The Bridgeport evening farmer., 1913-06-12
NO CONVICTION
 OF BERNSTEIN
 IN CITY COURT
Delaney fingered by Decision in Her0iIl
 Case
Declares No More Cases Shall Be Brought in View of
 COughIin's Ruling

portance to the City of Bridgeport, as well as one viewed with interest from every section of the State, and having a deep effect upon the sale Of habit forming drugs was decided this morn ing by Judge Thomas C. Coughlin in the city court after the keenest prose cution and defense
 It was the case Of Abraham Bern } stein, the well known druggist at Hal lam and Ha1lett streets, arrested on April 10 by acting detectives Dooley and Bray, upon evidence secured by Dennis Dowd the well known drug fend from New Havens who was also sunder arrest likewise charged with vio- lating the ordinance prohibiting the sale of heroin without prescription. trial was discharged from custody and the case against DovEd nolled after Prosecuting Attorney Alexander De- tLaney had told the court his ruling had made it impossible to secure fur ] f11e- convictions of such offenders
 Dowd was first put upon the wit mess stand and gave his residence as s9 Lawrence street. New Haven- He told how he had been requested by the State Pharmaceutical Association ito assist fin the obtaining of evidence against local dealers from whom he
  had. after strict search at police head quarters, accompanies Detectives Doc 1ey and Bray to Berns6ein's store, first submitting to a further search, though he had not left the company Of the officers during the trip Going into the store he alleged that Bernstein had sold him the drug which was ad- Enftted to be heroine He delivered the package to the officers and the ar rest followed
 
 ing for sBsrnstesn. cross-exanained 'thel witness at length in effort to show that he was not morally responsible and that he might have been promised Immunity by the police.
 Detectives DooIey and Bray recount ed the incident and it was attempted upon the part Of the defense to show that Dowd had not been properly tsezrched by the officers. A conflict sarose between Prosecutor Delaney land Attorney Greens{ein in which the i1orrner was temporarily victorious.
 Bernstein was put upon the stand and denied making the sale. He swore ke had never seen Dowd but twice and trizorously examined by the Prosecu- ktor denied having in the presence of FdetectiveS and attorneys admitted pre- i-vfouz conversations with Dowd- De- tectives Bray and Dooley again put upon the stand swore Dowd had ac- conpanied them there on other occa- s-ons- Attention of Judge Coughlin waT called to the fact that Bernstein svvas attempting to perjure himself, and intf1natton made that he would further be prosecuted under charges of selling coca eine-a more serious of @ense- It was specifically called to the fattentaon of the court that the pres snt prosecution was made under the sordinence now superseded by the re- pcent state law which could not be in Frvoked
 Prosecutor Delaney in forcefu1 plea for a maximum fine of 500 with Tout prison sentence of 50 days said, tsa part: Tn the eyes of the law a man tseIHng goods under such a. license as druggists must obtain-and for but a Rsw paltry cents profft-and particu- Early such a vile contemptfble drug as kherofn to poor unfortunate dope man who offers a child his first drink tof wfislxsy Such men as Bernstein 1Ere filling our state hospitals, tails land asy5uIns for insane with criminals. isAnd for whst?-a few cents profit. II t2eeI it my duty in justice, not only ito the ordinary citizens of Bridgeport b1Tt speaking from my own personal observation of the awful inroads made by the use of this drug upon some kcf the men in our community, I am sEofnE to ask for the full penalty that at may act as a deterrent upon such kutrre sales
 Attorney Greenstefn, in his plea for Bernstein admitted that something mhou1d be done to curb the sale of Bhabat forming drugs but contended St1raG care must be used in securing kv5dence, which he contended in this 4nstance had not been done, that men HK such class as Dovd, an habitual 1s- mr of morphine would go to any ends Yin order to secure 11dS own freedom. Eonparfng Bernstein, reputable bus 4nesS man, with a family to support, nnd the possibility of losing his license upon conviction, with Dowd who was ttermed a dopester without moral Thought and who was a known dis spenser Of the drug Judge CougGl1in bFFas asked to weigh the evidence se- bcured by Detectives Dooley and Bray with the utmost care before finding his client guilty.
 In rendering his decision Judge acou<hlfn said: sfIt is a well known , fact that users of this drug suffer ser Sous effects mentally. It should be HExnown by the detective depar tTnent b11rat men using this drug will conceal 1t about their person and the detec- svfndo7v and kept in sight. The fact urove that the drug was not on his kable citizen do not believe the evil dence sufficient to convict and shall dfzcR1arEa the prisoner
 ~-Under that ruling, your honor, I cannot prosecute any more heroin cases.'. said Prosecutor Delaney
 s7go comment is required, said