In re the Investigation of Capshaw

Untermyer, J. (concurring in result).

I am unable to concur in the opinion of Presiding Justice Martin in which he sustains the first and second charges against Magistrate Capshaw, which, in substance, allege that he acted upon considerations outside the evidence presented in discharging the defendant in the Klein and Silverstein cases. I concur in the result only because I consider that, as a witness in the case of People v. Hines, Magistrate Capshaw, wholly without justification, in effect charged the arresting officers with giving false evidence and with unworthy motives in the performance…