vicious and dissolute persons. Stayed away one week without permission and failed to account for her absence Previous Offense: No Disposition: Bedford Reformatory Case History: '-, Girl gave herself up at 37th St. station house 10-10-21, taken to Florence Crittenton Home over night. Father made the complaint in the Women's Court 10-11-21. Girl pleaded guilty. Was taken to Waverly House, where mental examination was made and the following report given. Mental age 7.11 I.Q.49, basic yr. 6, pretty, pleasant, co-operative girl, low grade, mental defective, poor memory, low reasoning power, resentful because her sister has more privileges than she has. Her parents' harsh treatment arouses her resentment and self pity. Emotionally She is unstable and easily frightened. Her one ambition is to marry. The Probation Dept. gave the following information: Both parents are living. Girl attended public school in the ungraded class to 15-Y2 yrs. In her childhood a school teacher hit her on the head with a ruler and at that time the doctor said she had been so badly injured it might affect her mind. Her parents beat her and call her bad names. She has done factory work in a number of places for very short periods. She had a boy friend, who last August wanted to marry her, but her parents refused. Sept. 23, her father beat-her and abused her so that she left home and went to live with him at W. 36th St. in a furnished room. They went to Brooklyn to get married where a license was refused because they had no birth certificates. Boy's mother discovered their whereabouts and urged girl to give herself up or she would have boy arrested. Girl therefore went to 37th St station house and surrendered herself. Her father had boy arrested. Family live in six dirty dark rooms in a very poor neighborhood. The weekly income is $15. to $35. The father is blind, the mother is very sick Father says that the girl stays out very late at night, that he never beat her, but frequently made her stay all night in the hall for punishment. She left home 12 days ago with a man and they refused to take her back. Board of Health reported no venereal disease, therefore committed to Bedford. Social Service Exchange reports family known to United Hebrew Charities; N. Y. Association for the Blind, 624-14; Dept of Pub. Charities, Gramercy Dist., 10-4-16; and Henry St. Settlement. 63 No. 32 Age Sex Parentage Nativity Date of Date of Arrest Bail Disposition Court 18 F. Russian Russia S-21-21 $2000 6-16-21 General Sessions Name: Catharine Blatsky Address: Charge: Grand Larceny, 2nd degree Offense: 5-21-20 took dress ($49.50) from Gimbel Bros., arrested just outside store Previous Offense: Occupation: House work Children's Court: Disposition: pended. years. Sentence susProbation 2 Case History: This defendant was arrested while carrying away a dress from a large department store. She had not paid for the dress although she had $500. in her possession. She pleaded not guilty in the Magistrates' Court and was released on $2,000. bail furnished by her husband. In General Sessions Court she pleaded guilty to attempted grand larceny in the second degree and 26 days after arrest sentence was suspended. She was placed on probation for two years. The probation officer's record showed that she was born in Russia, had been in this country 7 years, attending public school and a business college for one year. She had been married two years and lived at home in Chicago until one month previous to arrest. At that time she had gone to Boston with her husband to visit relatives. One day previous to arrest they came to New York intending to start in the restaurant business. They stayed in a well known hotel. In self defense she stated that she really did not like the dress very much but had-taken it just. on the impulse of the moment. She had no previous court record. 64 No. 5 Date of Date of Age- Sex Parentage Nativity Arrest Bail Disposition Court 17 F. U. S. U. S. 10-4-21 10-5-21 Women's Court Name: Mary Thompson Charge: Vio. Chap. 436, Laws 1903, Incorrigibility Offense: men Familiarity with Address: West 45th St. Occupation: House work Children's Court: 7-30-19, age 15. Improper guardianship. Discharged. 7 -2-20, Judge Collins Disposition: Committed to.the House of Good Shepherd Previous Offense: No Case History: Girl arrested at Elizabeth Home of Girls Protective League where she was being detained at the request of her mother. Brought to Women's Court 10-4-21. Her mother made complaint of incorrigibility. Following day girl pleaded not guilty, but was convicted and committed to the House of Good Shepherd. No probation report as she was well known to the Girls' Protective League, who gave full verbal report at the trial. Girl was reported to them because of suspected immorality of herself and her mother. She was detained at Waverly House, where she admitted having had numerous sex experiences. She is familiar with all men with whom she comes in contact. For this reason cannot keep any work. No other children in the family. Mother a widow of questionable character. They have no home. Live in furnished rooms, constantly changing their address. Mother and girl unable to agree. Mother employed at a hotel where she seems well thought of. Children's Court shows record for inproper guardianship. Girl committed to the House of Good Shepherd. Social Service Exchange reports family known to N. Y. Prob. & Protective Ass'n 3-18-21; Strikers Loan Community Centre, 12-27-20. 