New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-07-01
CALLS 1T OPPRESSION.
Jerome SO ChdrdcteriSeS POolrOOm
Arrests.
GREENE CHANGES HIS MIND.

AS aftermath of the raids of few days ago
on alleged poolrooms in the Second Police Inspec-
ton District Inspector Ebert 2. Smith, in com
mand of that District Captain Hogan, of tho
Mercer-st. station, and Detectives Lynch and Nc
Aleese all summoned to the Tombs police
court yesterday afternoon to appear before Magts-
trate Breen and answer charges of assault made
in affdavits by James W. Cannon, Joseph p. Bell
and George L. Brown.
Warrants had been applied for on Monday by
Benjamin Steinhardt. a lawyer. and Magistrate
Breen had taken the affidavits presented under
advisement. Yesterday the afidavits were re-
turned to the lawyer for amendment and later.
when the afhdavits had been corrected, summonses
were issued instead of warrants In granting the
summonses Magistrate Breen took occasion to re-
mark that there must have been some mistake in
the service of the raid warrants. he had given
the officers who applied for them sixteen warrants
issued for persons described.
In answer TO the summonses the men cited ap-
peared In the Tombs police court. They were not
represented by counsel adjournment was
taken until next Tuesday morning to permit of
their employing lawyers. Mr. Steinhardt ap-
peared for the prosecution. District Attorney
Jerome was present in the police court and made
a statement to Magistrate Breen. He said:
Your honor issued a number of warrants for
number of persons in poolrooms last week The
officers now charged with assault as result
of the arrests they made OF course do not ap-
pear as representing the defendants. 1 wish mere
found them in an investigate ,..... g.
tions and SOL of the Penal Code as between bet
ting in a gambling house and betting in pooroom:
Section S44. a person who makes a wager is guilty
3t tcIonX} On the other haRd II person g, goes
of felony This statement Of fact is not gensT-
is evidenced by the fact that they made wholesale
Some time ago raid was made. and Inspector
Smith. who was in charge. decided that persons
felony. But this is not so. The police do not
know, these points of law, and when warrants were
of not making a mistake
can also conceive that the real action here is
under these conditions the offence must be wilfu
arrests were outrage. and l said so Immediately
after reading the accounts OF the raids II these
the comRlanants insists on going ahead with the
see that the assault theory would break down
Mr. steinhardt said that despite the fact that the
District Attorney denied his interference for the
Defence it plain that he was interested in their
behalf. He added:
never knew it was the District Attorney's part
to interest himself TO secure the freedom or de-
PENDANTS My clients were placed in cells, and sur
BEEN Charged with an offence based on crime
We're oppressive. They were sGnmi tc 40 20 INC
comes under assault in the third degree, and ask
that the case go on to trial
Police Commissioner Greene yesterday changed
his mind to Inspector Smiths wholesale arrests
On Monday he had said that he approved the in
spector's action. and gave his version of the
effect OF Section 351 of the Penal Code, that any
person found I'm poolroom aiding and abet-
ting the running of the pOoroom, and subject to
arrest for a felony. After a conference with the
District Attorney, however Commissioner Greene
changed his mind. and then sent the following
letter TO Inspector Smith:
After careful investigation I withdraw my ap-'
prevail of your action In arresng all persons found
in the poolrooms for the managers of which you
had warrants on Friday last The evidence you
had against these persons was not sufficient to
hold them a charge of felony under Section 351
of the Criminal Code, and the arrests should not
have been made.
I recognize that you acted In good faith. beIev
ing that it not only your right. but your duty,
to proceed you did in pursuance of advice re-
ceved the District Attorneys office. In similar
hereafter you will ask for advice from the
District Attorney himself, or. in his absence the
Acting District Attorney.
To this the Commissioner added the comment
that it much a policemans duty not % ex-
coed his authority to do his full duty. In the
future. he said. only the proprietors of poolroOmS
and their employees would be arrested.