New-York tribune., 1909-07-01

sent forthuith 70 ne and that after these COM
plants have been investigated by the Poi1eo one
authorities copies of the reports thereon be also
sent forthwith to me The four oflcers now
assigned 20 the Mayors office with Inspector
Kelly to be continued here until further
orders
Tenth-On the report of District Attorney
Clarke Of Kings County that Inspector Ho.o.
han was the only officer in authority that aloed
him in the trial Of Officer Dillon, of the 14sth
Precinct for murder order thst said Inspector
Hollofian be made borough inspector under
Deputy Commissioner Baker. in place or IN
spector Russell herewith reduced
Eleventh. further direct that the above or
ders be carried into effect Immediately after the
receipt OF this communication. and the Pohce
Commissioner report compliance thereWith IN
twelve hours TO me.
CALLS POLICE STORY UNTRUE
After reviewing the evidence in the Duffy case
as presented to him by the Police Department In
the form Of afhdavits and the testimony given at
the hearing under the direction of Assistant
Corporation Counsel Crowen. the Mayor said;
A. the commencement Of the defence TO the
charges made by the Police Commissioner re
ceived evidence in favcr OF this Duffy boy WHICH
from, the source Il ernanates has been con
elusive TO me that the police story is. TO large
extent. manufactured and not true
The police justified their taking Of the picture
ana measurements Of the boy by saying that he
had been accused Of stealing bottle of LIQUOR
IN June 1907. although the police court records
against hin and that he was discharged The
police produced statement from a LIQUOR dealer
named Henry that woman representing herself
n be Mrs Duffy begged that he be lenient with
her son and paid him 8 for the damage done
end the property taken Mrs Duffy told the
Mayor that she had never made any such re
quest OF PAID any such money
The examination Of the policemen who ar
rested the boy on several occasions brought out
the fact that they had no real reason for the
arrests except the general impression in the de
partnaent that Duffy z bad character
THE RIGHT TO MUG" PRISONERS
The Mayer in his decision discussed the vart-
Gus court decisions regarding the right Of the
police TO take photographs and Bertillon meas
ure-1en1s Of prisoners. saying that Cow vs.
Bingham the Only decision which appeared
70 be against such q right
This decision was that Of Justice Burr in the
application for q writ Of rnanoarnus compelling
the Police Commissioner to return TO William
Gov the photograph taken after his indictment
tn the Brooklyn Bank case in which he asserted
that the police had no right 10 take photo
graph before q mans conviction
The Mayor then went on:
There would appear te be several periods
sfter actual arrest when photographs and meas
t1-ernents under the Bertilion system could be
taken. First Immediately the arrest in the
manner a 2 pedlsTee 1s taken pH
the lieutenant At the desk; second after beine
held by committing magistrate; third, atter
indictment. and, fourth after conviction
II is with great reluctance that venture a
suggestion that has perhaps not occurred 70 Mt
Justice Burr in writing his opinion, namely the
duty of the police 70 have the suspected offender
sr court when the question 10 be determined IS
whether the peace and dignity Of the state OF
New York have been violated Suppose. for eH-
ample rule should be laid down that a man
should only be photcgra phed ana measured after
conviction. No photograph would then be taken
until after regular trial and the prisoner had
been found guilty. Suppose, however the prs
oner obtains his release from custody bY giving
bail and thereafter aDsconds. Is II not the duty
# the police Of the city Of New YORK VINO nave
arrested this man. TO apprehend him again as
soon possible in order that the criminal JUS
tiee of the state may be administered
can there be any question that photographs
and Bertillon measurements Of such person
would be. Of the greatest assistance IN securing
the person cf the fugitive and. in The case of
Some distant state, having him detected and eT-
trsdted and brought back 70 New York there
to answer 10 the charge made against him
The MAYOR quotes from the opinion Of Justice
Tsnn Of the Court Of Appeals;
An innocent man accused Of crime is some
times compelled TO make sacrifices ard undergo
suffering for the benefit Of society
CHECK ON THE SYSTEM"
The Mayor then said that he did not feel Jus
tiAAd in ordering the police 70 stop the practice
Of photogrsphing persons accused Of or indicted
fc- crimes Blaming the injustice in the Duffy
case on the Bingham idea Of making Brooklyn
flag station so far the police we're con
eernea he stated that he had repeatedly sug
gested 70 Commissioner Bingham that he should
reverse his policy, adding
have argued that it is Of the utmost neces-
sitv 20 have at the head Of large divisions of the
police q civilian. removed from the so-called
system as far as possible who can Intelligent
" check excess of power and the ever growing
desire OF the professional policeman 10 oecome
arrogant and overbesring 10 the citizens, OF
whom he Is the servant
The Mayor closed his decision with refer
-nce 10 the commitment of Captain Kuhne 70
sati for contempt and the attempt Of the depart
rnent 10 shield Patrolman Dillon. accused of
murder, folows
The late decision Of the Court Of Appeals
Affirming Mt Justice Burr in his commitment
Of the head % the detective force in BROOKLYN
far conter7pt Of court and the public condennna-
tton bv District Attorney Clarke Of the so-called
system" in 2 murder trial, where he was forced
20 state 70 the shame Of this branch Of the
Police Department. that police officers sought
10 protect criminal in their own ranks, instead
of aiding the prosecuting officer 70 bring the
prisoner tc the bar, well as facts in the Duffy
case lead me 70 the inevitable conclusion that
+1s experi-nent Of the Police Commissioner in
reducfng Brooklyn 70 the rank Of a precinct
with professional policeman in charge IS an
absolute failure
The dehpuce Of Acting Captain KUhne of the
writ Of hsbess corpus. and the almost thwsrted
e~orfs Of the District Attorney 70 bring police
mar 20 the bar Of Justice for murder and have
rim tried by jury is conclusive eVloehce
against the Commissioners experiment
eS,ehel referred 10 ir the Mayors fourth
Ger. charged that he had been robbed by four
hc.ys. one Of whom was Durfy. The police
serted that Duffy had been discharged in court