During the year 1870, 49,423 persons were confined for various periods of time in the Tombs.
The Tombs Police Court offers some interesting and instructive spectacles. It is opened at six o’clock on Sunday morning. It is presided over by Justice Joseph Dowling, a short, thickset man, with a handsome face, and a full, well-shaped head, indicating both ability and determination. Judge Dowling is still a young man, and is one of the most efficient magistrates in the city. His decisions are quickly rendered, and are usually just. His long experience with criminals has given him an intimate knowledge of the men with whom he has to deal, and their ways. This often helps him to a conclusion which is really true, although the evidence in the case does not confirm it, and he frequently startles criminals by boldly declaring that they did thus and so at such a time. The criminal overwhelmed with astonishment and confusion generally admits the charge, and is sentenced accordingly. A stranger is at once struck with the quick and penetrating power of Judge Dowling’s glance. He seems to look right through a criminal, and persons brought before him generally find it impossible to deceive him. This
has made him the terror of criminals, who have come to regard an arraignment before him as equivalent to a conviction, which is generally the case. At the same time he is kind and considerate to those who are simply unfortunate. As a man, he is kind-hearted, and inclined to lean toward the side of mercy.
As soon as the court is opened, the prisoners are called up in the order of their arrival during the previous night. Drunkenness and disorder, and first offences of a minor character, are punished with a reprimand, and the prisoner is dismissed. These cases constitute a majority of the charges, and the judge disposes of them with a rapidity which astonishes a stranger. The more serious cases are held for further examination, or are sent on for trial before the Court of Special Sessions.
All classes of people come to the Justice with complaints of every description. Women come to complain of their husbands, and men of their wives. Judge Dowling listens to them all, and if a remedy is needed, applies the proper one without delay. In most instances he dismisses the parties with good advice, as their cases are not provided for by the law.
The Court of Special Sessions sits in a large hall on the right of the main entrance to the prison. It is strictly a criminal court, and is for the trial of charges which are too serious to be disposed of in the Police Court. Two judges are supposed to sit during the sessions of this court, but Judge Dowling frequently conducts its business alone. The prisoner is allowed to employ counsel and introduce witnesses in his own behalf.
The following is an example of the way in which Judge Dowling transacts business in this court:
“The first case of importance was that of the People vs. James Day, alias ‘Big-mouthed Scotty,’ and William Jones, alias ‘Billy Clews,’ on the complaint of Captain Ira S. Garland, of the Twelfth precinct. Probably there are not two other men in this city who could fairly be compared with these. They are both of the most dissolute, desperate habits, and have been what they now are, thieves, since the date of their entry into this city. The first, who is truthfully styled ‘big-mouthed’—that hole in his face being almost large enough to run in one of
the cars on the elevated railroad in Greenwich street—was born in the Hielands o’ Bonnie Scotland; but, be it said, he appears not to have become inoculated with the same spirit of honesty and perseverance that characterizes the greater portion of his countrymen. He arrived here nearly twenty years ago, and since that time he has been a lazy, contemptible thief, a shocking contrast with Caledonians in general.
