The sun. [volume] (New York [N.Y.]) 1833-1916, 1911-07-20
GAMBL ING RAID TEST lP.
Magistrate COrrigan Refuses to Discharge
SIX Clubuen Nabbed Last Week.

The day of the sensational raid with
axes and water jacks on gambling houses
is ended If the action taken by Magistrate
Corrigan in the case of Henry Frank, 80
years old, of 3is Wcst Forty seventh
street, is sustained by the Justices of
Special Sessions. Frank and five others
were arrested last Friday by policemen
from Inspector Walsh's office under Lieut..
, Schlunsen in soft pedal raid upon the
rooms Of the Bellford Social Club over a
saloon at III West Forty eighth street
which is the corner of Seventh avenue.
The police. who suspected that games
Of chance were being played by the
members, determined to visit the place
on tour of inspection under the pro-
visions of section 3l5 Of the city Charter.
The half dozen prisoners they got were
doorkeepers who denied them admission.
The police charged these with violating
section 1874 OF the penal laws. a mis-
demeanor. in that they interfered with
the police in the performance Of the
latter's duty. Frank was the first of the
half dozen to he arrested and It was de-
termined TO make his test case. Assist
ant Corporation Counsel Cooley appeared
for the police against the prisoners
yesterday.
Schunsen and Policeman Freib testified
that they approached Frank and told
him Of their purpose.
You are running a gambling place there
and we proposed to go in Schlunsen
testified he declared to Frank. "Now
tell me il YOU are going TO do business
thi, afternoon or not. II YOU are not
then | will take my men away. Other
wise we will 60 in"
well I guess We are gon' TO do husi-
ness Frank is alleged to have replied
! But the police did not 60 in. They at =
tempted to follow each member" ad-
mltted. but strong arms barred their
entrance through the door and the owners
| OF eaCn pair OF these arms were promptly
arrested.
! After all the evidence of the pro,ccu-
| tion was in the lawyer Tor Frank
| moved for a dismissal and cited decision
, 10y Justice Gaynor to the effect that the
police may enter and inspect all gambling
and disorderly houses at reasonable
times hut not at will nor on suspicion
DO you seriously contend that the
police have the right 10 go INTO these
houses without "A warrant" Magistrate
Corrigan asked the Assistant Corporation
Counsel
NcS, replied Cooley, "HartlChlarly lri
this case where the place vase oncedcd
ITO tc gambling house. Furthermore
this is a public place as a license has been
issued by the State to the saloon below
and doors enter from the saloon INTO tho
hallway. The Appellate Division has
held that the police can inspect all places
in order to prevent violation OF law
The contention heretofore has been
that the police cannot enter house III
order to make an arrest for misde-
meanor. Gambling is only u misdencanor
but the object Of the police in inspecting
these places Is not the punishment oil the
crime hut the prevention OF It.
The Magistrate decided to hold Frank
but said he would reserve his decision
until tomorrow morning in order to
permit the defendants counsel to sue out
a writ OF habeas corpus. Meanwhile
Frank was paroled. to he Surrended to-
morrow morning, when bail will hc fixed
The other defendants were paroled ioi
two weeks pending the outcome of Frank
case