New-York tribune., 1912-08-12

Decisions that were handed down by
william J. Gaynor when a justice OF
the Supreme Court of the county OF
Kings sustain In no uncertain IAN
auage. the recent attitude of the police
toward houses in which gambling Is
supposed to take place and houses al
legged to be run as disorderly resorts.
one case in particular was that OF
Edward j. Glennon, a patrolman' VINO
in 1901 WAS convicted of a misde-
meanor for neglectng to arrest the
woman keeper of a disorderly house.
Through Charles II. Hyde and other
LAWYERS Glennon made application 10
the Supreme Court for certificate OF
reasonable doubt. and the certificate
was granted by Justice Gaynor. The
court held that the jury was led TO con-
Wet Glennon on a theory that was
wholly false and dangerous"
Justice Gaynor wrote that the trlal
Judge had let the case go 10 the jury
with the understanding that although
there was no one who could swear 10
the necessary facts to obtain a war
rant nevertheless the policeman had
the right 10 invade the house and make
the arrest on his suspicion or moral
certainty, or on what the trial judge
had called conscious knowledge
1T seems TO me-" wrote Justice Gay
nor. that this all conveyed to the jury
that the lawless raids which are so
often made without warrant by the po-
lice in the county OF New York on hear
say or suspicion are really lawful, and
that that was the course this defendant
should have followed"
Further on in his opinion Justice Gay
nor wrote:
Instead OF police officers having the
tyrannical power Of arrest attributed 10
them, they, in fact, have no power to ar
rest for a criminal offence without a
warrant which every citizen does not
possess. Every citizen has always had
and is EXPIRE ssly given by statute (COde
Or. Pro. 1881 the right and power To ar
rest and take before a magistrate, Win
criminal offence, whether misdemeanOr
or felony In his view, and If a felony
has In fact teen committed, although not
in his view. he may In likS manner ar
rest without warrant the person VINO
committed IL. They have therefore pro-
vided for police officers, but have taken
care TO give such officers no rlSht OF
power OF arrest without warrant. n
policeman (to. speak plainly Is only q
citizen dressed in blue clothes and DraSs
buttons. with no right or power To ar
rest without warrant which all MS leI-
low citizens do not possess, ana ne
should be taught by those In authority
over him not To- forget this.
The only exception or addition TO the
foregoing is that where a felony has IN
fact been committed, although not in his
view. a policeman may without warrant
arrest any person he has reasonable
ground for believing to be the one who
committed II.
Must Go to Magistrate.
II police officer knows Of facts
which show that a criminal offence or
the grade of misdemeanor has been COM
mitted hut which he did not see COM
mitted then there is only one course for
him to pursue His duty is TO go before
"A magistrate and make a written COM
plaint under oath OF suck facts and OBJ
tain a warrant. and then make the arrest
with such warrant. II the officer does
not know such facts. but some person
who processes TO know them tells him
Of them the officer cannot himself OBJ
tain warrant. much less make an ar
rest on such hearsay. | have said tho
foregoing, which IS household knowledge
everywhere outside Of the city OF New
York. only because the jury in this case
was not instructed az 10 the limitation
OF the power of this defendant AS a po-
lceman 10 invade or make arrests with
out a warrant.
The justice then quotes the Constitu-
tion of the United states regarding the
right of the people TO be secure in
their persons, houses. papers and
effects" which provision, though opera
tive on the federal government only,
was adopted IN the bill of rights in
New York.
Ending this ruling, which was made
In January, 1902, Justice Gaynor
wrote:
Owing to the odium lately brought on
the police force by the conduct OF per-
sons put In rulership over II, 10 accuse
a policeman OF any offence was, to bor-
row saying from an historic case. to
put on him a caput lupinum and offer
him as prey TO mankind"
In ancient times accused persons could
ny for refuge TO Established sanctu-
aries, especially In times OF clamor. \
sa fe sanctuary TO accused persons with
us should always be "A court OF justice,
no matter what the hue and cry outside
may be.
Waldo Is Puzzled.