65 No. 46 Date of Date of Age Sex Parentage Nativity Arrest Bail Disposition Court 18 M. Irish U. S. 6-5-21 $1500 6-21-21 General Sessions Name: John McCrory Charge: Burglary, 3rd degree Offense: 6-5-21 night, forced cellar door; took cigar store money ($32.) caught while leaving building Address: 2nd Ave. Occupation: Laborer Children's Court: Petit Larceny. lic Protectory 1918. Catho Previous Offense: 1919. Petit Larceny, Special Sessions-Sentence suspended. 1920. Unlawful entry. General Sessions. N. Y. City Reformatory Disposition: itentiary 6-21-21-Pen Case History: This defendant forced the trap door of a cigar store, took money and cigars valued at $32. but was caught while leaving the building when the burglar alarm went off. He pleaded guilty in both Magistrates' and General Sessions when the indictment was reduced from Burglary in the third degree to Petit Larceny. Sixteen days after arrest he was sentenced to the Penitentiary. The probation officer's report showed that he had been living with his mother and one brother in a fairly clean, comfortable home. The father has been dead 12 years. He had finished the 8th grade of Public School at 15 years of age. He had worked for short periods for three different companies until he lost three fingers in a punch press at an electric company in L. I., for which he received $1100. compensation. He had been sentenced to the Catholic Protectory as a second offender in 1918, and in 1919 sentence was suspended in Special Sessions Court in a petit larceny case. In 1920 he was sentenced to the City Reformatory, guilty of unlawful entry. In self-defense he simply stated that he wanted money and had been idle 4 months and could get no job. Bail $1500. furnished by his relatives. 66 No. 47 Date of Date of Age Sex Parentage Nativity Arrest Bail Disposition Court 17 M. Russian U. S. 6-3-21 No 6-22-21 General Sessions Name: Frank Redman Charge: Forgery, 2nd degree Offense: 11-16-20. Forged signature. $500. caught in Chicago Previous Offense: Grand Larceny - serving sentence in Chicago at time of arrest Address: Scammel St. Occupation: Clerk Children's Court: Disposition: 6-22-Elmira Reformatory Case History: This defendant was brought on a warrent from Chicago where he was serving a term in the House of Correction for grand larceny committed in May, 1921. In General Sessions Court pleaded guilty to attempted forgery in the 2nd degree and wast sentenced to Elmira 49 days after arrest. The probation officer's record showed that he had been away from home a year and a half, that he was only 17 years of age, and that his father informed the police of the defendant's sentence in Chicago. The father, with step-mother and five children, live in a well appointed apartment and seem to be self-supporting and self-respecting people. The defendant had no excuse for his act but said he was tired of work after two weeks and wanted to take a trip and therefore deliberately forged and cashed a check and left the city. He claimed to have worked in the shipyards for six months, in two Atlantic City hotels, for four weeks each and for the telephone co. in Detroit, but none of these references gave any record of his work. 67 No. 6 Date of Date of Age Sex Parentage Nativity Arrest Bail Disposition Court 17 F. German U. S. 10-4-21 - 10-7-21 Women's Court Name: Emma Benjamin Charge: Vio. Chap. 436, Laws 1903. Incorrigible Offense: Associating with persons of vicious and dissolute habits - staying away all night without permission of her parents-in danger of becoming morally depraved Previous Offense: No Address: West 45th St. Occupation: House work Children's Court: 1-20-16. Running away from home. Paroled to a relative Disposition: Kingston Avenue Hospital Case History: Her father made the complaint. The following day pleaded guilty. Was detained at Waverly House until 10-7-21 for probation investigation and physical examination. The probation report showed that the family lived in 4 dirty, dark, untidy rooms' at the above address where they have been living for 2 years. The home is in a very poor neighborhood. Father says that men come to the house continually to see the girl. Both he and her mother refuse to take her home. The home is a very poor one. The father is very shiftless and intemperate. The girl has 2 brothers and 2 sisters living at home. She has been in New York 12 years. As she had a previous record in the Children's Court she was known to the S. P. C. C. who gave the following report. The girl has been very unhappy at home since the age of 11 years. Father drank and beat her and forced her to beg on the street. She was taken before Judge Hoyt and refused to return to her parents so she was sent to an aunt in Jersey City, but her father and mother continually made trouble for her. She worked for her board and small wages in several places, but each time her parents interfered so she was forced to give up the work. The girl said that she returned from her last place 6 weeks ago; that her parents had scolded her continuously since her return; that she is engaged to a man who has ruined her, but she refuses to tell his name. The Board of Health reports that she is suffering with venereal disease, and she was therefore committed to the Kingston Avenue Hospital. 68 No. 50 Date of Date of Arrest Bail Disposition Age Sex Parentage Nativity Court 17 M. Russian Russia 6-6-21 No 6-20-21 General Sessions Name: Abraham Jacobs Charge: Attempted Burglary, 3rd degree Offense: Attempted to pry iron bars from rear window of drug store Previous Offense: Address: E. 77th St. Occupation: Helper Children's Court: 1914 -Disorderly Conduct. Fined $1.00. 1916 -Juvenile Delinquent. Susp. 1916-Violation of Parole. Jewish Protectory. 