New-York tribune., 1903-04-29
NEW TRIAL FOR GLENNOy
Court of 4ppeals Finds Errors in
Original Courts CHARGE.

Albeny April 2S-To Edward z; r.1s,-o
ex-Chief Devery's wardman. was granted today
by the Court OF Appeals new trial GIennon
was found guilty OF neglect Of duty in falling n
suppress house Of prostitution in West Thirty
third stSset. was dismissed from the force ana
sentenced TO six months Imprisonment and ap-
pealed to the Appellate Division. which affirmed
the decision of the lower court. Thence the case
came to the Court of Appeals
The opinion. by Judge Cullen, with which all
the judges concur is based on errors in the charge
of the original court to the jury It is held thai
answers Of the court to questions Of the jury re-
lating to the power OF the officer to suppress the
house Of prostitution were pTejUdiciaI 10 his
ease; that the jury was allowed TO suppose thai
he had had powers of entry and arrest not per-
mitted him By the law.
The great fault with the charge" says Judge
Cullen. lis that so far as II discussed the do
fendant's powers and duties It dealt with ab-
stractions and generaHties only. and even when
the jury requested instructions to the duty
Of the defendant to obtain evidence al it r.
ceived in answer to its request was a recital of
the charter provision. If the defendant. acting
in good faith. though vigilant in his endeavor
10 discover facts or proof tustifying either an
arrest or application for a warrant was urabIe
to do so then he not guilty. even though the
place was house of prostitution This was the
vital issue that should have been presented to
the jury
District Attorney Jerome said last evening
that he would not make any comment the
decision of the Court Of Appeals in the Glennon
case until he had seen the fun text Of the de-
cision
viii you place Glennou on trial again. was
asked
7 VIII decide about II 2when I have seen tse
grounds on which trial was granted and
the reasons for setting aside the first cOnvic-
ton Of GIennon." Mr.. Jerome replied
Mr. Jerome yesterday moved the dismissal ot
pending indictments against Detective Ser
geants Patrick J. Darcy and George Schoenick.
who were tried recently at Police Headquarters
on charges Of neglect Of duty Darcy and
Schoenick were associated with G1ennOn in the
Tenderloin and were indicted for failure 20
close den OF vice in the precinct just as Glen
non was Their trial at Police Headquarters
was substantially on the same charges. The
charges against them were dismissed By Cen
eral Greene on Monday.
Mr. Jerome also moved the discharge OF bail
in the cases of John II Shells, John Dwyer
and Patrick Cox, who were indicted on the
same charges with Darcy and SchOenick, and
who were tried at Police Headquarters some
time ago and were dismissed from the police
force. Judge McMahon. in the Court OF General
Sessions, yesterday granted the motions or MI
Jerome in the five cases
When Mr. Jerome was asked last evening Il
his action in the cases OF GlennOns former as
sociates in the TenderIoin meant that the case
of GIennon might follow the same course. ne re-
Piled:
THE case Of GIennon was distinct from the
cases OF the five men under indictment. and his
case is in no way affected by their cases