The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-12-25
JURY ACQUITTED MOUNTAIN.
JEROME WON'T TRY TENDERLOIN
CASES BEFORE A JURY.
Ills ONCE Hasn't Much Hope OF Criminal
Convictions Of Captains on the PRO
lection" COunt-Take EN- 10 Head.
quarters and Fire Elm Ont Is Easier.

tcctiOn" GOunt-Take EN- 10 deaOe
quarters and Fire En- Ont Is Easier.
Ex-Police Captain Daniel c. Moynihan was
acquitted at 5:25 O'Clock yesterday afternoon
~ jury in the Criminal Branch Of the
supreme Court Of the charge Of bribery
IN taking SIS protection money for the
disorderly house in last 10th street run
~ Antonio Laporti and Frank Pagliano.
When Moynihan was arrested month
ago he said he would beat the case. and
he did.
The jury was out about three hours
On the first ballot il divided. to 0,
aud then it went out and had lunch and
returned. After two hours had passed
the large crowd Of policemen and Others
Interested in Moynihan's case were sure OF
4 disagreement
When tho foreman of the jury announced
TO Justice Davy that the jury had acquitted
Moynihan the ex-captain put his head
down on his hands and began to weep.
Magistrate Pool, who is a member Of the
Loyal Legion. to which Moynihan also
belongs. threw his arms about Moynihan
and Moynihan returned the embrace.
They patted each others backs for some
time. By the time the Magistrate got
through embracing the, ex-polce captain
4 court room full of Moynihan's friends
were ready to wish him a Merry Christmas.
Moyrihan. when asked what he had to say
about the verdict. replied
1--WE got nothing to say. I'm going to
eat my Christmas dinner at home, as /
expected TO. They've got nothing agnst
me: il they nov want thin to bring it up.
Whin the jury was out more than two
hours l became a bit doubtful, but l got
me nerve agin. and now I'm going home.
1t was rumored that there were other
charges against Moynihan that would be
pressed, but Assistant District Attorney
Morgan said he knew of none. It's all
over he said.
The case grew indirectly out Of the arrest
Of Policeman Beadle of the West Thirty
seventh street station for eStorting money
from a woman who kept a free and-easy
fiat. The woman made charges against
Beadle. who is now in Sing Sing, and against
apt. Haughey $ wardman, Monroe Rosen-
field. Rosenfeld got ID making confessions
and the Moynihan case was built out of
his revelations, and subpPnas were sent
to Laporti, Pagliano and Frank Raimondo.
street cleaning employee and the self
confessed collector for Moynihan. They
were unwilling witnesses and were turned
into a room together to decide whether or
not they would tell all they knew to the
District Attorney. They decided 70 ton.
While they were making their decision
what they said in Italian was overheard
by dimunitive Jimmy Brandt, an Italian
cerl: in the District Attorneys office. who
hid in a closet. His report to MIR. Schur-
nan was 80 satisfactory that it was decided
TO prosecute Moynihan.
Moynihan produced one abb witness
called a friend named Hart, who swore
that Sergt Reifert. witness for the prose-
cution, had spoken Of the case as a police
| job to do" Moynihan and disposed Of some
apparently damaging testimony, with ear
nest denials. seasoned by fash N Of lrisn
Wit.
At the District Attorneys Office it was
I said after the acquittal that ii was evident
that there war little chance of convictions
| OF policemen in the trials at the criminal
bar upon any charge concerning the pass-
| ing Of money or concerning neglect Of duly
in not closing up disorderly houses.
II Is not yet year since the Court Of
Appeals upheld the legality Of Assistant
omnibus indictment. Mr.. Jerome said
! that that decision delivered the police
! force into his hands. Since then Capt.
Herlihy has been tried twice for neglect OF
| duty az Eldridge street and Policeman Kane
has been tried once for helping a neyress
rob sailor in saloon in Capt. Chapman's
precinct, and the juries have disa greed
! and Moynihan has been acquitted Mr..
| Jerome has already decided not to try any
Of the cases d the Tenderloin police in
regard to Laura Maurat's disorderly house
| IN West Thirty-third street except at Police
! Headquarters on charges.
THE acqui,tal Of Moynihan." said one
Of the statutory assistants while the jury
was out would be final and knockout
blow to any remaining hop Of prosecuting
| capt ms in the criminal courts for anyth hing
less than capital crimes