New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-05-24
SOBPOENAS W. o. MEN.
Jerome May Try to Get Poolroom
Evidence in Books.

In the poolroom yesterday was. . day OF
unexpected moves on both sideA DISTRICT At
torney Jerome. by issuing subposnas Tor two
high officials OF the Western Onion. showed that
he had not laid down his probe. II Is said that
effort will be made 20 get ths books OF the
company into court IN the John Doc proceed
ings. and In that way get additional poolroorn
evidence. The general impression IS that
Jerome's latest move Is not direcssd against the
company. but Is mads 20 get black and white
evidence against the pooroons. OF course the
books would show the exact nature Of the rela-
tons that hitherto prevailed between tho
Western Union and the poolroorns.
Tho pooroom men began to show their teeth
One faction threatened to have Police Commits
sioner McAdoo and Inspector Schmittberger
rested In civil actions for damages Tor false I'M
prtsonment- Others OF the bet taking fraternity
besought Tammany powers to call ofr'' the
Police Commissioner. and IL he would not be
called off, TO send official TO AIuIberry-st.
To-day attorneys employed by poolroom own
ers will make a fight IN court against what they
call "the Jerome method OF drag net inquiry
They declare that the arrest and the arraig1-
ment before a magistrate 'on information and
belief is arbitrary measure. and not sup
ported by law. They are prepared TO carry the
cases appeal to the highest courts unless they
are dropped actual evidence OF crime is pro-
duced-
1t was on the strength OF documentary evil
dence that turned UP in the recent raid Ma
honey's pooIroOn alleged to be a distributing
agency in West Forty-second-st.. that subpoenas
We're issued yesterday by Justice Wyatt for Su-
perintendent Dealy and Assistant Superintsnt-
eut Mitchell OF the racing department of the
Western Union
Service was made at the Western Union Build
ing No 195 Broadway. by Detective Jacobs.
I who got the evidence against Canfeld's place
some time ago. A third subpoena for man
known as 'Frenchy." said 70 be chief Ineman
OF the Western Union. not served. the
officials Of the company said they knew
OF that name. Later ''Frenchy's'' real name was
obtained by the District Attorneys office. and a
new subpoena made out. The subpoenas are re-
turnabIe this afternoon at O'Clock, Justice
Wyatt sitting committing magistrate. An
effort will be made by Mr. Jerome to have an
open hearing
President Clowry refused yesterday to dis
cuss the serving Of the subpenas. District At
torney Jerome said that he still believed the
Western Union was doing all in it's power to
suppress poolroons-
The threat to bring about the arrest OF Com
missioner McAdoo and Inspector Schmittberger
comes from Daniel O'ReIlly. representing the
New-York and New-Jersey News Distributing
Company whose place in the Park Row Build
ing was recently raidet by the police One Of
the employees. Joseph Kless. was locked up for
five hours and forced to give bonds The suit
for $500 damages will. according to O'Reilly,
probably be brought to-day IN the City Court
The Western Union and the New York Tele
phone Company are threatened with darnags
suits for breach of contracts. The contracts for
telegraph service were verbal and viii be hard
TO prove in court. With the telephone COM
pany. however. many OF the poolroorns have
written contracts. Several OF them made de-
mands yesterday John H CahiIl. secretary
Of the company for the restoration Of the tele-
phones and wires seized by the police. II these
demands are not complied with, suits for
damage will be begun
The arrested in the raid On the roof
garden at No Al Broad-st. viii be brought be-
fore Magistrate Ommen this afternoon at ESQ
They will be defended by Terence J. McManus.
OF the firm of Black, Olcott, Gruber Bonynge.
who is prepared tor a bitter fight with Assistant
District Attorney Sandford over the "dragnet'
method of getting testimony from prisoners
rested and arrafgned information and belief
This decision shows that the appeal courts
OF this division waking UP to the danger
ously arbitrary methods employed by both the
police department and the prosecuting attorneys
office L think that will shortly be able to
break up this illegal practice. AMI going "a
have a try at it tomorrow If the assistant dis
trict attorney tries Saturdays tactics.
When asked yesterday why Mr.. Sanford had
used the Bowling bill in court on Saturday. Dis
trict Attorney Jerome said his assistant had
simply been "sparring for time" He said fur
ther:
The Bowling bill was never intended for such
a purpose. No has right 70 go out and
make raids without sufficient evidence, at
least just ground to believe that crime is be-
Ing committed. II the evidence can be obtained
in no other way. or if the evidence already had
must be strengthened. then the Bowling bill
would apply. But do not believe in catching
meG in a raid and then attempting to force
them 10 testify. That will never be done as
long l am District Attorney.
-All of the raids made so far have been with
out consultation with this office. Mr.. Lord tells
me that there is not scintina of evidence in
any of the cases. and he does not see how We
can ask the magistrates to hold the prisoners.
1 want to cooperate with Commissioner EIcAdoo
all 1 can. but l am astonished many men
were arrested with no evidence at ALL
1T is hard 10 get information about these
racing bureaus. IL is no crime to send out rae
ing news. and that makes the evidence harder
to get. 1t is necessary to show the crimnl.
connection between the bureau and the pooI-
rooms. In cases of this kind the Bowling bill