New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-02-14
P0IICE WIN CLUB CASE.
-,.~:etrafc Refuses to Order Hlth-
sro,,qI from Suspected House.

.,.-s-se- Euittel and John J. Man
~ ~. ,---of- station plain clothes men, Tcre
fl-' r. rererela Market police court lesiei-
t-ll5'o ---.-e-.,sn cul Inspector Walsh ano
&. r:rrfeIud were called as Nl''.'0'9 ID
lsf's-' -.-4.-r counsel COR the ccmplalnsnts
s-a0ae. -.ee were issued OBJ tHe atiaatt ~
lfF - tHe faritor of 80 81 West thirty
jane 80 s-~reai.. -at-arrns - the Duc's lfclm
.f7-7-. -. -,r-,-lce that house. TIC police have
C.7 ,...v -l.a house alleging poolro-1n was
ben u1t1----a
-.r tte-e .-..,..,..,,.e.- rrv.,r Mas I'm
air. Assistant Cooperation '"-i'.e- N-'Ll''',
c'- -.- A-a-.lc. o. tie lharles-st station ai--
cd 80 a-..s.s were thela. expecting ruling
otae- .,....s The police -lF, used Of late IN
.-Ei-r suspected places. -
49,, stated thar on FecrGaT. ana IT, lhe
hel-l-- -,f-5 the house from 10 5.45 p. H. On
30. n three uniformed poAcenlen were STA
Fe5--~. - e-1or Of tile house. in addition 10
tols. s-ef5p and every I've minutes inc patIol
10 s.,.rs call at tie front door on February
S7s'D - forced thei- way by the man az
~. NE officers Of The club We're for the
-is - actors. as were The members. ken
- 5scla-ed 49,
7s-. - walsh called to ne witness stand. said
,..,s-s q complaint he'd been TecelNeu az
ti H.1..s~rs-.e-s arainst tbs place. and from
-.,o-.s submitted TO Captain Furieind aE the
r,H'enen on i1st -'-7
-, po0.r0om.
- s-v less than Two weeks ago he vas al
~ t-e,s-r TIE premises and he was shown
- -, q r7er named % kcefe the reputea pro
,-sto- az the place
n 80 q talk with Okeofe.' the Inspector test
- ia said De would not fight back any
- 49, le would close up the game. He said
80 ,-of,rr saw Kennedy about the
-. be never ordered me out as he testified
= "a. he sfrrly admitted me that DAY when
= o,Keefe. and on a later day De oolted the
- door when he saw r1e about 10 mount the
- 7 drew from what O'heefe told me that a
$50 =, befre conducted in the house. and 7
v-a--le6 The house a. might as We. as ID me al
..--,o- simply wished 20 be sure that no game
was run az night
800 -bs- -se notice acted with malice" as
-,.sss Cor bv that section OF the Penal Code
1000 ~ aonnression" Counsel Tor Kennedy
------ N es-~bIs. malice by showing that the
5ics intended continuing Surveillance OF tie house
-s-s--r The termination Ct The present action and
.-tar5e6 keeping policemen iu the house. The
magistrate refused 10 order the police 20 withdraw
Magistrate Breen szil.
This is mater q the greatest moment in This
city anG a matter thai must De looked To I'D order
20 prevent b becoming a scandal u Is a matter
thar calls Tor nc clGlo9 o. Al-IeE court nan
ms Defining the attitude q the police IN acting
il cases of Jhis kind without warrant. an opinion
a. the higher courts would rlaIli} a mHcn nooled
point and ~ rle same time take up countess otle
underlying points ln this matter. shall not ho-d
either OF these defendants. however. unless am
SATISFIED that they have violated their duty. shall
take the case under consideration Tor "a few days
cld announce ElE decision later
Counsel for Kennedy declared that II the police
nolestcd the house again an additional application
VIII be made in court for warrants charging an
other offence O. oppression.