New-York tribune., 1909-06-02
CLARKE SHOW CENSOR
PendLeton VII Turn OUer COncy
Island Cases to Him.

The burden of responsibility regarding the final
disposition Of the cases against the Coney Island
show1nen has been shifted to the shoulders Of
District Attorney Clarke of Kings County, by
Corporation Counsel Pendleton. According Mr.
PendIeton, the evidence that the police have been
collecting so ndustrfously for the last week ten
days will be turned TO Mr. Clarke. and IT
will be left 10 him 10 decide for himself as 10
whether it is of sufficient Importance to put before
the grand jury.
It is stiH unknown lust what action MI Pendle-
ton will adopt with regard 10 the evidence col
lected IL tho three hundred four hundred cases
that have never been passed upon by police
magistrate It is supposed that he will shape his
course in the matter according TO the action taken
by District Attorney Clarke and the findings of
the grand jury. In the event Of indictments
being found against the showmen it will be equiva-
lent TO dismissal Of these The grand jury
is still in session. but viii conclude its work this
week. and II any action is to be taken Mr.. Clarke
viii have to busy himself -
The cases brought againT the Coney showmen
by the city. through the efforts Of the police are
based Sections 2.143 and 2145 of the Fenal Law,
formerly the Penal Code. These sections expressly
pr ohihit ali labor Sunday. except works Of
necessity and OF charity. and public sports shows
or exercises violation Of any part OF these sec
tons constitutes misdemeanor. What are re
garded the four test" cases. wherein arrests
were made last week consisted Of summonses for
the double whirl,'' baseball throwing game a
moving picture show and n shooting gallery.
JuSl as me NOneR Island SlioNln"u were peg lrInE
10 breathe easily cuce more and were relaxing from
the tension which they have been subjected during
the last fcw days because of the second refusal Of
warrants their fears have been born anew by the
latest move of the authorities, Although It Is rot
regarded extremely dangerous 10 their enter
prises. the announcement Of the city officials has
caused much speculation among the lessees at the
island.
The police and the magistrates are At logger
heads over the Interpretation OF the law in these
show cases. and result the latter have refused
issue warrants
Another instance OF the way the police courts
snd the police pulling In opposite directions
was afforded yesterday, when Detective George
Davis appeared before Magistrate Voorhees, in the
Coney Island court and applied for warrants for
manager of the place and for the manager of the
Filipino village. Davis appeared be laboring
under great embarrassment when he stepped the
bridge and between his bushes told the magis-
that he had been shocked by the lavish display
Of Filipino limbs he had been compelled 70 gaze
at the village
Magistrate VOORHEES, in very abrupt manner
refused 20 issue the and declared that the
police were only playing 70 the grandstand." The
detective explained that he had been acting under
instructions from Assistant Corporation Counsel
Malone, who had made Inspection of the island
last Sunday, but he told that only summonses
would be issued 20 him
Grown desperate in their Efforts make out legal
the propTetors OF these places causing crowds
10 obstruct the sidewalks, hut they with bet
ter success than before
Commissioner Bingham played bis trump card
last night, and incidentally caused several thou
sand visitors 70 Coney Island to back TO their
homes with parched throats- Il all came about
through the Commissioners order that the sale OF
al intoxicating liquors should cease In the lobhles,
Railways and auditoriuUs of ever concert hall In
the island.
Captain Thomas Palmer OF the Coney Island
station received his instructions early last night
and instantly started out 10 enforce them His
efforts were attended with sucA great that
there only concert place the whole
island doing business after the Commissioners uIti
matum had been received. The proprietors OF those
place. that closed Up stood about The
corners with gum faces and watched the steady
stream os thirsty who wsnded their way to
the open place,
THIS concert hall had secured p temporary in
junction last week and hence not interfered
with ny the police