The sun., 1903-03-26
A POLICE CAPTAIN ARRESTED.
0AYNOR TAKES UP A CASE OF
' fALLEGED OPPRESSION.
!Tsbasss Dealer says Capt. Summer and
Three Pstroimen Hava Camped Out In
His Place l>seking for Peesrsem Evi.
depce-Magistrate Dismissed Charge.

iT06aBo Dealer eayB Cnpt. summer AM
~ Three Patrolmen Hava Camped Out Il
h His Place I,eeking fof Pee,rsem EvI
n dence-Magistrate Dismissed Charge
H Capt. Patrick Summers and three police
men of the Hamilton avenue, Brooklyn
statton, .srs arraigned before Justics
uaypor OF the Supreme Court yesterday
morning on a warrant issued by the Justic'
the night before. with the result that or
Monday morning next, to which date the
hearing was postponed, the question OF nov
far the polics may 60 in surveillance OF
premises on which 1t is suspected there II
gambling will came up for judicial inquiry
Justice Gaynor has already shown Ms
int crest In this subject by the article which
he recently wrote for the North Amer1cdn
Revisv, In which he severely criticised
the methods Of District Attorney Jerome
notably in the Garfield case. -.
Eugene Conran. counsel for Micnaei
McPadds1, a tobacconist at 10 Hamilton
avenue, Brooklyn. called on Justice Gsynor
late Tuesday afternoon with the request
that the Justics. acting as Magistrate
under Section i47 Of the Code OF Criminal
Procedure, Issue a warrant for the arrest
of Capt. Summers and Patrolmen Thomas
Lynch, James Gillen and John Green all
of the Forty-hfth precinct. on . charge OF
having -wifully and maliciously oppressed
McPadden by invading his premises ana
occupying the same. against his VIII aho
against his protests, from and inciuong
March IL until and including March "a.
Mr.. Conran explained his unusual course
in applying to q Justice OF he Supfshsne sha,
Court for such a warrant by saving that
he had made application for the warrant 70
CITY Magistrate frank z. OReily. and that
Maaistrate O'Reily had refused 70 issue u.
McPadden, In tho complaint submitted
10 Justice Gaynor, sets forth that the tour
poliosmen have come to his cigar store AZ
About O clock every morning since March
u. and that one or more OF them nave re-
NAMED In il all day, deterring customers
from entering and also giving the store
. bad name.
Justice Gaynor issued the warrant, and
on the back Of the complaint he indorsed
the following:
BY section i47 Of the. Code Of Criminal
Procedure. Justicse Of the su pfems Court Court
are MasistIsts: but their time is too ,minai mTSh
tain this only because a City Aagistrate has
70 sntsrtihn ;hn, the he not snS ouy being
Wrouged. but denied Justice oy the Masis-
trates or courts.
The warrant was left with the sergeant
Of The Hamilton avenue station ana the
Justice Gaynor yesterday morning.
Under the provisions Of the Charter
n CITY ofIcal against whom proceedings are
taken for acts OF his done In the perform
ance Of his duty may apply TO the Corpora
The accused policemen applied to Assistant
Counsel James Mckeen. In
charge Of the Brooklyn branch, and he as
signed Patrick Z. Callaha n OF the Brooklyn
Office TO the case. AT the request Of Mr.
Callahan. Justice Saynor postp0neo me Ths
prisoners were paroled in Mr.. Csiiahan's
The room over McPaddens cigar store
10 occupied by tho Water Front Social Club.
IN organization which Mr.. Conran. McPad-
and bad been in existence eight
or nine years. The police have the I'm
preston that It Il q poolroom or gambling
resort Of some sort and allege that a. their
'ssson for keeping 1t under surveillance.
On March " Capt. Summers arrested
IN the premises, charging him With as
aunt. Steieee entered the cigar store cn
hat day. passed behind the counter and
vent Into tie little room In the rear where
s the stairway leading up to the club
'ooms. Capt. Summers followed closely
ordbly intsrfered TO prevent the captain
St,lSes was arraigned before Magistrate
} Reilly and then IL was that Conran, coun-
el for McPadden. made application for the
variant against the policemen. which was
The ca.s against the accused policemen
> bassd on Section $50 Of the Penal Code.
Which reads:
A pubic ofacer. or q person TretendinG |
o ,. such. who unis, fuzzy and mslia,Ousiy:
inder preterce or color 81 authority
ioes any Other act whereby another person |
: rjtred In his person, property or rights |
,ommits oppression and Is guilty OF mis-
iemeanor.
the policsmsn doubtless acted said |
lssist ant Corporation Counsel McKeen I.
'on their interpret All ion OF Sec |
ion SIS OF the Greater New York Charter.
elsaive to the powers and duties Of the |
,olios. Mr.. Metcalfe int reduced on Feb. |
In the Assembly an act TO amend this /,
so ION, and I have been Informed that |
urics Gsyuor favors Mr.. Me,calfe's amend
Tns par, Of Section SIS on which the polio.
n this case must stand on their defence Is
Il l. hereby made tn. duty of the Police |
Department and force at all time. cf the day |
md night 10 carefully ob-~rve |
nd insp~ all lottery offc>., policy |
hsps and places where lottery y.kets nj /
ntaegy p,lie,e. are .old OF offered for sale |
II gambling houses. cock nits and rat pits.
Tbis \ one of the clauses which are n rioken /
an by ii ~ AescAlfe amendfnent