New-York tribune., 1902-12-06
GAMBLERS RETAIN BLACK
EX-GOVERNOR TO TRY TO PROVE JA-
COBs PERJURER.
WILL. aRor-r THAT JEROME EXCEEDED
RIGHTS IN BREAKING INTO REPUTED
FARRELL PLACE.

Ex-Judge olcott and Abraham Gruber yester-
day admitted that their Law firm had been re-
-ained by william T Burbridge, the owner OF
the house No. 33 West Thirty ythird-st, 10 de-
fend the colored porter who was arrested on
Monday night at the reid on the place Eh-
Governor Black of the law firm will have charge
of the case. He had left the city 70 go to Troy
yesterday afternoon, when his law partners
were asked about the case, but his views were
known TO Mr.. Olcott. who said the intention was
10 attack the testimony of Jacobs, the detective
who made the affidavit on which warrants TOT
the raids obtained
The affidavit Of Jacobs Mr Olcott said, de-
c-lared that he had sambled in the house in
Thirty-third-st. on the night before Thanks
giving Dav We intend TO show that Jacobs
could not have ganbled there at that time. be-
cause al that time there were no gambling I'M
plements tables set Up there, and We intend
to show that Jacobs was not in the house al
that time. If Jacobs goes on The stand We VIII
have the opportunity 20 question him, and II
he is not placed on the stand then we viii nave
only his affidavit: but if we can show that he
has sworn falsely we shall ask to have him
prosecuted for perjury. II the detective COM
5nittef perjury when ne svvore he had been in
the premises and gambled there prior to the
night Of the raid. the search warrant obtained
on his affidavit was therefore void and an instru-
,nent of injustice. We also believe that the
proceedings Of Mr. Jerome and the police Off
eials under his alleged search warrant were il
legal and improper
Nobody in this Office has any sympathy with
the crime of gambling. but neither does any
one here. from Mr. Black down, have any sym
pathy with the procuring eveA of good results
rpy the use Of obviously false evidence by the
5Iegal execution of a warrant. AS has been
We'll said VindcatioG OF the Law by illegal
methods only degrades the law.
Perjury is pretty dangerous crime against
ihe peace and safety of the community. and it
ought to be punished. even though gambler
should have to he the complainant: and a mans
house is his castle and he has constitutional
rights in it, II it be alleged that he is hiding
crime there. search warrant may be issued
discover the crime; but it may not be used
10 excuse any other violation of his rights of
property than that waeh il expressly warrants
Even in the old days Of oppression man used
be commanded to open in the name Of the
law before his house was battered down about
his ears. If good District Attorney can mis-
use legal process against bad people, we may
some time reach 4 time when a bad District At
7orney will misuse process against good people"
Mr. Olcott did not say more in outlining what
MI Black might do in the case, but Mr.. Gruber
said il was plain to him that there had been
great disregard of law in the raid in Thirty
1hird-st The search warrant. he said was for
the house No SO West Thirty-third-st. but Mr.
JeroTne and the police broke through the party
wall into the house next door, thing the war
rant gave them right to do. The warrant
was obtained on an affidavit that crime had
been committed in No. :S3, and the police used
the warrant to break into No 81 in a search
for gambling implements. That was as much
disregard of law and right, he said, as II the
police had used the warrant to break into a
house in the next block.
District Attorney Jerome went to Lakevllle,
Conn. yesterday afternoon, before il was known
that Ex-Governor Black had been retained in
the One connected with his Office said that
he believed Jacobs had been in the house No
.s:s West Thirty-third-st. and had gaHbled there
f1efc,e the raid. The house had been believed 10
he a gambling house in which Frank Farrell
had IN interest. and being spoken of about
1oWn Farreils gambling house Before ia
Cobs sent to get evidence against Canfelds
and Farrell's 1t Evas said yesterday, Mr.. Jerome
arranged to have him -tTailed' by another man,
TO make sure that there would be some cor
.oboration Of his reports. Ex-Policeman ONeill,
who was dismissed from the force for declaring
5n front OF Devery that he would not submit TO
p "shakedown. said TO be the man who
followed Jacobs 10 the house in Thirty-third-st-
and saw him enter and leave the place. 1t is
said that ONeil can corroborate Jacobs as TO
The time Jacobs remained in the house the
night he swears he gambled there. Against the
testimony of Jacobs and O'Neill, il was said
yesterday at the District Attorneys office there
could be only testimony OF employees of the
gam blers.
Jacobs has said that he has been followed
since the raid by Suspicious looking persons.
and he is inclined TO think that they in the
pay of the gamblers and are watching for
opportunity to waylay him. He has declared
that he goes armed and is a ready man with a
revolver, and he viii shoot if he is moested