1918-Assault. House of Refuge Disposition: Elmira Case History: This defendant was arrested in company with one other while prying the iron bars from the back window of a drugstore in the night time. He pleaded not guilty in the Magistrates' Court and was remanded to the N. Y. City Prison for failing to furnish $2,000. bail He pleaded not guilty in General Sessions Court and was tried and convicted of burglary in the third degree. He waived his right to delay sentence and was immediately sentenced to Elmira. No probation report was made in this case but the police report showed that in 1914 he had been convicted of disorderly conduct in the Children's Court and fined $1. In 1916 he was convicted of juvenile delinquency (burglary) in the Children's Court and sentence was suspended. In 1916 he violated his probation from the Children's Court and was sent to the Jewish Protectory. In 1918 he was convicted of assault in the Children's Court and sent to the House of Refuge. Investigation of this Committee showed that he was born in Russia and had been in this country 15 years. He lived with his father and mother until about one year ago when he left home and started living in furnished rooms. He had occupied 3 different rooms in the last four years. He had left grade 6 in the House of Refuge and worked as a laborer or helper irregularly for the last 2 years. Two work references of 6 months each showed nothing against him. 69 Not 55 Date of Date of Age Sex Parentage Nativity Arrest Bail Disposition Court 16 M. Irish U. S. 6-4-21 No 6-22-21 General Sessions Name: Jack Lowell Charge: Burglary, 3rd degree Offense: 6-4-21, day. Broke window of pool room, took cigarettes ($50.00) seen escaping & arrested Previous Offense: Address: Horatio St. Occupation: Laborer Children's Court: 1917 -Disorderly Child. Catholic Protectory, 2 yrs. 1919-Parole Violation. Cath. Prot., 1 yr. Disposition: 6-22-21. N. Y. City Reformatory Case History: This defendant and two others not arrested broke the window of a pool room, took cigarettes valued at $50., and was arrested attempting to sell the stolen goods. He pleaded not guilty in the Magistrates' Court but guilty to petit larceny in General Sessions when the plea was reduced from burglary in the third degree. Eighteen days after arrest he was sent to the N. Y. City Reformatory. The probation officer's report showed that he had been living at home with his mother and two older sisters. none of whom had any control over him. He had left the parochial school in the 8th grade at the age of 15 years and worked as an electrician's helper for two months. Two months before arrest he had broken both an arm and a leg severely and had been idle ever since. He had no previous record in the adult courts but he had been sent by his mother through the Children's Court to the Catholic Protectory in 1917 and again in 1919, as incorrigible. In self-defense he stated that he wanted to go to Coney Island. He had been unable to get work and therefore had attempted the burglary. 70 No. 7 Date of Date of Arrest Bail Disposition Court Age Sex Parentage Nativity 18 F. Austrian Austria 10-5-21 - 10-24-21 Women's Court Name: Anna Selmann Charge: IncorrigibilityChapter 436, L. 1903 Offense: Left home without just cause or permission of her parents for two weeks & found associating with vicious & dissolute persons Previous Offense: No Address: Norfolk St. Occupation: Milliner Children's Court:. Social Service Exchange reports girl known to Children's Court, but Children's Court had no record Disposition: Bedford Reformatory Case History: This girl was arrested at the request of her parents. She was arraigned in the Women's Court on the following day on parent's complaint and pleaded guilty. Representative of Jewish Guardian Society in court gave a verbal report. There was also a probation investigation. There are 3 brothers and 2 sisters living with parents. Girl attended P. S. to 7-B at 15. She worked in a millinery store, in Clinton St, earning $3. to $9. a week for 2-/2 years (unverified); then at another store in Clinton St., for $15. a week for 1-Y2 years, (unverified) left there three weeks ago. Girl says she first had intercourse with a youth in March of this year, on her way home from a dance, and has done so several times since. She says that her parents abused her so that she could not stand it, so she persuaded the man with whom she was arrested, to get her a furnished room, where she remained for 2 weeks. She says he has never been there. A worker visited girl's home. Her family live in 4 nice rooms in a poor neighborhood where they have lived for 2-Y years. Her mother says girl ran away before at age of 13, but has never been really bad until one year ago when she met this youth. She insists he has been with her daughter every night since she left home. Girl's father is a baker earning $35. a week, but at present out of employment. Girl is 7 months pregnant. The mother insists that the man in the case is the father of the child; that he goes under several names. She is willing to take the girl back, but will not take the baby. Girl committed to Bedford 10-24-21. 71 No. 62 Date of Date of Age Sex Parentage Nativity Arrest Bail Disposition Court 17 M. Italian U. S. 6-9-21 No 8-25-21 General Sessions Name: Guiseppe Martini Charge: Burglary, 3rd degree Offense. Forced bar from window; took jewelry and money from private apartment Previous Offense: Address: E. 29th St. Occupation: Errand boy Children's Court: 1917 -Disorderly Child. Discharged. 