New-York tribune., 1903-01-01
BRANN HOLDS BROOKS FOR TRIAL.
Justice Scott Refers to Justice Gaynor's Ar
ticle as Settling Gambling Case.

Magistrate Brann. whose term of Office expired
at midnight last night. in the afternoon held for
trial on the complaint OF Richard A. Bucklin, him
self charged with managing Richard Canheld's
gaming establishment in East Forty-fourth-st.
Police Inspector Brooks. who is accused of exceed
ing HIS authority in forcibly entering Canfelds
place in the raid of December 1. The charges
against Inspector Brooks have been generally con-
sidered effort the part Of the big gamblers
to fight District Attorney Jerome.
The evidence" which Magistrate Brann decided
warranted holding the inspector was given by
John Delahunty, Canfields attorney. at d preirni-
nary hearing. Bucklin. the complainant, was not
present and. despite plea of ex-District Attor
should be present and crosse amined, Magistrate
Brann ruled that il unnecessary. Delahunty
refused to tell what his clients business was, but
testified that he in the place when the raid
made, and described how forcible entry was
made. He vas uncorroborated.
Inspector Brooks declared that ne went to the
house with warrant of arrest; that he knocked
at the front door; went to the areaway and pushed
electric button and shook the iron gate. so
that it could ne heard: that he received no re-
sponse. and then smashed in the window. His
testimony was rorroborated by Sergeant Henry
Cohen and several others.
Mr.. We'll of counsel for Inspector Brooks, In
formed his client of the decision. the Inspector
went to the Magistrates chambers to surrender.
Magistrate Brann would accept bonds for
the Inspectors appearance and wanted to parole
him for trial. The Inspector and his counsel re-
fused to accept parole
Inspector Brooks was taken before Justice Scott,
in the Supreme Court. by Sergeant McCiirr. accom-
panied by Moses We'll District Attorney Jerome
and Assistant District Attorney Gray were there.
Mr.. Deahunty. accompanied by John T. Little. jr..
who, with ex-Justice Fursnan. represents the COM
plainant asked Justice Scott if he might be heard
on a question of adjournment. Justice Scott said he
would hear no one but the District Attorney
"I understand said Justice Scott, asticaly.
that this has already been decided in the
columns of The North American Review.
Mr.. Jerome said that he did not consider IN
spector Brooks properly in custody. He had not
been placed in the custody OF anybody except on
his own demand and there was therefore no rea-
why the writ should not be dismissed, mas
much as there legal restraint from which
he could be released. Justice Scott said he con-
sidered this would be the proper course to
adopt and that he would dismiss the writ
Mr.. We'll asked Justice Scott if ne would not con
slider Magistrate Branns commitment justice
Scott refused TO do so. and said:
This ctice Of bringing imaginary wr1ts MADE
for the purpose of bringing up such matters Is not
competent.
Deputy Commissioner Piper. at Police Headquar-
ters said police had reliable information that
the gamblers consolidated their interests. and
would spend as much S1.90o,000 on this one case.
But" he said, they don't make move tnat
we don't know all about. We realize the desperate
characters of the men we have to deal with, and
strengthen themselves. Their object seems to be
to oust District Attorney jerome. but to do that
they will have to get very early In the morning
and go to bed very late at night