New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-07-27
WALDO SUES FOR LIBEL
Actions Aggregating S750,O0o
Over Costigan Testimony.


street. counsel for Police Commissioner
nent last night that Mr.. Waldo had in
structed him to institute action against
The New-York Tribune The New York
Herald and The New York Press fol
iibel II publishing to-day false statements
concerning the testimony given Yesterday
by Lieutenant Costigan before the grand
jury. claiming $4,000 damages against
each newspaper in each case legal pro-
cess has been instituted and the action
Tor libel begun
The statement continues "a follows.
These statements are among others sub
Stdntially 20 the effect that L!eutvIalIt
Costigan had testified that commissioner
Waldo had failed to act upon testimony
which the lieutenant had presented 70
him against gambling houses, aithoush
the testimony was sufficient 10 warrant
police action. IN effect the statements
charge that Commissioner W aldo has
negiigenuy permitted OF Wiliuliy con
niyed at the maintenance OF saMpNhB
houses in this city.
Lieutenant Costigan has emphatically
and categorically denied that he has
made any sucn statements a. are I'M
puted in these pubhcatonS. Ihe Com
missioner believes that the licutepaBt has
publications. charging the Commissioner
with neglect of duty, which IL a criminal
offence, or with conniYance ~ the Viola
Ssz OF the gambling laws, which Is also
q criminal offence, are, he feels, TOO Serl-
Gus 20 pass without notice.
Lieutenant COstigan has not tnor mas
any other person. ever gwen any eNl-
dcnce concerning any gambling house
10 the Commissioner without prompt ac-
ton being taken on II II the evidence
justified such action. Nor has Lieuten-
ant Costigan ever given any list of gam
bling houses TO the Commissioner VITA
the statement that he had evidence
against any of them sufficient for police
action. Wheneyer any such evidence
has been presented TO the Commissioners
from any source he has acted promptly
and efficiently
He has taken every possible measure
10 enforce the law against gambling
lie has assigned number OF police
lieutenants each with squad of men,
10 obtain evidence against the gambling
houses 10 abate the uulSanceS or gam
bling houses and To punish the offend
crs These lieutenants all operate indie
Dendently OF each other In addition.
police inspectors IN the different inspec-
lion districts have men under them
charged with the same duties. and these
inspectors are held personally respOn-
sibie for the condition OF their districts.
As "a further precaution, the person
mel of the police officers employed on
the deputy police commissioners and
the chief inspector have from time TO
time given their personal attention TO
the enforcement of these laws.
To effectively secure the protection or
the police it would be necessary for the
gambler TO corrupt at least one inspector
and the men under him and also the diff
ferent police lieutenants and their DIFF
ferent squads assigned TO this work
Even then ne would be liable to action
taken by the different deputy police COM
Inissioners or the chief inspector.
Under such a system ii is obviously inn
possible for any gambling house to secure
police protection. And IL Is significant
that the gambling house of Herman
Posenthal, for which he claimed TO have
secured such protection. was frequently
raided and finally closed, having been
open only about twenty days.
The Commissioner believes that the SEN
fences imposed by the courts upon con-
vlcted gamblers are absurdly slight and
inadequate II appears that out of 100
cases OF conviction only ten have been
sent to prison, and OF these seven we're
imprisoned for less than three months,
two for three months and one for "A year.
Also the courts are very strict in their
requirements as 20 the amount and de-
such cases.
But in spite of these difficulties the
Commissioner has succeeded in suppress
ing public gambling. as he believes, more
effectively than ever before In the city.
And he has done this by legal methods,
by obtaining evidence In legal manner
and by proper police procedure Gam
ding is most difficult form of crime
II Is easily committed. and detected and
suppressed only with difficulty. There
always has been certain amount OF
gambling In all large cities. But Com
missioner Waldo has used the best means
at his disposal 10 suppress and punish
the offence. He has succeeded in his eff
forts. Ard in justice TO the city, as well
as to himself. he cannot let the false
charges OF neglect or connivance go an
challenged.