Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-11-28
R0GUES' GALLERY PICTURES
POLICE RIGHT.To PHOTOGRAPH
PRISONERS TO BE FOUGHT.
Test to Be Made in the Case of In
dicted Directors of Brook
lyn Borough Bank.

NEW YORK. November 2s.-The ques-
ton of the right of the police department
to photograph and measure a prisoner
against his will before conviction will be
tfTeshed out i'll court a result of the
attitude of the Brooklyn police toward
the indicted bankers who have been ar
raigned on felony charges in the last
wtek or so.
Martin W. Littleton. counsel for Will
liam Cow, one of the indicted eX-directors
of the Borough Bank. obtained yesterday
from Justice Burr of the supreme court
an order directing Police Commissioner
Bingham, First Deputy Commissioner Ar
thur j. Okeeffc, who is in charge of the
Brooklyn headquarters, Acting Capt.
Kuhne of the Brooklyn detective bureau
and Policeman Farrell, who has charge OF
the rogues gallery, to show cause why
n. writ of mandamuS should not be Is
sped compelling the destruction OF all
pictures and mea surement records of Cow
nDw in The hands of the department. The
order is rctUrnahle on Saturday.
Stephen Baldwin. counsel for Frank
.Jnnkins. the indicted eX-president of the
williamsburg Trust Company. applied to
Justice Burr for an order directing Acting
Capt. huhne 10 show cause why he should
not be adiudged in contempt of court for
photogra phing and measuring jenkins.
This order was not issued yesterday, but
SET for the hearing on the habeas corpus
writ which Capt. kuhne failed to obey on
Tuesday after Frank Jenkins had been
oNerpowered on the streets of Brooklyn
and rushed TO police headquarters.
" Suits Against Police.
Mr. Littleton announced that he would
also begin suits for damages against Capt.
Kuhne and the other detectives who were
concerned in the taking of Mr.. Cow to
HEADQUARTERS Mr.. Littleton has accused
the police of having kidnapped his client.
Mr. LfttIeton had surrendered him to the
district attorney office on the day that the
warrant was issued for his arrest: While
MIR. Iittleton was out of the once TWO
detectives came in and hurried Cow over
to headquarters to be ''mugged and meas
Lred." In Mr.. Littleton's own words he
intends to find out If profanity and per-
secution'' are running the police depart
Inent.
Lawyer Baldwin also announced that he
would proceed against the responsible
police officials for false arrest in the case
of his client, Frank jenkins. He contends
that Jenkins, having surrendered himself
TO the court and having been arraigned
and hailed out, was no longer liable to
arrest under tine warrant on which the
police took him.
The police contend that they had receiv-
ed no official notification of the fact that
Jenkins had been arraigned and bailed
out and the warrant having been placed
in their hands for service they were bound
to endeaVor to serve H.
q, Will Welcome Decision.
first Deputy O'Keeffe in commenting
yesterday on the action of his men said
that the police department for years had
made it a point to photograph men in
dicted for felonies. There is no statute
giving he police this power. They act
on an order of the department. Whether
this practice is lawful the deputy com
missioner does hot presume to say. That
lis for the &C urls to decide, he says, but
while it continues he is going to see that
il applies 20 rich and poor prisoners alike.
1.-THE man indicted for burglary said
the deplty ccn.mis sioner, lis brought in
here ana Photographed and measured.
Why should no. the same treatment be
accorded to rich men who have been In
dictea for other felonies?
The deputy commissioner said that so
far as he was concerned personally he
would welcome a decision of the court on
the rights of the police in this matter. The
sictureS and edsurements taken at po-
lice headquarters are practically the only
things that can be relied upon by the po-
Zee in the event of an indicted man jump
ing his bail. Without these, in the deputy
commissioner opinion, the department
would be powerless to act with alacrity.