The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-05-06
POLICE MUSTN'T PERMIT VICE,
COURT RATIFIES DISMISSAL or
SERGT. CHURCHILL.


Appellate Division Unanimous In Favor 81
Decision Of Commissioner Partridge In
IOO7-AsCused Failed 20 Close EVn
ResOrts-BlaHied DeyeFy and Cross
james Churchill must stay an ex-seTgeant
Of police. under the decision rendered by
the Appellate Division yesterday on hls
appeal from his dismissal by Commissioners
Partridge, on Nov. Q, 1902. Tho unanimous
opinion Of the Court is that on the evidence
there was nothing for Commissioner Part
ridge to do but dismiss him.
Churchill was appointed acting captain
Of the Fhteenth precinct on Nov. u, 1901
In the following May, charges were pre-
ferred against him by Inspector Croas
who had made several maids over Churchilrs
head. The charges involved neglect Of duty
IN falling to close a number Of disordsrly
houses. and sending Ia false reports to
Headquarters, also conduct unbeooning
an officer in giving out interviewH abusing
his superion, Devery and Gross, Who, he
claimed, were down on him for sever9l
reasons.
The opinion, written by Justice AoIAugh-
lin, says that the record, containing over
5000 pages Of testimony, which Is too dis
eNaAb - ~ AAANAAN W ApNAo"f 49,
a convincing case against Churchill. The
places be was called upon to close, the
Court remarks, were notorious; he must
have known Of them, and bad bs honestly
and In good faith attempted 70 close them
be could have done 90.
While Il may be true that some feeling
eHisted between Churchill and Inspector
Gross. the Court argues, that = no excuse
4 t. L.. n. Il A.
b matter Of record that his patrolnon
reported certain places to him as DIS
orderly, yet he failed 30 30 report to head
| quarters. Justice Mclaughlin comments;
One cannot read the. REALTORS cross-eKAmi;
| nation In relatio n TO the house At "a Second
| street and his subsequent acts IN connection
| with the arrest Of Blanche Vernon, the pro-
the conclusion that such house was permitted
| cOnnlvanoe.
This house was raided on March II, i0Q2,
| and the Vernon woman arrested with the
inmates. Churchill Was standing across
the street at the time OF the Taid, yet he
had himself put down on the blotter as
the officer making the arrest. The warrant
for the raid was Issued on Saturday after
noon but IL was not executed till the Mon
day following, though, remarks the Court
II IL well known that Saturday night
| or Sunday morning Is the bet time 70
execute such q warrant. When the officers
entered, the women Of the place were in
street dress. all ready to be taken to the
police station. The opinion continues:
The conclusion Ia irresistible that infor-
| nation As 70 the existence OF the warrant,
and the time 1t would be executed, had been
! conveyed by some one 20 Blanche vernon.
/ When abe entered the station house hor
! bondsm was on hand.
! Churchill, In his defense, tried to show
that the reduction in his stAR OF plain
| clothes men was responsible for the open
! ing Of the resorts. The day following
! the reduction from twelve to six men, he
! testified, twenty-eight Of the places opened.
Justice Mclaughlin comments again.
! It cannot be that places Of the character
/ described gprang into existence ~ an hour
! OF a day. They were OF long standing. The
! character and number Of people that Iesorted
/ TO some OF them indicate this, as well as the
! testimony upon this subject Is incredible
/ aud unworthy Of belief.
The efficiency OF the police force Is the only
thing that can prevent. In q great city ike
mission Of crime. II is the protection which
| the citizen has as 70 his person and property.
] and there cannot be an efioient police force
n an onloer dis9haTEing the duties which the ..
reason Of inoompetency, or unwilling by
! reason Of being In league with yiolators OF
the law, TO prevent the commission Of crime
ne e Tf,esn tPS' p Tss While he Was in
charge. The Court would DO derelict In
| its duty II IL did not. In so far az lies In its
power. place lis stamp OF disapproval upon
the acts Of an oficiGl who by his Inactivity,
/ flourish as IL did In this precinct.
Three Of the justices ooncurred fully
| with Justice Mclaughlin. Justice Pat
| terson concurred In the result only.