The star and Newark advertiser. [volume] (Newark, N.J.) 1908-1909, 1908-02-11

AlAC IAA la A-LAAAAA AR t@
Good character, however clearly es
fablished. will not excuse crime. Blu
it is affirmative evidence on an &C
~cusation involving moral turpitude. II
is the right of a Person charged with
crime to have All the relevant testi
mony. including that relating to his
good character or reputation, consid-
cred by the jury. and If on consid-
GRAFTON, there exists reasonable doupt
of his guilt, even though that doubt
be ~engendered merely by his previous
good repute, he is entitled to an ac-
quittal.
The defendant is charged in the in
dictment with having violated his duty
as a public officer, being a member OF
the police department of the city OF
Newark. The indictment contains two
counts. No evidence has been produced
by the State to prove the charges con-
tanned in the second count for NAL
the Prosecutor has stated
that he would rely only upon the first
count, for n-onfeasance, in disregard
ing the duty imposed upon the defend.
ant by law. by wilfully neglecting and
emitting to use and exercise all proper,
reasonable and effective means and all
means within his power as such officer,
for the suppression and prevention OF
the keeping and maintenance of GER
tain houses of ill-fame and prostitu-
ton, and gaming or betting houses.
specified IN the Indictment, and omit
ting to enforce the laws in respect to
the keeping and maintenance OF those
houses.
1.-THE charge of ~nonfeasance Is a
SINGLE, definite charge of neglect of
49,. a. tolshfD1opf contains aver
ments of the existence of numerous
houses of ill-fame and gaming houses.
of the existence of which the defen-
dant had knowledge; h existence of
these houses to n defendants knowl-
edge, and his failure to use effective
means within his power to suppress
them. are specifications of numerous
Instances of his neglect, but the crime
charged is single.
states Pr0of Limited.
"It is not necessary for the State to
prove the existence of and wilful fall
ure of the defendant to perform his
official duty as to all of the houses
mentioned. Proof of breach of his oh1-
cial duty as charged, in relation 20
any of the houses specified, is sufii-
cient to warrant conviction. The state
TellGS OILY dDO11 ~ PtOCN
II as to six of the houses mentioned,
namely Books Concert Hall, on Mar
ket street; the Metropole Hotel, kept
b% Sophie Holman, on Market street;
Weintraub's place. on New Jersey Rail-
road avenue; wagner's place. on Ever
green place; Krutzel's house. "a La
fayette street, and Krindle's house, Sc
Spring street.
"If Won find that the defendant was
guilty of wIIfuI neglect of his duty as
charged, I'm relation TO these six houses.
or my Of them, he should be con-
yictcd. But If the State has failed 10
prove such vviIfuI neglect AS to any of
these six houses, he must be acquitted.
The question as to what duty was
imposed upori the defendant by reason
of his official position is one of law
for the court. Whether he was guilty
of culpable neglect in falling to per-
form any of these duties is to be deter
mined from the evidence; you are the
sole judges of h questions of fact
involved, and in determining whether
the defendant is guilty or not guilty
of the charge it is your duty to apply
to the facts, as you shall find them, the
rules of law applicable to this case, Is
the court shall instruct YOU. 1t is the
of the court to conStrue the law,
and the duty of the jury to take the
instructions of the court on this
subject.
sIt is an admitted fact that the de-
PENDANT was a member of the police
force, of the grade and rank of detec-
i've sergeant, appointed by the Board
of Police Commissioners of the city.
The police department was created and
EXISTS under the authority of an act of
the Legislature providing for its estao-
hme While 1t is a branch OF the
municipal government of h city. and
the members are appointed and paid by
the city, they are not the agents and
servants of the city. The department,
having been created in pursuance OF u
duty imposed by law upo the city as
one of the political divisions OF the
State, as q means to the exercise OF the
police power, a sovereign power of the
State, for the benefit of all citizens. and
the officers being charged with the per-
Torrance of a public service, they are
pu ,lic officers, the agents and ervan
Of the public at large. They are not
employees of the city under a contract
of employment, but are public officers,
acting under the delegation of a portion
W lLlt spNtiSLSh PoNSi ~
Exercise of Power.
'In order to effectually exercise this
power, the law creating the department
provides that h members of the police
force employed by the Board of Police
Commissioners shall be vested with the
powers applicable TO sheriffs and con-
stables of this State, except to serve
civil process.
'eThe defendant, as an officer of the
police department was q ministerial off,
Ger; it was his duty to perform all acts
reasonably within his power and ability
in his official position as a detective
sergeant, to maintain constantly public
peace and order within the city, In ac-
cordance with the law.
"He was e~x-oficiO u peace officer. hav-
ipx the powers of a constable and sher-
III in that respect. He was charged
with the same duties acting within the
sphere of his official position, ms are
constabIes and sherlRs. to conserve the
peace within the city. representing the
sovereign power Of Ia state for that
purpose"
while the defendant, as a peace off,
Ger, was charged with the duty of main
tanning the public peace throughout the