1919-Sent to Catholic Protectory Disposition: Discharged on his own recognizance Case History: This defendant was arrested in company with one other while trying to pawn a ring which had been stolen from an apartment the previous day. In the Magistrates' Court he pleaded not guilty and was committed to the N. Y. City Prison in default of $1500. bail. In General Sessions he pleaded not guilty to burglary in the third degree and 78 days after arrest he was discharged on his own recognizance on motion of the district attorney. Investigation of this Committee showed that he lived with his father and mother, one older brother and one married sister in 5 rather poorly furnished rooms. He had been born in this country of Italian parents and had been committed to the Catholic Protectory in 1919 where he finished the 6th grade in school. He claimed to have worked for his father on an ice wagon since leaving the Catholic Protectory. His previous record showed that he had been brought to the Children's Court in 1917 as being a disorderly child. Examination showed him to be mentally retarded but of good physique. In self defense he stated that he had met two men only a block from his home who asked him to pawn the jewelry for them and he had been arrested while attempting to do so. He stated that if he had thought the jewelry was stolen property he would never have touched it. 72 No. 6 Date of Date of Age Sex Parentage Nativity Arrest Bail Disposition Court 17 F. Negro U. S. 10-6-21 No 10-13-21 Special Sessions Name: Blanche Jordan Charge: Petit Larceny Offense: Shoplifting Previous Offense: 1921 -Women's Court. Soliciting. Sentence suspended. Probation Address: St. Nicholas Ave. Occupation: House work Children's Court: 1919 -Material witness. Assault Disposition: Bedford Reformatory Case History: This defendant was arrested with one other after having taken hosiery and underwear valued at $7. from a department store. In the Magistrates' Court she pleaded not guilty and was confined to the Workhouse in default of $100. bail. In the Court of Special Sessions she pleaded guilty and was immediately sentenced to Bedford Reformatory seven days after arrest. No special probation investigation was made because she was already on parole from the Women's Court on a charge of soliciting. At the time of sentence she was characterized as unsatisfactory on parole and venereally infected. Investigation of this Committee showed that she had no living relatives that she knew of but that she was living with a man whom she called her father, his second wife and 4 other, unrelated colored people in a very illkept cellar of a large apartment house. Her so-called father absolutely denied parentage and stated that his wife had brought up the child since she was six months old. They had given her the best home they could and treated her like one of their own children. but he said she had always been a great problem because of her truancy, lying and stealing, and later her conduct with men. He claimed that she stayed there only occasionally and that he had no control whatever over her. She had refused to work although she could have found employment in the same apartment house. She refused to report or co-operate in any way with the former parole officer. The visitor surmised that this home could not have been in any sense a pleasant one for the defendant, since she was looked upon as an illegitimate child and treated with scorn by the man's second wife. She had nothing to say in self defense. 73 No. 64 Date of Date of Age Sex Parentage Nativity Arrest Bail Disposition Court 18 M. French U. S. 6-14-21 No 6-28-21 General Sessions Name: Alexander Lemond Charge: Grand Larceny, 1st degree Offense: 6-14-21. Stole auto valued at $2500. from curb. Arrested 2 hrs. later Previous Offense: 1919 -G. Larceny (auto.) Elmira Address: Fifth Ave. Occupation: Auto Mechanic Children's Court: Truant School. Petit Larceny. susp. 1918 -1919 -Sent. Disposition: 6-28-21. State's Prison 2 yrs., 6 mo. Case History:. This defendant was arrested while driving a stolen automobile on West 119th Street. He pleaded guilty in the Magistrates' Court and guilty in General Sessions to attempted grand larceny in the 2nd degree, after the judge showed leniency in reducing the plea from grand larceny in the 1st degree. Fourteen days after arrest he was sentenced to state's prison for 2 years and 6 months. The probation officer's report showed that he had been living with his parents who complained that they had no control over him, and that he caused them much trouble. He finished the 6th grade in the Public Truant School at 16 years of age. In 1919 sentence was suspended on the conviction of petit larceny and later in the same year he was sentenced to Elmira Reformatory for the theft of an automobile. Parole officer's report showed that parole was unsatisfactory and the officer believed him to be "a confirmed thief". 74 No. 65 Date of Date of Age Sex Parentage Nativity Arrest Bail Disposition Court 18 M. Negro U. S. 6-20-21 No 7-22-21 General Sessions Name: Arthur Shirley Charge: Burglary, 3rd degree Offense: Broke door lock and entered apartment; took clothing Address: 9th Ave. Occupation: Switchman Children's Court: Previous Offense: 1920 -Burglary, 3rd degree. Sentence suspended. 1919-Mag. Court. Discharged Disposition: 4 years State's Prison Case History: This defendant was arrested on a street corner while attempting to wrap up some clothes which had been stolen from an apartment house one hour previously. In the Magistrates' Court be pleaded not guilty and was remanded in default of $1500. bail. In General Sessions he pleaded guilty. Twenty-four days after arrest he was sentenced to state's prison for 4 years. The co-defendant in this case was discharged on the recommendation of the District Attorney. The probation officer's report showed that he had been living with his parents but separated from his wife since their marriage a year ago. He had contracted a venereal infection and asked for treatment. He had left school at 15 years of age in about the 6th grade and worked for four years as a helper in a clothing store. He had previously been convicted of burglary in the 3rd degree and received a suspended sentence in 1920. In 1919 a charge of burglary against him had been discharged by the magistrate. In self defense he stated that he had been idle for eight months, needed money and could get no work. He had given a false name at the time of arrest in the hope of deceiving the authorities in regard to his previous conviction. 