New-York tribune., 1910-03-22
TOCHECR M MUGGING"
CONVICTION ONLY TO
JUSTIFY 1T.
Prisoners 1fJcaitiHg Trial U1n
Not APPear in ROgueS Cal
lery. by Mayors Order.

Mayor Gaynor ordered Police Commits
sioner Baker last nigh. 20 stop az once
the practice OF taking the pictures q
persons charged with crime aud placing
them IN the ROgues' Gallery. no pict-
ures win be taken IN the future except
OF persons convicted % some felony Or
m.sdcmeanor of the nature Of n felony.
according 20 the rulings OF the Suprem-
Court
The Mayor said also that he would
soon send 90 the Commissioner tho
names Of a number Of persons who's.
pictures are in the Rogues' Gallery. al
though never convicted Of any crfma.
Only pressure Of business. he said. har
prevented his moving 10 have these picf-
uyes removed before.
II was the action Of the Mayor last
summer I'm calling t0 the attention Os
Mayor Mcclellan the way IN which
George p. Duffy. a Brooklyn boy. had
been bounded BY the police In his opin-
ion. that caused the sensational shake-u1
in the department. including the removal
OF Commissioner Bingham.
Mayor Mcclellan ordered the removal
OF Duffy's picture. but declined 90 stop
the practice Of "nugging" suspects. on
the ground that such pictures would bs
OF service IN capturing persons accused
Of crime who might escape.
Mayor Describes tho css-.
The Mayor in writing 20 Comunissione-
Baker described the arrest OF Walter
Farndou- He wrote:
Tho Rev. James Y. Chalmers. vicar es
ths Church Of tho Holy Trinity, coupi piained
% me in person last Friday Of the measur-
lng and phOtOgraphing OF walter Farudon
for the ROgues' Gallery. I examined the
case today, and found the facts 20 be as
follows.
-Four police detectives arrested Farndon
on last Thursday evening ar a street cor
ner on a charge OF writing letter 90 Ols
FrOhnan TO oNtOTt money from him. Ho
was taken 20 the Central once and locked
up for the night. lie asked to cOmmunt-
cate with his family and friends. but was
not permitted ~. Next morning he Wss
stripped and measured. and then photo
sraphed for the ROgues' Gallery. Then Ia
was viewed by large number Of masked
detectives, and pointed uUt by the chles
or them as one who eNtOrted money by
letters threatening 90 kill
He was then taken before a maGistrat-
and held IN S,et0 bail. Finally his family
and friends learned OF his plight (but noe
through the police. for they refused to
send word 10 them). and bailed him OUT
case and discharged him. There was. IN
fact no evidence against him. He simply
Went OUT Tor walk, and because ne
stopped at a certain corner he was accOst-
ed and arrested because some one hal
written an anonymous letter 20 the said
trOhman, saving that unless he came 20
that corner that evening and paid 500 to
the writer he would be killed. He has
hitherto borne a good name. and has never
been arrested.
Orders Pictures To Be Removed.
1T may be possible wrote the Mayor,
that the arrest was not very unreasCn-
able all things considered. but the
treatment OF Mr.. Farndon afteruard
was unworthy OF a civilized cOl1nu-
nifty"
The Mayor ordered the picture ana
measurements at once destroyed. and
then issued the following general order
through 5he Police Commissioner:
Let no such thing be done in future. ex-
cept in the case or persons convicted or
some felOny or misdemeanOr OF the nature
ca a felOny-nameiy. in the case Of cOnvic-
tOns enumerated by Section 40 OF Chapter-
CSC OF the Laws of 1sS9 dnd Chapter 40 OF
PERMIT TeT n 20 % be- SoIa 5ae our GT1sS ESSa s
has explicitly decided that il cannot bs
lawfully done In any other case.
II am aware" wrote the Mayor. ''that
my distinguished predecessor decided in
the Dury case that the police were not
To follow the said decision, but cannot
follow his decision as a precedent
Then he added:
The reason assigned by NY predecessor
for overriding the said decision was that te
the court had considered that 81 a person
arrested should break TAIL or forfeit his bail
and run away he could not be easily fol-
lowed and taken unless the authorities had
his measurements and photographs. Thai
any court could have made such decision
without having such an obvious COnEidors-
uOn in mind is not 70 be cOntectured.
Mr.. FaTnGOn. whose home IS az No. 565
East S1th street. was out for a walk on
Wednesday night. At West End avenue
and seth street a man whom he later
learned was a Mr.. Frohman spoke 20
him. He was about 20 pass on when
ne was arrested by Detectives Rocco
CavOne. J. DC Clio. J. Cassitti and
DOminick Tisania. Of the italian squad.