The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-06-30
GREENE FOR DRAG.NET RAIDS.
MAGISTRATES FIRM AGAINST
COMMISSIONERS STAND.

He Says Every Poolroom Bettor Is Guilty
Of Felony-They Want No More Ar.
rests Than the warrant Calls For
--Steiphardt still After the Police.
District Attorney jerome saw Police
Commissioner Greene yesterday and after
their interview said that his impression
was that there would be no more poolroom
raids in which the police would make whole
sale arrests regardless Of the number called
for by the warrant,
Mr. Jerome also said that he thought that
Gen. Greene would soon issue n general
order on the subject.
Gen. Greene himself defended the raids
and the arrests made in poolrooms by
Inspector Smith on Friday afternoon, and
explained his theory of the crime the bet
tom committed.
Section S6l Of the Penal Code. the Com
missioner says. covers such arrests. in
declaring guilty Of felony any persons
who aids or abets in any manner in any OF
the acts which come under that section OF
the code which relates to poolselling.
II the law recognizes the bettors in
poolroom as aiding in a felony. then the
police do not need warrents to make arrests
in such cases. Gen. Greene argues.
1t is on this Interpretation of the law that
Commissioner Greene and the critics Of
the. police disag gree. The Commissioner
holds that Section ISL is explicit in regard
to the cupability of poolroom patrons.
He said yesterday that he thought In
spector Smith was we'll within his rights
in taking the course he did, but regarded
it as unfortunate that SO many prisoners
had been taken, II only thirty or forty
had been caught in the net he had no doubt,
he said, that they would have been held
ny the Magistrate,
Asked about the letter of Supreme Court
Justice Gaynor, the Commissioner said
he wished the Justice would come down
and talk things over with him instead of
writing his protests.
The Commissioner intends to take up
the matter of the Interpretation of Section
35l OF the code with the District Attorneys
Once.
At the meeting OF the board of City Mag
istrates last night Magistrate Hogan asked
President Deuel. II the board could not take
some action to limit the number of ARE SITS
on warrant TO the persons specifically
named. Magistrate Cornell followed up
Magistrate Hogan by telling some expert
ences he had with the police when over two
hundred persons were arrested on warrant
calling for two,
Il understand that Commissioner Greene
made the arrests at the direction of the
District Attorney said Magistrate Mayo.
Il don't think that it is our place to INSTRUCT
the District Attorney"
Magistrate Mayo said Magistrate
Hogan, rising deliberately. Il remember
,k~x <l,,~ lioah v,riee,
made in such raid for humanitys sake.
SO far as the Police Commissioner is con-
cerned, have no confidence in him. since
his criticism of the City Magistrates. He
justifes the action OF some people just as
he was drunk on two occa ions"
This matter concerns us, said Magis-
trate Hammer. III the police are going to
make indiscriminate arrests and clog the
courts. we should take action. l have in
rant, that II they actually saw violation
Of the law the warrant would cover the
act
The Magistrate said that the matter under
discussion was not one for the board. II
was tho personal matter Of a Magistrate
when sitting, he said.
Il have said before. and l repeat it," he
added, that in my opinion the policemen
who make these arrests can be tried and
convicted for what they did. As Magis-
trates we are assigned to the courts to dis
pose OF prisoners brought before us. ldon't
know what We can do to stop these whole
sale arrests"
Magistrate Hogan then told the Magis-
elevator boy who was locked up in a police
station as cadet. The story was told in
THE SUN of Sunday.
lam not going to tell Gen Greene about
it. I would not tell 1t to a man who goes
to dinner and in speech eulogiz every
body about him and makes himself good
with the rest He ought to contradict
what he said about us. But he didn't; he is
afraid to-he's ashamed to.
.The excuse was made at our last meeting
that the Commissioners condition should
be considered; that what he said of us was
said in an after dinner speech
Magistrate Hogan's reference to our
last meeting was apparently to heated
discussion from which reporters were ex-
Guided.
Il see things going on in the police, that
are enough to disgust anybody. ! know
Of a police captain who is afraid to enter
police court for fear that he might be asked
If he had not perjured himself, have
no use for man who is continually ma king
excuses for some one-for his secretary,
who was drunk twice.
"This state Of affairs refer to is all a
farce. II is high time that something
should be done about it am not going
to run to any man who criticises this board
as that man did"
BENJAMIN Steinhardt, who appeared in
behalf of a majority Of the 500 men
arrested in Inspector Smiths raid, applied
to Magistrate Breen in the Tombs police
court yesterday for warra nts for the arrest
Of Inspectors Smith and Wiegand Capt.
Hogan and Patrolmen Lynch and McAleese
on charges of false imprisonment.
Mr. Steinhardt was accompa MED by James
". Cannon, one of the 5s5 prisoners wi o
we're arrested without warrant. 1t was
on Cannon's affidavit that the application
was made.
The lawyer told Magistrate Breen that
he wasn't particularly anxious to have
the policemen arrested, and said that he
would be perfectly satisfied il a summons
were issued, so that the matter could be
thrashed ont before Magistrate. He
brought to court copy of Justice Gay
nors letter, which he showed to the Mag
istrate.
Discussing the matter with Mr.. Stein
hardt Magistrate Breen said: u issued
the warrants on which those arrests wera
made, but they were given a stretch al
most of the imagination, whom they
reached out for 593 prisoners
Magistrate Breen took the affid6vits.
and said that he would consider the matter,
The District Attorney is not going
to help Lawyer Stcinhardt prosecute