The sun., 1906-12-28

Stin you saw Ludden In the bright NRhs,
xnile ySu say the defendant was IA the
1ark. You identity the former but not the
aver, remerked Lawyer Gilroy.
hogan Old not volunteer 10 explain. He
was then asked 70 tell about casisinr Mr.,
Lraut,nan's arrest on Monday night. He
said she was lettering on sixth avenue
he shsdowed her. while trying 10 nnd a
po.iSsmsn. Failing in this, he said, he
man arrived.
Didn't you say you would punch her
syes Gut Y she tried to get awayt' asked
! No; / said black her eyes, I think.
Mrs. Trautman was called next. She
said that on Saturday night she was home in
Deu. This was oorroborated by her maid,
Nate Nevins, Earlier in the evening, upon
Turkish bath. The maid declar red her mis-
tress returned early in the evening.
when was the first time you saw this
oomPlainanti' asked Magistrate Finn.
stopDsS S9Srsy tS ,ooS evening ;Sto while shoppns
This man came up to me. Don't you know
me he said. noticed that his eyes were
wild Ignored him, but he was persist ent.
In desperation cried: i don't know you;
! you've mistaken me for some one else
Yes, you do know me- he said you're
the woman that robbed me. II you try TO
escape I'll punch your eyes out He then
pinioned my arms and called for q police
my husbands name and told him l could
Identify myself. l was treated very badly
IN the station house. They acted as IL the
case was joke.
This miserable affair has gone far
enough said Magistrate Finn abruptly.
You're honorably discharged.
Lawyer Wensley jumped to his feet and
asked that charge OF assault be made out
against Hogan for grabbing Mrs. Trautman
on the street. He had the surgeons wife
bare her forearm TO show black and blue
marks alleged to have been inflicted by
Hogan.
While the papers were being made out
friends fairly smothered the Trautmsns
why such felicitationsl' asked DR..
Irautman. There was no doubt as to the
outcome"
About this time Detectives O'FarrelI
and Peabody brought in Buffalo Kitty for
Identification. She resembles Mrs. Traut-
man except In some of the facial features
Their height and figures were nearly identi-
cal When Hogan failed to identify the
woman she was told 10 go. DR.. Trautman
then advised that the charge against Hogan
be Withdrawn.
Hogan, you may have been honest in
your belief that you were robbed" said
Magistrate Finn, but you brought this
good woman here on a charge which she
never could have been guilty Of. Let this
be- lesson to you. Next time you visit
the Y. NJ. c. A. library read books that |
will tell you the difference between right |
and wrong. You're discharged"
Mrs TralItman, speaking Of the case. said |
later:
1T was a terrible ordeal for me, but L |
was confident as to the outcome. From |
now ON l really will not feel safe on the /
streets. l once thought the United States |
the safest place for a woman to be without \
an escort, but have changed my mind"
Hogan, who was Rlum and refused to |
talk TO the newspaper men, was then
larA NH thsa ant
street entrance as the crowd in front began ,
to jeer in anticipation OF seeing him Coun- !
sci for Dr. Trautman hinted that some
action might be taken against the city with |
regard to his wifes arrest
An opinion which has a bearing on the
Trautman case was given out by Corpora
ton Counsel Ellison yesterday. II was
evoked by a communication sent in recently /
by Commissioner Bingham.
The question asked was whether in a
cass where a private person requests !
policeman to arrest another the precinct |
commander Ia justified in holding such ,
prisoner unless satisfied by credible proof .
OF guilt" I
Mr. Ellison said the subject was one that
should be covered by the rules Of the Police /
Department and that when private person
arrests another while Magistrate is sitting
ie il clearly the duty OF the police to take
the prisoner before the Magistrate forth
with. Continuing, the opinion says
when, however, a Magistrate is not
sitting and the private person brings his
prisoner TO the station house for detention
another question arises. That detention
must be justified or else the officer at the
desk is legally liable. What in such a case,
where an absolute duty IL imposed upon
the desk sergeant to detain everybody who
is arrested by private person and brought
to the station house for detention. is there J
to prevent a false arrest and the incarcera-
ton OF an innocent person. just those
contingencies should be guarded against
A. -s.IS - . n.. hiph tsf fha
paramount object Of the law, protected.
1t may be that the private person who
makes the arrest will not appear against
his prisoner the next morning; What re-
dress has the prisoner against him II It may
happen that he does not know his name or
his address, and what will, in such case,
shield the desk sergeant from liability
The Corporation Counsel then quotes an
old rule OF the Police Department which
provides:
when a person accused OF committing
q felony or misdemeanor IL brought to
station house when the police courts are
not open the Officer on duty TO whom
complaint is made il only to ascertain from
the party preferrng il that the act charged
is a felony or other offence for which a
person can lawfully be detained and that
there is reasonable ground for the COM
plant against the party accused. DE will
then enter the name Of the prisoner OH
the blotter and cause him to he detained In
the station house until the next morning.
He will also enter the name and address OF
the complainant and witnesses on the blot
ter and take the necessary measures to insure
their appearance before the Ma gistrste in
the morning.
Ii was said at the Twenty third street
branch Of the Y. NJ. &. A. last night that
Hogan would probably be dismissed from
the membership in the organization. The
officials admitted that the matter would
soon be placed before the board of man
a gers. One Of the secretaries said:
Hogan has brought this trouble on him
self and must take the consequences. We
do not think the Y. NJ. &. A. should suffer
from his acts
woman Indicted for Capital Crime.
Mrs. de Massey, who shot and kille