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


would be justified. he would be undel
no legal liability for making u entry
provided he had acted in making |
upon circumstances sufficient to create
in his mind a reasonable suspicion thai
they were in act then disorderls
houses.
1.-THE charge in the indictment is mo-
simply that these six houses existed al
disorderly houses, and that he failef
to use due diligence to discover thai
fact and procure the arrest of the
keepers, but it charges specifically thai
he had knowledge of their existence
and character.
9TH nature OF the defendants du-
ties as a detective sergeant In the pO-
failure to discover the existence OF
certain houses of ill-fame in various
parts of the city, and suppress them,
could not be considered a breach OF
his duty, unless II were shown that In
the performance OF his duties he was
guilty of cuIpable negligence rs to
these particular houses, and that II he
had performed the work devOIving upon
him as n detective sergeant, under the
law, he would have discovered such
houses and have been able to suppress
them.
"It would be unreasonable to charge
him with nODfeasance in such a case,
simply by showing that there existed
somewhere in the city some houses
which he had failed TO ascertain to b.
houses of that character, and had failed
to suppress, without showing anything
further.
There were many police officers in
the city having similar powers and
duties. He might fairly assume that
other officers were properly performing
their duty and that many crimes would
under circumstances where he
could not be considered remiss in his
duty If he never knew anything about
the facts.
"He was under NO duty to do any
thing so impossible as to suppress all
h crime In the city, or any particu-
lar criminal act. The law requires hon.
est, intelligent and diligent service,
nothing more.
"But such Is not the charge In this
case. Actual knowledge is charged
and must be proved. If II in proved,
- s
he may have properly performed his
other duties In every respect, IL these
six houses, OF any of them, were In fact
dlsOrderly houses, and he actually knew
them to be such, and did not take all
reasonable and effective means within
his power TO suppres them, he WA
guilty of nOnfeasance unless such full
ure may be justified or excused ON some
suffl Client ground.
THAT is equivalent to saying that
there were no means reasonably with
in his power, considering his obligation
to perform all his duties, other than
those he did use, and that il they were
ineffective it was not his fault.
"If there were effective means which
he might have used, but which he did
not use, his failure to use them would
be justified or ~excusable, eve IL he
did have such knowledge. provided you
find from the evidence that his obliga-
ton to perform the duties which he
vas required to perform as a detective
sergeant by law n the fact that he
was engaged in the performance of
such duties did reasonably prevent him
from doing any more than he did, and
from using further e than he did
in fact use, and which might have
proved effectual to suppress these
houses, provided he acted in the whole
matter in good faith. and with due re-
gard to his whole legal duty, and with
due diligence.
whether his conduct showed that
he faithfully performed all his duties
as a public officer in this respect, and
did 1.a oil rnaone uufkhfv hfc nnuycr IN
suppress these houses, If they were dis
orderly and he knew it. Is to be de-
termined by you upon the evidence in
the case, applying the legal rules as
laid down by the court.
at is an admitted fact that nc COM
plant was ever made by any officers of
the police department, nor any warrant
issued for the arrest of any of the keep
ers of these houses. within the time
mentioned in the indictment, from De-
cember l, 1905, to January 1, 1907.
1.-THE defendant admits that he knew
these houses, or some of them, were
suspected of being disorderly, and were
watched as such. He says that they
were watched and inspected by himself
and other officers, and that reports were
regularly made by him to the chief of
such facts as he discovered: that no
arrests were made in any of these cases
for the reason that no facts were ever
found sufficient to Justify him in max
ing immediate arrest without warrant
that is, that he never discovered that
the law vas being violated, on any of
the visits that he made to these houses
and that no complaint was ever or
dered to be made by the captain or
chief for the purpose of procuring war
rants
"Queenan and Lible, the officers in
plain clothes on Market street, stated
that they talked with CORDIALLY abou
the Metropole in May or June, 1906, on
Clinton street; that they told him the
captain had told them they could raid
the place: that CORDIALLY told them not
to, for the reason that they would get
in trouble with the brewer.
Both these men are under indictment
for nonfeasance. Queenan said that he
and Lible had gone to the sheriff and
had told him to put the blame where it
belonged. -4tf
"Dowd, another plainclothesman,
said he had seen a .d~isreputable woman
named Kelly going in the Metropoie
shortly before the sherif's raid, and
reported that fact to the captain; that
he also spoke to CORDIALLY about the
place, because every time he met Cor
Daily on the street he inquired il there
xuaa onNyfhfnu .aatat. that NO~ha I1ry told