New-York tribune., 1909-06-02
SAYS REMOVE BINGHAM
urSTTCE G4TNOR WRITES
LITTER TO MAYOR.
declares Commissioner Refuses to
Stop "Persecution" of Boy By
Police Force.

-,,s.ice William J. Gaynor of the Supreme
c,r-+ has sent a letter to Mayor Mcclellan
,Srr that Police Commissioner Bingham be
s--or7ed from Office. The justice closes his let
,sr with this sentence regarding General Bing-
ham: He IS possessed of the most dangerous
and destructive delusion that officials can en-
,s-tain IN free government-namely, that he Is
under no legal restraint whatever, but may do
IS he wills, instead OF only what the law per-
rits. and that only in the manner it pre-
scribes,'
The specific case which Justice Gaynor cites
is that Of boy who, he says. has been perse-
ruted by tie police, arrested over and over
again on trumped-up charges, because his pict-
IRE IS IL the RogueS' Gallery illegally JUS
tee Gaynor tells the Mayor he wrote to Com
missioner Bingham asking that the picture be
removed from the Rogues' Gallery. and that
the police cease from arresting the boy. who,
he SAYS is hard working and innocent Of crime.
The Commissioner has refused his request. and
nov he asks for his removal
Commissioner Bingham later visited Head
quarters at night and gave out mis- correspond
sncs with Justice Gaynor regarding the boy in
question, as well as the police records Of the
cases in which the boy has figured. The latter
tsnd to show that the subject OF this controversy
highway robbery. and had a bad reputation.
Commissioner Bingham. in his letters to JUS
Ire Gaynor. points ont that the law making 1t
Illegal 10 photograph a prisoner for the Rogues'
GALLERY was not passed until after the boys
picture had been placed there and that il is not
retroactive.
Justice Gaynor's letter to the Mayor reads:
had written letter 70 the Governor OF the
fg of
city officials which be possesses. but on second
thought conclude TO withhold il. and first ask for
On June l6. 1876. George B. Duffy. nineteen years
street B7ooIIvr Was arrested near his home bv a
police officer without a warrant and locked UP over
against him. bGt only that he "a suspicious
had lived e. home in the neighborhood eli his Iife
snd could be found CT Identified at any hour The
next morning ne was taken 10 Police headquarters;
q 5 Sgsl once; a s5e3ectea 70 me rou,sss 9 al9
index OF felons The next day he was taken before
magistrate and discharged No complaint OF any
glass window or saloon had been broken some
days before ana some vhiskey taken out The
against linn. and disayoTed having anything to do
With The arrest
FICTURE ~ RoGUEs' GALLER1-
Ts E @ t s R s 3f R6suds It P5siS as eF2aa 2nd }' he s
Sibed and tvtted Of = in the streets His father
se rs-o-s sts---,-e5 I'D fzna. ne came 10 me.
wrote se-ersl frienylv letters 10 tie Police COM
missioner calling his attention 20 the 1lcEairE OF
The matter. and asking that s cause the picture 70
ne taken down ard the record - le erased. bur he
1cr-s cnlT hurt ilua. -ov vii see presently
es oole-L q IGtJl5S person II tie hoFles
is--,5T sn5 reco-alIl hin as 2 criminal IS 10 have
rss-ance, name ard residence i7 order 10 watch
snd hunt him IS c1e VINO has settled on life Of
result foaoTz. and followed ~ THIS boys case. He
1as MARRIED h~ the police after being put in the
-55-teSz 5z-.--E ara !Il-Aee Is iecn he Wes
rsrt r csT-a e--s++ "a ~ 80 = ,Sa T5or7'eg,
-s,-sr, end Therefore - be hunted
street near MS home OF an evening and locked up
overnight So cell 7.l-h 1l-h- persons. When taken
astcre the magistrate next day no criminal charge
charged b. tae police with vtolatirg an ordinance
y obztrgctag the street and discharged with
sospe1oso sentence He ald not obst1lct the street
eHcept b being On IT, The charge Is stock one,
fl5aT io- Hlls5erssrer. but o55 Of those small
Things not included among crimes a all which
snd the boz fel. It useless TO contest it After
beng locked up al night he was CAD 70 get away
e,y being locksd 10 ana brought into court with
ttlons on such charge, and truruped M at that!
y aat erect must such an experience have on the
On ssptember p. Ieos. he vas again arrested IN
6sry. His parents were shocked Two DAYS iateT
ne was brcnEht before q I1sgis-rate. fhe man Wlo
GAINED 70 have been assaulted ana roDbedg, VS.
oGoEgh- there identify him. bIf iTllIlleo laleiY
said, seeing him. that he was not the culIrit'
ss 6saTEe5 g0e4 4s o. act @ Vas then revealed there
lhat the Police had taken the ccTnplairaIlt throufh
plotu1g 70 him and got from lIrn that the Pfoto-
sspa FeseTned the person To Ia r. coI5niairsnt
70 see this boy or going before a magistrate or
s 5g any precsuio stsrSF' iey ssn its sr
vested in similar way and discharged
oS VIEW BEFORE DETECTIVES
& 9 ss sunday poFHiFg he got h0gae& & fF2p Pobts hts
osliver1Eg milk, which IS night and early morning
EprA' IS you know He washed ano dIess7a q az ha
ssht 70 church Afterward ne went 70 n1 PEI, -
rs 70 sleep some part Of the day on account ot
- a.gnt occupation IN the evening ne .-4ed ~
O'clock p. the street. in the sight OF many,
,ols him his picture was in the RoEuss, Gallery l
Iook him 70 the police satlon ana ioCK @
tfaaAIse ot vagrancy was entered on the stauoi9e
Sotsr against his boy who works. every day OF
hs lie. ana has refined and good home with his
Ee,fnts On Monday morning ne was tsAsn7 a 9
aoe aesdquarteTs, or Central Ocs 60 a EqnsI qaseS d
ssse called IN to look at him Ihey yeeq "a a. dast t
5o them his name and that he was wei & kE9Tn m
rad pun enough TO get his picture out Of the
Ssees Gallery, and, turning 20 me nog @ b;s has5
with The Police Tdr5nissioner which I have al
lss5y rts-ad ~ f.i (5lIscioTis of my lack OF
S1er 70 put stop 70 the outrageous yloiaJ9ns t
uchecRed 9 n Sgf this city daily and fast
- ng Us Such Occurrences often mae sc 1,s Two In
- time official lawlessness could be stoppeG, aiIt
srta9-HHAoH government TeSitItu ~ AiA
;. events. 7 give the words the boy gives IneIl @
,..hs After this outrageous treatment ne Ws1o 1o
s.zasn TO court before Magistrate turlong az ~
hE'ck No charge whatever vas mace aseiitoe -
- ,there and he discharged Mean~il1le Le
,s peen absent from his work a messenger cahe
Hs fsther's house for him from his eTnployer a.
xeelock In the morning. He should have been bee l az
rr 49, az O'Clock He could not be found, ana was
esDie 10 send any word home.
81 Ssed say thai this boy must get redress from
o. criminal official Wrongdoing and opPrestsiChb
- ruined for life? He has position IN W.
.sssfns Us week but he and his parents 10
ss-e n daily dread OF the day his efnploset iI,
a. that his picture Is iH the Rogues t1aiIeIgg