The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-11-12
WALKING BROADWAY NO CRIME
MAGISTRATE WHITMAN HITS AT
THE BONDSWAN GRAFT.
Policemen Who Made Many Arrests with
ont sufficient Evidence Come In for a
CHILLING. and the Court VIII Take the
Matter to Commissioner bingham.

brothers, plain clothes men detailed to the
Tenderloin police station, aroused the
wrath Of Magistrate Whitman in the JefTer-
son Market police court yesterday because
Of their wholesale arrests Of women, appar-
emily solely that they might be bsiled out.
In consequence the two policemen came in
for a grilling and the bondsman system re-
ceived "a hard jolt. The two detectives had
arrested fourteen women between them
and against hut three of them did they
hay any evidence. Against two OF these
women they made out a case and the women
were sent 20 the workhouse. The third
woman was fined $40.
The first Of the fourteen cases to come
before the Magistrate was that of Thomas
McManus against a woman who called her
self Lille Brown. McManus testified that
she was soliciting men on Broadway and
that he was 100 feet or more distant from
the girl at the time and could hear nothing
Of what she said. That angered Magistrate
Whitman and he lit into McMa nus, first call
ing a s:enographer to take the testimony,
i am bound by the law and nave no right
10 hold this woman, he said. IF you had
heard any OF the conversation, il you had
heard this woman solicit any one, if she had
solicited you or il any one had accused
her in her and your presence OF soliciting
him, ] might be able to hold her. All that
you saw was a woman in conversation with
a man. You cannot even prove he was
not her father or husband or brother. The
fact that her character il bad does not prove
that she has COMMITTEES a crime. Unless
you heard this woman solicit you cannot
wear she was lettering for that purpose.
But you have lust sworn that she was loiter-
sn- g. NlnN ,,rRa N,V xyA.N as trat, l1l
not hear her solicit any one and that she did
not solicit you.
Il want to assist the police in getting
the streets clean. but ! want you to get
evidence. Any one can see women talking
90 men on the streets. You are paid by
the city for the purpose of preventing
crime. If all you can do is to arrest women
who are talking to men on the streets -"
W never make a mistake" interrupted
McManus.
At this ~iuncture Magistrate Whitman
noticed that a fine line had been drawn
through the printed words for the purpose
OF importuning and soliciting men" and
that the affidavit set forth merely that the
women were lettering. He got more in
dignant.
This complaint, he continued, docs
not constitute a crime under the laws of
the State Of New York. 1t is no crime TO
loiter, but il il a crime to loiter for the
purpose of soliciting and ~importuning
men, which you have crossed out of the
affidavit. | have a right to loiter az long
as I want to-. If ] loiter for the purpose
Of committing a Grim that is a different
matter. You have not shown that this
woman solicited at all. 1t is a simple matter
to go out and arrest these women. It
Is another matter to get evidence. but you
can get evidences If you want to. You know
as we'll as | do that if you get sufficient
evidence | will send these women to the
workhouse; il not ! will discharge them.
You have no right to bring these women
here on such a charge. Every woman
ia New York has a right to loiter If she
wants to. If the Police Commissioner
wants you to make such arrests he can give
orders accordingly, but the women will not
De held in this court. l am going to send
TO him every one OF these complaints and
the testimony
Then the Court put McManus through
a cross-eXamination.
Did you hear this woman say anything?'
he asked.
Il heard no conversation, " was the reply.
did you see this woman do anything
other than converse with two men whom
you don't know
Yes"
What else did you seer"
Il saw her walk on Broadway
Saw her walking on Broadway
YES. Walking up and down in different
directions at 940 p. M"
"She has a right to be on Broadway at
any hour Of the day or night and so has any
citizen Of his State. Broadway does
not belong to the Police Department; it
belongs to the public.
did you see this woman do anything
else other than talk to two men and walk
on the streets?'
And that's all you know;
Yes"
If you can swear to a single act con-
stituting a crime l will hold her I
Il n
Have you ever arrested this woman be-
fore and do you know her to be a prosti-
tute?"
McManus stood dumb, unable TO say
once broke in and said: yes, l kno~ her
to be a prostitute
IF you break in while l am cross-ex-
aiming a witness in this court. | will lock
you I'D for interfering with the Magistrate,
numbered Magistrate Whitman.
Then the Court turned to the woman.
where do you live?" he asked. She
gave an address on the upper West Side.
Did you spend the night there last
night3'
w
You were bailed out. then?'
yes" -
How much did your bondsman charge
your
'Two dollars"
AT what time were you arresteda
AT ll:40."
when did you get homer
~Soon after H."
"You didn't have TO wait long to get a
bondsman. then. did you?"
-No, sir
The woman was discharged. Bertha
Vernon was the next one TO face the Court.
McManus gave practically the same testi-
mony he had given before, only the woman
had stopped but one man in this case. This
complaint was also found Ia be emasculated
and the charge was simply lettering. The
woman said she had been bailed out the
night before and had paid the bondsman.
She had been arrested three times last week
and paid a bondsman in each case. She
was discharged.
Eight other women whom McManus had
arrested told the Court practically the same
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