75 No. 72 Date of Date of Age Sex Parentage Nativity Arrest Bail Disposition Court 18 M. Italian U. S. 6-16-21 No 7-22-21 General Sessions Name: Vincenzo Bucarello Charge: Burglary, 3rd degree Offense: Broke into apartment; took clothing, jewelry and canary bird, value $500. Previous Offense: 1918 -Petit Larceny. Spec. Ses. Susp. 1919-Revolver. Spec. Ses. N. Y. City Ref. 1920 -Burglary. Discharged Address: Mott St. Occupation: Laborer Children's Court: 1914-1916 N. Y. Parental School by Court order Disposition: Penitentiary Case History: This defendant was arrested in company with one other upon complaint of a person whose apartment had been robbed of clothing, jewelry and a canary bird valued at $500. In the Magistrates' Court he pleaded pot guilty, and was remanded to New York City Prison in default of $1500. bail. In' the General Sessions Court he pleaded not guilty to burglary in the 3d degree but later reversed his plea to guilty of unlawful entry. 36 days after arrest he was sentenced to the Penitentiary. Investigation of the probation department showed that he lived with his wife and two-monthsold baby. His father had been dead 9 years and his mother supported them to a small extent. The defendant had been placed in the N. Y. Parental School from 1914 to 1916 where he did poorly. He had no work record which could be verified but claimed to have worked as a laborer on the piers. In 1918 he was convicted of petit larceny in the Court of Special Sessions and sentence was suspended. In 1919 he was convicted for having a revolver in his possession and was sentenced to the N. Y. City Reformatory, from which he was still on parole when arrested. In 1920 he was arrested for burglary but the case was discharged in the Magistrates' Court. He stated that he had been idle for five months before arrest partly because he was sick, partly because he could not get work. In desperation he had committed the offense, but he had immediately repented and agreed to make restitution. 76 No. 80 Date of Date of Age Sex Parentage Nativity Arrest Bail Disposition Court 18 M. Irish U. S. 6-17-21 $1000 7-8-21 General Sessions Name: Richard Shannon Charge: Burglary, 3rd degree Offense: 6-17-21. Night. Forced rear door o0 grocery store; took sup, plies Previous Offense: Address: 9th Ave. Occupation: Driver Children's Court: Disposition: 7-8-21. Sentence suspended Case History: This defendant with two others broke open the rear door of a grocery store, took chocolates and cigars, and was arrested on leaving the place. In the Magistrates' Court he made no plea and waived examination. In General Sessions Court he was allowed to plead guilty to petit larceny, although indicted for burglary in the third degree. The probation officer's report showed that he lived with his parents and one sister, that he had no previous court record, and that his work record for the last year showed steady, reliable effort. Sixteen days after arrest sentence was suspended and he was placed on probation. In self defense he said that he had been urged to take part in the burglary by the other two men, especially by the one who was not arrested. 77 The following statement sets forth the treatment of the 18-year old, 19-year old and 20-year old cases. THE 18-YEAR GROUP In the Court of General Sessions there were 21 cases in the 18-yearold group. Twelve (12) were charged with burglary, 6 grand larceny, 1 robbery, 1 for criminally carrying a weapon, and 1 for unlawfully possessing and selling liquor. Five (5) of these were still pending uncompleted when this study was ended and therefore are not considered. Of the remaining 16 one case was that of a young woman. Seven (7), including the girl, had no previous record; of the 10 who had previous records 5 had Children's Court records as well. All but 3 of these cases were investigated by probation officers; in 2 of them long police records were submitted, the other was the case of a young man who was found guilty of selling a drink of whiskey to a revenue officer. Sentence was suspended in his case and no probation supervision was ordered. Then sentences imposed varied from probation, in the cases where there was no previous record and the probation offcer's report indicated that home conditions and work records were good, to State's Prison for 5 years IN SPECIAL SESSIONS In the Court of Special Sessions there were 12 cases in the 18-year-old age group, 5 young women and 7 young men. One young man charged with assault was acquitted, one charged with admitting a minor to a moving picture show was also acquitted; one young woman who was held on a similar charge was found guilty and fined $250. Two young men were found guilty of possessing a revolver unlawfully; 4 young women were found guilty of shoplifting, 3 young men of petit larceny. Out of the 12 cases probation investigations were made in every case but 2; one of these was the young woman who was fined for admitting a minor to a moving picture show. Of the defendants in this group only 2 had previous records and neither of them included a Children's Court record. IN THE WOMEN'S COURT In the Women's Court there were 11 cases in the 18-year group; 5 of these were cases of shoplifting and were held for Special Sessions; no previous record was found in any of them. In 4 cases the charge was "incorrigibility" (waywardness) and in 3 of these the complaints were made by the girls' parents, in the other case by a police woman who arrested the girl while she was in the company of a known prostitute. Two young women in this group were found guilty of tenement house prostitution. Previous records in the Children's Court were found in but two cases. Four (4) of these girls were released on bail, 3 were held at the House of Detention on Welfare Island, 3 at the Florence Crittenton Home and 1 at Waverly House. 