New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-11-20
THE TR|BUNE'S ANSWER
IN WALDO LIBEL SUIT
Filed in Supreme Court YeSter-
day in the Police Commission
er's Action for $3.50, 900.
JUSTIFICATION PLEADED
Publication of Lieutenant Cos
tigan's Testimony Before the
Grand Jury Claimed To Be
True and Privileged.

True and Privileged.
Police Commissioner Rhinelander Waldo
several months ago brought libel suit IN
the Supreme Court against The Tribune
asking $3.50 600 damages, basing his claim
particularly upon the publication Of tesu-
mony stated 10 have been given by Lieu
tenant Costigan before the grand jury on
July %. concerning the responsibility OF
tho Police Commissioner for existing gam
bling conditions in New York, and upon
an editorial article criticising his official
course of conduct. The complaint as orig
inallv served alleged three causes Of ac-
ton. but the court required the plainuft
ia serve an amended complaint, in Which
these were consolidated into one cause OF
action. Sackctt Chapman & Stevens as
attorneys for The Tribune Association
filed the answer of the defendant TO the
amended complaint in the County CLERK
Office Yesterday.
The answer contains the usual genera
denial and other matters OF technical ue-
fence and in paragraph Fourth" the de-
PENDANT not only admits the publication OF
the matter complained Of, but also se's
forth AT length all the articles relating 10
tie police scandal and Rosenthal murder
that were published in The Tribune on
rplv o. The most important and inter-
esting part of the answer. however, IS
the affirmative defence Of Justification
Aside from some technical points, the
substantial parts Of that defence are as
follows.
"seyenth-Shortly prior to the time Of
Qualification Of the words and matter
sol forth In paragraph Fourth Of this an
ev,or a great public scandal had arisen
in the Police Department of the CITY OF
New York. Such scandal was justly re-
rardcd as one Of the greatest thal hau
ever existed I'm connection with SAID de-
,,artr,cnt in the whole of the history OF
eaid municipality. The responsibility TOT
the conditions in said Police Department
that led TO said scandal rested upon inc
,Jaintiff. as such Police Commissioner
This was so by reason Of the laws OF the
state defining his powers and eolsa'lohs'
He also made himself responsible there-
for In the adoption Of new methods lot du-
,oinisterjng the duties Of such office ana
nv tbe manner in which he administered
the same. He also assumed such re-
sponsibility in his public utterances.
"Eighth-The plaintiff assumed office as
such Commissioner of Police on or ABOUT
Nav %. 1911. Shortly thereafter he maze
radical changes in the methods that hau
been followed by his predecessors in such
Office with respect TO the detection and
suppression Of criminal resorts and par
ticularly of gambling houses within SAID
city. Previously each captain OF police mad
been held responsible for vice conditions
in his precinct and each inspector OF po-
lice for the conduct of the captains ana
uniformed force in his particular mspec-
ton district Under the new regulations
and methods adopted by the plaintiff as
such Police Commissioner, captains OF
notice and members Of the police force
under their command were not allowed TO
enter any premises for the purpose OF OBJ
tanning evidence against gambling; they
were not permitted to have men under
them in plain clothes; detectives were
also prohibited from entering premises
for the purpose Of obtaining evidence
against gamblers: a force known as the
Central Office Squad was formed by
the plaintiff soon after he entered upon
the duties Of such office, the members or
which were charged by him with the en-
forcement Of the gambling law; he d.
rected that inspectors should be held re-
sponsible TO him for the existence of gam
bling in their districts and at the same
time assigned number Of heutenants OF
police. with what he considered to be the
necessary number Of police officers under
them, to obtain evidence against gam
blers throughout the city, such heutenants
TO operate independently OF each other
and 10 report directly TO the plaintiff as
such Police Commissioner.
Increase Of Gambling Charged.
"Ninth-soon after such notifications
in the method OF police control and man.
agement had been effected by the plain
tiff. charges began TO be made publicly
by magistrates in the criminal courts OF
New York, and by other officials and per-
sons Of responsibility and influence, that
49, results Of plaintiffs said new methods
were bad; that corruption on the part Of
police officers, especially in connection
with gambling houses. was on the increase,
and that those engaged in the unlawful or
criminal conduct Of such houses were con-
Quoting their business more and more
openly and that the evidences of the con-
nivance of members of the police force Of
the city Herewith were constantly In
creasing. There were many circumstances
20 confirm such statements and charges.
and the belief became general in the pub
lie mind and frequently found expression
on the part Of the public speakers and in
the great majority Of newspapers and
other publications rejecting public senti-
nent. that such charges were well found
ed, that a great scandal affecting the
Police Department Of the City Of New
York was being created, and that the new