The sun., 1912-07-01
C0CKRAN'S EFFORTS GET
NEW TRIAL FOR CLIENT
Ticks Out Flaws in Prosecution
and Appellate Division
Rcvcrscs Conviction.
INVOLVES CIGAR THEFT
Lawyers First Time in Crimi-
nal Case in Years Good Thing
for Young Man.

The efforts of ". Bourkc Cochran In
behalf OF n man charged with burglar,
In the third degree whom he was as.
signed to defend in General Sessions
and which caused Mr.. Cockrans frs,
appearance In "A criminal case in years
have resulted in u decision of the Ap.
pcllatc Division of the Supreme Cour,
reversing the conviction NJ Mr.. Cock.
rams client aud directing a new trial
The judgment WAS reversed chiefly on
MIR. Cockrans objection To- testimony
offered by the prosecution and because
OF the exclusion of questions asked OF
the chief witness for the prosecution
by the defendants attorney.
Mr.. Cuckran's client was Patrick Cal
lahan. a young irunworker. who had
been in the Catholic Protectory three
years and In Elmira one year before the
AFFAIR occurred which landed him into
court charged with burglary in the third
degree as a second offender.
At \. NJ. on February II. 1911. the
door OF a cigar store kept by Jacob
Bant2 In tho basement of the building
at Seventy -iifth street and First avenue
was found forced open Apparently
nothing had been taken except several
boxes Of cigars and few cigarettes.
hut the spigot Of keg OF grape juice
had been turned on. and the floor was
covered with ii. Bantz testified at the
trial of Callahan that he believed that
II was the result of spite work on the
part of competitor. as the door had
been opened by burning off the hinges.
About an hour later that morning
Callahan was arrested at Seventeen
street ana First avenue. The police
man who arrested him said he s.
standing beside a horse attached to a
single surrey, with one hand on the
shaft OF the rig. The policeman said
he questioned Callahan and Callahan
explained hc had borrowed the rig from
Harlem fruit dealer to drive man
to Long Island. The man had dined
and wlned him and given him tip of
50, he said. The policeman also testi-
fed tina; In few minutes another man
emerged from the hallway of saloon
near by and said to Callahan. Tell him
everything is all right"
The rig contained threc or four boxes
Of cigars. two packages of cigarettes.
and papers which proved to have been
taken from Bantz's store. Callahan and
the other man, whose name was Block.
were taken 10 the police station as sus-
picious persons, and later Callahan was
indicted for burglary.
Justice Laughl!n, who wrote the
opinion of the Appellate Division order
Ing a new trial for Callahan, said that
on the trial Mr. Cochran tried to prove
through questioning the policeman that
he had reported 10 the lieutenant at the
police station that he found both Calla-
han and Block emerging from the sa-
loon, and that an entry 10 that effect
was made in the blotter. Justice Miller
said that this statement, II true. would
have destroyed the only evidence to
connect Callahan with the burglary. but
the trial court refused to admit that
question.
The court said that Callahan had tes-
tificd that he was employed as an IRON
worker on the Municipal Building and
was earning $25 week, and on the |
night in question had played the cornet |
until $3.50 4. NJ. al a club in The Bronx. |
He said he went home on the elevated, |
and was carried past his station while |
asleep. He got off at Sixty seventh |
street and First avenue. He was warm |
ing himst II by "A bonfire when arrested. |
he said. and he denied that he made any |
statement To the policeman about the |
horse. or that he knew the man Block.
The court remarked that one OF the
several character witnesses for Gala
han was his fiancce. who said that 80
far as she knew he had always borne
A good reputation. The prosecuting at
torney asked If she didn't know he had
been associating with thief named
Block" Justice l.aughlin said there
vas no proof that Block was a thief,
and that the manner in which the ques-
Ion was asked might have led the jury
O believe that the prosecutor had based
lis question on absolute knowledge.
Justice Laughlin said he was not
satisfied that the store had been bro. en-
nto for the purpose of theft. and be-
ieved that If Callahan and Block had
'een there. and had the rig with them
hey would have stolen articles that
would have been of some use to them.
IN the whole record Of the case the
Ollrt decided that "the ends OF Justice |