78 Probation investigations were made in every case, except where a history was submitted by one of the private organizations working with delinquent girls affiliated with the Court. IN A DISTRICT COURT In the 5th District Court there were 20 cases in the 18-year age group, 3 of whom were young women. Three defendants in this group were charged with grand larceny. In one case the charge was withdrawn and the case dismissed, the other two were held for the Grand Jury. There were 3 cases charged with burglary; one was dismissed, one held for the Grand Jury, and in one case the charge was reduced to petit larceny and held for Special Sessions. One young man arrested for unlawfully possessing a loaded pistol was held for Special Sessions where the case was dismissed. One case of cruelty to animals (driving a lame mule), was fined $15. One case where the charge was that of possessing a bottle of whiskey was dismissed. The cases held for a higher court or the Grand Jury cannot properly be discussed as Magistrates' Court cases as the responsibility for detention, trial, investigation and disposition rests with the Courts of Special Sessions and General Sessions. The other 11 cases in this group were brought to court for violation of corporation ordinances. In 3 of these the charge was for having thrown rubbish, garbage or ashes into the street. They were each fined a small sum. Three (2 of them young women) had exposed fruit for sale uncovered and were fined or given suspended sentence. Five (5) were charged with peddling without a license; 2 were dismissed, the other 3 paid small fines. It is obvious that there is nothing in the treatment of this class of offenders, that would warrant their being tried either in the Children's Court or in a special Court for Adolescents; for, they are now accorded a treatment that is quite adequate. IN THE MEN'S NIGHT COURT In the Men's Night Court the 18-year-old group is the largest included in this study. There were 68 cases. In 4 the charge was of a misdemeanor,-2 were petit larceny, 1 the selling of lottery tickets, and 1 violation of the liquor law. All 4 were held for Special Sessions. There were 9 cases found guilty of peddling without a license (violation of a corporation ordinance). They were given suspended sentence or fined a small sum, $1. or $2. The other 57 cases were charged with "disorderly conduct" for the following reasons: Thirty-four (34) had obstructed the sidewalk while playing either cards or crap; 11 of these were dismissed, 23 were fined $1. to $3. each, or given suspended sentence. Eighteen (18) were cases of "annoying", which involved playing ball in the street, congregating in groups on the sidewalk and refusing to move on, or soliciting alms; 11 of these were dismissed, 6 were fined or given suspended sentence. 79 One of these, however, proved to be a more serious case; it involved a young man who bothered a 16-year-old girl, calling her indecent names and refused to go away, so that she had to call a policeman for protection. The youth was held for probation investigation, which showed that he had a Children's Court record as an ungovernable child, and although he had a good work record there were indications that he was mentally subnormal. He was placed on probation. Such a case needs most intelligent probation care, which should include a mental examination. Three (3) lads arraigned for "jostling" (disorderly conduct), which indicates that an attempt has been made to pick pockets, were found guilty and were held for investigation. All of these cases showed a need of supervision and follow-up work which cannot always be accorded probation cases in the Magistrates' Courts because the inadequate staff of probation officers makes it necessary for each officer to carry twice as many cases as he can properly supervise. In spite of this, some excellent results have been obtained and the creation of the Probation Court has given a more definite value to an honorable discharge at the end of the probation period. THE 19-YEAR AGE GROUP In the 19-year-old group in the Court of General Sessions there were 15 cases (2 young women and 13 men). Six (6) of these are still pending, 3 in which the charge is grand larceny, 1 in which the charge is bigamy, 1 for carrying a dangerous weapon, and 1 for burglary. The pending cases necessarily cannot be considered until concluded. The 9 cases disposed of by the Court were 7 for grand larceny, 1 rape case and 1 assault. In 3 cases there was no previous record; in these one case was discharged, one placed under suspended sentence and 1 committed to Elmira after investigation by the probation officer. Three (3) of the previous records included Children's Court records. One of these young men had stolen an automobile; he had been 5 times before the Children's Court in 1918 having been committed by that Court to the Catholic Protectory for juvenile delinquency (burglary); in 1919 he had again been sent to the Catholic Protectory for stealing an automobile, and in 1920 he had been sent to Elmira Reformatory for grand larceny. He had not finished the 6th grade when he left public school, he had no trade, and apparently had never held a regular job. No probation investigation was ordered in this case, as a police record was submitted, the young man was committed to the Penitentiary. Investigation by the Committee's staff indicated that a mental examination would seem to have been desirable. It is apparent that this 19-year-old thief should certainly not be tried in the Children's Court where he had already been 5 times for similar offenses and where the treatment meted out by that Court had not proved either deterrent or reformative. 