New-York tribune., 1909-06-26
BINGHAM SUES GAYN0R
ACTION OYER DUFFY CASE
Police Commissioner Asks 500, 900
for Defamation of Character.

From papers fled in the County Clerks Office
yesterday it became known that Police Commits
sioner Bingham had sued Justice Gaynor. Of the
Supreme Court. il Brooklyn. for $4,000 damages
for defamation Of character in connection with the
case of George Duffy. whose picture Justice
Gayn0r endeavored to have removed from the
Ragues' Gallery Of the Police Department.
The Commissioner demands S75OO0 damages for
Justice CSaynOrs first letter to the Mayor and
he says that the justice published the defamation
by sending it through the mail and at the same
time giving l. out TO the newspaper reporters He
demands s. 0eo for the typewriter interview
with the justice which given out two days
after the charges in the Duffy case We're fled with
the Mayor.
The complaint tells ef the custom of the Police
Department Of phOtographing criminals and those
charged with crime and says that in pursuance OF
this custom without any knowledge Of the COM
missioner, photographs were taken Of Duffy in the
Brooklyn Detective Bureau The Commissioner
was aware Of It. the complaint says until the
communication received from Justice Gaynor-
Then the complaint adds:
On March Il. 1903. the Commissioner received
from the justice letter warning him that the the
photograph Of Duffy in the RoSues Gallery
and Suggesting that II be removed; that thereupon
coRcernng Tie ma rter. caused investigation 70
he made ny MS subordinate oitlcers ana a i;s
Of which he was Informed hy them ana peile'es
About June l6. 1857. George B. Duffy was ar
rested by DatreiH2an who nad heen lhio To- es1DS inc
felony had been committed oZ DuIlH % 20 "
q -.7
p. aliaISiC ny fil ,5aTefran That Duffy
+sgsed t;1e+ he had committed the crime before ms
nfcrure and measurements were TAKEN lIIat
his confession those photographs and measuIS.
T3rookl1n Detective Bureau for the use anu pun
Wien S puffy Vas arraisned before n MagiStTa5f 7T
N-a55noan on June l. he Was d1scha oii -. -
Of the failure ot Charot d rem t 81 him that ON
Terred with them to appear sSalISt - ,,al1,err
~ her 10 Charot & Henry Of the damage con ~ tb
them by sao burglary inciuon5E I5y I nroTnised not
aST a
70 appear against SAID bahS-
-Fakinr M the nex1 time that the boy was al
rested the complaint says:
,z,,,sr,fer % 1907. Duffy was arrested On s;% d
charge Of disordery conduct IN 5 residents
IF f, r5eishborhood Of Smith ana @ CIeeti iIsflrs
streets, Broolyn Jh@{ 579 ssirncrhood s1 biocading
- ;saZtall[s shouting. using louq ana ir ,se
langGase's sS e'ol oung men including Duffy were
convicted before Magistrate il71i0
was s1lsI faos Duffy was arrested With e Mlna 9n9
IS1iisssl i19 sssa11lt and robbery the compi5l'
of charles Seibel. They We're sL,~ s gis+rate
Sna5s S, sacb having been sworn and each hatbtS
denied his guilt and atiote, 6I3aI who sUoTe that
aiIel Was vito her point far Glsl.I,l ~ ~ Vas
scene of the sti5TTed But this wenlan afteEHaTd
under oath admitted that she hag ben induced to
~ 31ahslP of the defendants. having pti ~ I,o5,-
it on pI ,erirr,- fv their threats 10 do her oous
harm If she DID nor
Tin, hat Duffy aTreSltt4. Si'N'4-f7
10 The complaint. was on september = 4'1H, oL!
80 az assault and robbery. On this case lhe
complaint says:
prior to his arrest the complainant one Olat
44iIner to the BTooklZn DeleeoIe - t1 S The @
,oen Who had assaulted and robbed hlrl IN com
p6sIl1 panyI |i5R jaen3aed Br Holer one Of his assai
ants and Holmer picked out out the & pt. t @ ea+ mon
him He said that Duffy was the man VINO placed placed
? gun at his head while another man went through
7,sS cEe-s and took Ah rom hILl-
shortly before the case was called d. IN @ me nlagio
trate's court. I5olnler was seen IN the e9IlpS a.
a relative of Duncan in front 2f a SAIGON; If9 h5s
are of his assailants and Duffy was DISCHARGED,
Efterward Holmer was seen az TINS SaIie 11n
with Dusy and Duncan ana ms Iela'l'e u D'''
cans
Coming down TO this year. the complaint states
that Duffy was arrested on May y on TIE elevated
STATEN at Fifth and 3sth street, Brooklyn
ny q detective assigned 10 that station for the &c
sec+ion Of pickpockets and thieves. Duffy, the
,.orrlaint saws had been lettering about this plat
form while number OF trains passed by, and hH
his manner aroused the suspicion Of the detective
When the latter approached and. showing his au-
tbority. asked Duffy what ne was doing there,
Danv refused to explain When he was arraigned
before a magistrate he again refused 10 explain
,ais conduct. by advice of counsel. He was dis
charged
The next paragraph endeavors 10 show that Duffy
IS an habitual companion OF criminals and that
most Of his associates are In jail IN some part OF
this state or other states
The correspondence between the Police Commis-
ssorer and the Justice regarding the Duffy photo
Eraph il set forth the complaint, which closes
with the proposition that. IL view Of the record, If
any injustice has been done to Duffy, ana if the
Justice stu thinks that the Commissioner would
be justified in complying with the request to re-
move the photograph and the measurements he
will Go
A. the CITY Hall 81 was said that Commissioner
Bingham had not had access 10 the testimony
<es- Faeo he in he Diff and
that he had received no intimation 10 what the
findings would be 1t stated that the Mayor
had not heard anything about the intention Of
Commissioner bingham TO Justice Gaynor.