The Providence news. (Providence [R.I.]) 1891-1906, 1902-05-29
Recorder Goff Of New York
Scores the Police Severely.
NO RIGHT TO PLY QUESTIONS
That Is The Magistrates Duty Solely, and
as a Result The Prisoner Is SET
at Liberty

New York. May 2s.-In scatching lam
guage Recorder Con-. in the court OF Gen.
eral Sessions, denounced the third de-
gree" as the system used by the police
10 extert confessions from prisoners Is
termed. He declared the practice was dan
one but a magistrate had a right to ques-
in the room. and they listened eagerly to
every word from the bench.
II was during the trail OF Jerome VIC
tory on a charge of burglary that Record
er uttered his denunciaton. The jury. af-
ter five minutes deliberation. acquitted
the prisoner. Victory. who is eighteen
years old. is a painters helper. and lives
at 5sl West Thirty-ffth street. lie was
accused OF entering the apartments of
Bartholomew Genero, at 2305 Eighth ave-
nue., on the night OF April IL, 1901. A gold
watch. a gun and sos in cash were taken.
Policemen Schuyler and Sweeney, OF the
West 125th street station. arrested Vic
tory and one John Flynn, and said a
third man escaped.
James Lindsay Gordon and Philip Wal
thering, Victory's counsel. declared their
client was the victim OF police plot The
young mans trial had been postponed
eight times. Finally Father Curry. of st.
James church. a frequent visitor at the
Tombs, spoke TO Recorder Gof about the
matter, after hearing Victory's story and
emphatic denial OF the crime, and the
case was put on the calendar.
RECORDER CONFUSES POLICEMAN.
Policeman Schuyler, the first witness
called. testified that he had found the
watch and gun in an area. where, he
said, Victory had thrown them. The pris-
oner's lawyers said this could not have
been so. as not even the crystal Of the
watch was broken. Recorder Gon exam
ined Schuyler for more than two hours,
and under the fire OF his questions the po-
liceman seemed to become confused.
Policeman Sweeney testified to the ar
rest OF Victory, and told of an exciting
chase in which a cab was pressed into
| service by the pursuers Then Detective
Nell. Of the West 125th street station, was
placed on the stand.
Questioned by Assistant District Attor-
| ney Smythe as TO conversation he had
| had with Victory In the station house,
| Nell was about TO tell what had occurred
when Recorder Goff interrupted and said:
question this MANI"
II am the precinct detective" Nell at
tempted to explain, but the recorder cut
him short and continued:
THE police have only business to keep
a prisoner I'm safety, and not TO put him
through an inquisitory degree. They
transcend their power every time they
question a prisoner No captain. sergeant
or detective has any right to question a
tot lg l,a otrat ta'a 6ttfx
1t is a dangerous and malicious practice.
The law is as supreme In the police sta
ton as anywhere else In the land. The
police have no more right to break the
law there than they have elsewhere"
CALLS 1T POLICE PLOT.
Mr.. Gordon moved to have the recorder
instruct the jury to acquit the prisoner.
The recorder denied the motion. saying
he wished to get to the bottom OF the
case. Mr.. Gordon said:
This is one OF the worst conspiracies
to railroad an innocent young man that
has ever been heard of. 1t is simply
malicious plot on the part of the police
men to further their own ends
II will prove that this young man,
who bears an estimable character. took
a young woman to dance on the night
I'm question After he had escorted her
home and was returning to the house OF
his aunt he saw two policemen chasing
two men.
AT 18th street and Eighth avenue he
Joined In the chase, curious as to the
outcome OF II. when the policemen jump
ed from cab and arrested him. Victory
was struck In the face repeatedly be-
cause he would not confess to being Inn
pIicated In the burglary"
Victory was called as a witness In his
own behalf. and repeated the story told
by his lawyer as to the circumstances
which led to his arrest. Mr.. Gordon said
that when the policemen learned bur
giary had been committed they wished TO
save themselves and arrested the first
person they met.
In his charge, Recorder Con- said the po-
lice testimony was not such as To COM
| mend itself to the jury. and verdict OF