The sun. [volume] (New York [N.Y.]) 1833-1916, 1909-06-26
GEN. BINGHAM SUES GAYNOR
SAYS JUSTICE LIBELLED HIM
S1OO,OO WORTH.

IN a
S1OO,OOO WORTH.
Proposes 70 Find Out n . Supreme Cour
Justice IL Liable to Any Lawsuit
10 Over. Duny Csse-Youns Mans
Police accord Put Into the Complaint.
The triangular contest that has been
waged by william j. Gaynor. Justice Of
the Supreme Court. Col. George B. McClel-
Ian, Mayor OF the city OF New York, and
Brig, Gen. Theodore A. Bingham, u. s. A.
(retired), Police Commissioner Of this
city. took a new and surprising turn
yesterday when Gen. Bingham began suit
against Justice Gaynor for defamation
of character and asked damages OF two,
counts aggregating 10000.
The libel suit Ia an outgrowth OF the
police experiences Of the Brooklyn youth
George B.. Duffy. who, having been ar
rested several times on sundry charges
and the police having photographed him
for their gallery Of records. appealed
to Justice Gaynor not as q Judge but
az q friend to have his photograph re-
moved from the Mulberry street store
house.
Justice Gaynor. being unsuccessful in
his direct appeals to Commissioner Bing-
ham to order the removal OF the Duffy
photograph. Brought the matter to the
attention OF Mayor Mcclellan in a letter
which wa :aSt1EouS. 10 q request 80
the Mayor to remove the Police Com
missioner on charges Of exceeding his
powers, and the letter was couohed in
such strong terms that Gen. Bingham
now seeks to hold the Justice personally
responsible for their defamatory refiec-
tons upon him.
The news OF the suit was as much a
surprise to the Mayor as 1t was to Justice
Gaynor, Commission or Bingham having
made no threats Of holding the Justice
accountable.
News Of such a suit against a member
of the Supreme Bench gave a Start to many
persons active in the official life OF the
community, and it was said that such a suit
was almost II not quite without precedent.
The only suit against a Justice OF the
Supreme Court which could be recalled
among court followers yesterday was one
in which q member Of that bench in this
city was sued for recovery Of q board bill.
The proceedings against Justice Warren
B. Hooker wore Of a different nature.
JusticeGaynor in his letter to the Mayor
laid emphasis on the fact that there was
law In the land beyond which even a
Police Commissioner could not go. Gen.
Bingham said yesterday that in bringing
this action he proposed to find out II there
was law to which q Supreme Court Justice
was subject. The Commissioner sues as
an individual for the protection OF his
personal character and has engaged.as his
personal counsel Austen G.. Fox. with
f. C. Crowley OF s. Wall street as attorney
of record.
Gen. Bingham in his complaint, after
stating that he was appointed Police Com
missioner by the Mayor Of New York.
says that he was of good name, fame and
credit and was we'll and favorably known
throughout the United States and else
whore az an officer OF the United States
Army, retired with the rank Of Brigadier-
General after distinguished services
particularly as personal military aide 10
two Presidents Of the United States
Paying due Difference to Justice Gay
nor's rank. rs officers will do. he says that
Justice 0aynor was well known through
out New York State. Of whose bench he
IL a member. throughout b United
States and elsewhere as a Justice OF the
Supreme Court OF this State and that -on
account OF his high official position his
utterances commanded respect and at
tracted the attention OF the public
throughout the United States and else
where
The Commissioner tells OF the custom.
eata bkshed long before his i~ncumbency,
whereby the Police Department takes
photographs and certain physical meas
urements OF persons arrested VINO bear
a bad reputation in the community and
who the police have reasonable grounds
These photographs and records. he says.
are put In a private gallery in the De-
tective Bureau, which is not open to
public inspection and Is maintained for
the use OF the Headquarters detective
force and the forces O. ether cities; b.
SAYS, to citizens only when they have made
complaint OF crimes committed and given
a description which leads to the reasonable
assumption that they might pick out the
culprits from among those persons whose
records the police have thus arranged.
and is in fu%rtherance OF the public welfare
and has been OF great benefit, in fact. he
says. IL is necessary.
In accordance with this custom and
without his personal knowledge or special
direction officers OF the department took
the photograph and measurements of
DUFFY. and the Commissioners was not in
formed OF the matter until Justice Gay
nor's correspondence brought it to his
attention. The Justice suggested that
the photograph be removed. The Com
missioner got from his subordinates the
report and record OF the Duffy case and
forwarded them to the Justice with the
word that II did not appear to him. the
Commissioners. that injustice was done
the boy, but adding that he would remove
The photograph II the Justice thought
that the department would be justified
In 40 doing. Gen. Bingham here says that
he felt that he would be justified in fol-
| lowing the opinion Of a person Of such
| high judicial character "a Justice Gaynor.
Gen. bingham informs the Court and
makes a part Of his complaint the police
record OF Duffy. which briefly Is as fol-
lows:
That he was arrested On June 10. 1907.
nv a patrolman who had been told that
he had broken the windows OF a liquor
store at 57i Atlantic venue Brooklyn,
and stolen several bottles OF whiskey;
that Duffy confessed guilt before his
photograph was taken; that, however.
Re was discharged in court the next day.
Chariot 4 Henry, proprietors Of the liquor
store, having declined to appear against
him after the boys mother had paid for
! ali loss and damage they had suffered.
rhot = n Novamber "a 1QH Duffy waa