80 IN SPECIAL SESSIONS In the Court of Special Sessions there were 13 cases in the 19-year group-5 young women and 8 young men. Four (4) of the young women were found guilty of shoplifting (petit larceny) and one guilty of admitting a child to a moving picture show. All were released on bail while their trial was pending. Probation investigation was ordered in the shoplifting cases, but not for the young woman who admitted the child to the moving pictures; she was placed on probation, as were 2 of the shoplifters. The other 2 were fined. One defendant was charged with a violation of the highway law in that he had failed to report an accident. He was acquitted. Of the 4 cases found guilty of petit larceny, 2 had previous records, 1 was a deserter from the U. S. Navy to which he was returned, 1 had been held in a Brooklyn Court 3 months previous on a burglary charge but acquitted, 1 young man was found guilty of possessing and selling drugs (cocaine). He had been charged with the same offense before. His family stated to the Committee investigator that he was so entirely dominated by his drug habit that they were glad to have him sent to the Penitentiary for a cure. Two were charged with possessing revolvers unlawfully; one was acquitted, the other sentenced to the Penitentiary. A FAILURE IN THE CHILDREN'S COURT An instructive case is that of this youth, who was arrested on the information of a citizen that two men were planning a "hold up" at a certain place. The officer went to the place, found the defendant and an unknown man who escaped. The defendant ran three blocks and threw away a revolver before he was caught. He pleaded "not guilty" when originally arraigned in the Magistrates' Court, but was held for General Sessions where an indictment for robbery was changed to that of possession of a firearm. The judge believed him mentally abnormal and sent him to the Psychopathic Ward at Bellevue Hospital for observation. He was declared not insane and legally competent. The case was then transferred to Special Sessions for trial. After conviction a probation investigation was ordered which disclosed that he had been three times before the Children's Court, first for petit larceny, when sentence was suspended; than as an ungovernable child, when he was sent to the Catholic Protectory; after that he was arrested for burglary and sent by the Children's Court to the House of Refuge. At the House of Refuge he assaulted an officer in an attempt to escape and was transferred to the Penitentiary. At the end of four months he was declared insane by the medical staff of the Penitentiary (diagnosed as maniac depressive) and isolated for continued sodomy. He was returned to the House of Refuge where he stayed one more year before being paroled. The Court of Special Sessions rightly sent him back to the Penitentiary. 81 IF IN THE CHILDREN'S COURT? It is obvious that nothing would have been gained by this young criminal's being tried with little children in the Children's Court. That Court had already done its utmost for him, and all its efforts had been quite unavailing. IN THE WOMEN'S COURT In the Women's Court there were 10 cases in the 19-year age group; one was brought to Court on a charge of incorrigibility made by her mother. While she had no previous court record there was a history of immorality, thieving and abusive behavior to her mother. She was sent to the House of the Good Shepherd. There were 4 cases of petit larceny (shoplifting) which were held for Special Sessions. The other 5 cases were convicted of prostitution, 3 of them were suffering from venereal disease. A probation investigation was ordered in each of these cases. IN THE DISTRICT COURTS In the 5th District Magistrates' Court there were 18 cases in the 19-year age group; 4 cases were held for the Grand Jury, 2 on a charge of robbery, 1 for burglary and 1i for rape. One charge of rape was dismissed by the magistrate. One defendant was fined for cruelty to animals (driving a horse with a sore on his shoulder). Eight charges of violating corporation ordinances were disposed of by imposing a small fine or suspending sentence, 5 of these were for peddling without a license, 1 for exposing food for sale uncovered, 2 for taking a dog on the street without a muzzle. Two of the 4 disorderly conduct cases in this group were dismissed; 1 was arrested for creating a disturbance when intoxicated, 1 for playing ball in a school yard. None of these cases indicated a need for special treatment. The more serious offenses were held for the higher courts. Of the cases disposed of by the magistrates, all were disposed of in the way they would have been disposed of, had they been heard either in the Children's Court or in a special Adolescents' Court. THE MEN'S NIGHT COURT In the Men's Night Court there were 59 cases in the 19-year age group. Six of these were held for Special Sessions, the charges being petit larceny (1), cruelty to animals (2), violation of the liquor law (3), 7 men found guilty of peddling without a license were fined $1. or $2. or sentence was suspended. There were 45 disorderly conduct cases, in 26 of these the offense was obstructing the sidewalk while playing either craps or cards; in 19 the specific charge was "annoying", which involved the usual ball game in the street, loud and boisterous language, rowdyism on street cars or refusal to move from a street corer. 