The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-07-01
POLICE RAIDERS IN COURT.
SS'MNONSES ISSUED as RESILs'
OF WHOLESALE ARRESTS.

MIR. jerome Says Inspector Smith and the
Others Acted In Good Faith on the
BAD Advice Of q Young Asslstan
Greene Stops the DraS-Net Raids.
Police Inspector Ebert o. Smith, Capt.
Hogan Of the Mercer street station and
Patrolmen McAleese and Lynch of the
same station were summoned to the Cen
tire Street police court yesterday after
noon to answer a charge of assault in the
third degree, preferred by Joseph W. Can
non and Joseph P. Bell, who were arrested
in The. Aliens poolroom last Friday,
the day that Inspector Smith arrested
500 men on warrants calling for only 10.
The police officers summoned were the ones
known to have participated in the raid
on Aliens place.
Benjamin Stenhardt, attorney for the
compliments. had asked for warrants for
the policemen, but Magistrate Breen is
sued summonses instead. The Magistrate
made the following statement before the
summonses were issued:
"On June "a issued warrants for eigh-
teen persons, all described as Does or Roes
Under those warrants moro than 500 per-
sons were taken into custody. Manifestly,
the warrants could not have applied to
all those persons. The question now resolves
itself into one as to whether an inmate
Of an illegal resort for whom no warrant
has been issued can be taken into GUS
tody. consider that very deep question
Of law is involved here. one that strikes
fundamental principles. Therefore have
issued these summonses.
The case was called at 8 o'clock, and all
the prisoners were in court. District At
torney Jerome opened the proceedings by
making the following statement
The affidavits in this case charge assault
in the third degree. From what / have
been able to learn the crime charged was
committed through a misapprehension on
the part OF the police OF the difference be-
tween section 35l of the Penal Code. under
which the arrests were made and section
344, which says every person playing in
a gambling house is guilty of felony.
Il cannot appear for these defendants
and have no wish to do so: but deem
it part Of my duty to lay certain facts be-
fore this Court Inspector Smith sent a
man to the District Attorneys Office to
OuI WuctlcI ne ildu
tine warrants ITO arrest anybody and every
body he found in the places he raided.
The man was advised by one of my
assistants, Mr.. Pechner, a very estimable
young man, but still very young man
and inexperienced, that everybody caught
In the places might be arrested Acting
under that advice theInspector went ahead
and made the wholesale arrests. which
were an outrage, and for which there was
no legal justification. My assistant ought
not to have given any such advice
Il do not say these things for the pur-
pose of making light OF the offence, and
know very we'll that what l have said
cannot constitute any defence for these
defendants, l have said what / have
Honor that these policemen acted IN good
faith, and not out of any malice. | may
add that think the charge of assault will
hardly hold, and that il should be- changed
/ to one OF oppression. In that case, it would
be necessary for the complainants to show
malice on the part of the police in making
the arrests All of these policemen are
liable to civil damages, but want to say
that if this criminal charge is pressed
shall he glad to render to the attorney for
the compainants all the assistance in my
power | think, however, that if the Grim
inal charge is pressed the defendants ought
TO have time to get counsel"
at doesn't make any difference to me"
said Mr. Steinhardt in reply, whether the
charge is assault or oppression. But the
position of the District Attorney il some
what remarkable. The District Attorney
says he can't represent these men. but goes
on representing them just the same"
1t was finally agreed 10 adjourn the
cases 10 July Lat II o'cl OK Inspector
Smith and Capt. Hogan said they expected
that the Corporation Counsel would de-
fend them, since they had, legally or
illegally, been about the city's business,
and the city should supply them with
lawyers.
The young Deputy Assistant District At
torney who gave Inspector Smith such bad
advice was appointed to Office al the re-
quest Of Borough President Cantor, whose
stepdaughter married young Mr.. Pechner.
Police Commissioner Greene withdrew
his support yesterday of the wholesale
arrests made in the raids. After con-
sultation with the District Attorney, Com
missioner Greene sent the following letter
to InapoctCr Smith;
Sir, After careful investigation | with
Ing all persons found In the poolrooms for
the managers OF which you had warrants
on Friday last. The evidence against these
The charge Of felony Under 70 section "ST n Isl OF
the criminal code. and the arrests should not
have been made,
believing that 1t was not only your right,
but your duty. to proceed az YOU did. in
pursuance of advice received at the District
Attorneys Office In similar eases here
after you will ask for advice only from the
District Attorney himself or, in his absence.
the acting District Attorney. Very re-
specially F. V, GREENE.
Police Commissioner.
Speaking of future raids, the Commits
sioner said Hereafter the police will
make arrests for violations OF the laws
against poolrooms under section 35l of the
Penal Code. and they will arrest only tho
proprietors OF the places and their ON.
ployees, II is quite az important that the
. police should not exceed their duty as