New-York tribune., 1901-04-11
RRANN UPHOLDS MURPHY
GAYS PATRoLMEN ERRED IN ARREsTING
SALOONKEEPER
,,eTRICT ATTORNEY WILL NOT DROP THE
TRANSFER CASES. HOWEVER UNTIL HE
has LOOKED INTO THEM FURTHER

Magistrate Brann upheld the hands of Police
r-rnissioner Murphy yesterday by dismissing in
- West Side court the charge of violating the
,c,se law brought against John Reilly. saloon
,sner al Amsterdam-ave. and One-hundred-and-
cond-st by Policemen Becker and Faubel. Muir
,hv transferred these from Captain schmitt-
ff-ger's precinct after the arrest made,
- the charge has been made that he did in
rder 10 punish them for being overzealous. Magis-
rate Brann's action tends TO show that the men
mere overzealous, but District Attorney Philbin.
,bo was represented at the hearing by Assistant
rist-ct Attorney j Lindsay Gordon, says he
doesn't intend 70 let the case drop without looking
into il further
Magistrate Brann laid down some principles OF
law which caused astonishment. He said that.
while II might be reprehensible for a saloonkeeper
~ evade the excise law there nothing criminal
IN such an evasion. and that when a sandwich was
served as meal with a drink policeman had no
right to make an arrest, even though the sandwich
were an evasion Of the law.
Becker sWOre that he Faubel, Policeman Hall
and John A. Markato. insurance agent. of No.
10s West Ninetythird-st stood the saloon cor
,er about 80 O'Clock on Sunday evening March
81 End Reilly at corner of the bar and three
men standing with him. They Reilly take
down some liquor and go through swinging doors.
They tried 10 get in the side door but failed and
they went into hall of No 1ss West One-hundred-
and-second-st. and through doorway into the
saloon. They saw fourteen men. Becker said. Sit
-ipC down drinking. Becker SAID ne tasted the
Houor in glass and passed il TO Hail. Faubel
and Narkato who all tasted it. and said Il was
beer Reilly then arrested.
Assistant District Attorney Gordon asked Becker
~ Captain Schmittberger had given him instruc-
-ions 10 go there. Magistrate Brann refused to
allow the question. Mr. Gordon asked if Becker
had seen Reilly give the liquor away or sell IT,
Il didn't see him sell it,. responded Becker, but
she side door open, and liquors were exposed
and those are violations of the Excise law.
you've got stick what's in the complaint
said Magistrate Brann. It's your duty 10 prove
thai liquor was sold given away. according to
the section of the code the complaint was
brought on
Narkato and Faubel testified in confederation Of
what Becker had said and the prosecution rested
MAGISTRATE Erann then dismissed the case. He
said tn ere was not enough evidence TO uphold the
complaint Assistant District Attorney Gordon, in
speaking Of the matter afterward. said he did not
know Yet whether not he would take the case
10 the Grand Jury.
Police Commissioner Murphy continued his in
vestigaton of the complaints made by the trans
ferred men that they were carrying out strict or
ders when they made these excise arrests He said
he would give out the result of his inVestIga-
lions for a day He had sent word to all
corlplaindnts come before him and state
their cases A number Of Tammany Hall poll
ticians called Murphy and Devery yesterday.
It said that strong effort is being made 10 IN
duoe Murphy 10 let of the poolrooms reopen.
Murphy stands firm however. He does not intend,
n IS said that the Fifteen shall make any more
successful raids pool or gambling rooms II he
can help IL.