82 There were 2 of these, however, which had a more serious aspect, and they were handled quite differently from those trivial offenses which result largely from a lack of recreational opportunities. These were two cases where members of a gang had attacked the keeper of a billiard room run by a philanthropic organization, and had kicked and beaten him. They were remanded for investigation which showed that both had previous records. One had been convicted of assault in a Special Sessions, the other had been 3 times before the Children's Court and once before Special Sessions. He was committed to the House of Refuge for petit larceny, while there he assaulted a keeper in an attempt to escape and was transferred to the Penitentiary. NOT FIT FOR THE CHILDREN'S COURT Would anything have been gained by having these 19-year-old young toughs treated as "children"? Obviously, not. The Children's Court had 3 times sought to deal with one of them, and the treatment accorded had not proved effective to say the least. What these embryo gangsters needed was a term at Elmira Reformatory, not coddling as "children". THE 20-YEAR-OLD GROUP In the Court of General Sessions there were 12 cases in the 20-yearold group, the charges were receiving stolen goods (1), burglary (3), grand larceny (5), rape (1), forgery (1). Three of these cases are still pending, and 2 were discharged on motion of the district attorney. Of those convicted 3 had no previous record and were placed on probation after investigation. The 4 with previous records had not been before the Children's Court so far as could be ascertained. IN SPECIAL SESSIONS In the Court of Special Sessions there were 6 cases in the 20-year-age group. One of these was a woman who pleaded guilty of shoplifting and after probation investigation was sentenced to 10 days in the Workhouse. She had no previous record. One man was convicted of selling short weight and placed on probation although he had previously been held in a magistrates' court for violation of a corporation ordinance. There were 2 drug addict cases and 2 petit larceny cases; one of the drug cases, that of a Chinaman, had no previous record. He was fined $25; the other 3 had from 1 to 3 previous convictions and were sent to the Penitentiary or to the New York City Reformatory. IN THE WOMEN'S COURT In the Women's Court there were 12 cases in the 20-year age group. Two of these defendants were charged with shoplifting and held for Special Sessions, the other 10 were convicted of prostitution. Two of them had previous records in the Women's Court; 5 were suffering from venereal disease and were sent to the Kingston Avenue Hospital for treatment. A probation report was submitted in each of these cases. 83 IN THE DISTRICT COURTS In the 5th District Magistrates' Court there were 15 cases, (14 men, 1 woman). Four of these were held for the Grand Jury on charges of rape, burglary, felonious assault, grand larceny. Three (3) trivial disorderly conduct cases were fined, dismissed and given suspended sentence; 8 violators of corporation ordinances were fined-for permitting a dog on the street without a muzzle, for throwing garbage or ashes into the street, for peddling without a license or exposing food for sale uncovered. The 62 cases in this group in the Mens' Night Court show 2 cases of petit larceny held for Special Sessions, 3 fined for peddling without a license, 1 case of cruelty to animals, fined; a defendant charged with possessing liquor was dismissed, one who was intoxicated was fined. Out of 44 disorderly conduct cases 23 were for playing crap or cards on the sidewalk, and 21 for "annoying", but none of these involved a serious charge. This study was made under the direction of Lawrence Veiller and Mary E. Paddon. The field work and case histories were done by Edward Greene; those of the Women's Court by Kathleen E. Freeman. The Report was written by Mr. Veiller from the material thus obtained. 84 THE COMMITTEE ON CRIMINAL COURTS of THE CHARITY ORGANIZATION SOCIETY OF THE CITY OF NEW YORK BRONSON WINTHROP, Chairman CHARLES W. APPLETON OTTO T. BANNARD ROBERT W. DE FOREST VICTOR J. DOWLING HOMER FOLKS JOHN M. GLENN FREDERICK TREVOR HILL RALPH K. JACOBS GEORGE W. KIRCHWEY PHILIP J. MCCOOK JULIUS M. MAYER MORGAN J. O'BRIEN ALFRED R. PAGE ALTON B. PARKER FRANK L. POLK EZRA P. PRENTICE GEORGE W. SCHURMAN NATHAN A. SMYTH HENRY W. THURSTON LAWRENCE VEILLER STAFF LAWRENCE VEILLER, Secretary 105 East 22nd Street, New York City. January 1, 1923. 85 : 7 *.. /~~~~~~~~~~~ I I -, I 734 4 4I.,. \ iW? — P I, P;,I " / r;, "'2-'.-, -..':.-q.:..,,".,. ~. -... '; *':',.'-., -'' \ ',..... ~.-~....>.-I i; i -~ c i \r -;-;- -ii-~-_ I\i.:S -~;,~.2; ~ i. r "* ':i;r ~I i-:-~i r: I.i-~h ~i i~ " i- I i ~' ' ". T '!'-' N- ' *44j ~.'.,:, -: - '..,., I,,,- -:.:.~ ~~~~~L~ ':,~-, -J> _,' ~:~~~~.:% ^I `~,4 K -4 v'4 II *r'^ \ t-4-.:. '. _.' " - K 4 - - -- - K ii. t r? I: ~;\;-~ ~ - -i i ci i.,, iY;k~.i;I'.~J.. _ - -,. "' /, ^ ^ 'S '.'. ' ',, >.; j.. -..:: 7 L;~ i. /~ ~L., I -., I =~ii; ~ i I C _' i.~~; -: t.: rr. ~i -- j ---, i k \i i ~, "'-: -~:i ~~ ~./~ i t ' 1 j;:r i~ ii~;L. 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