New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-01-16
Held in Strauss Murder
Case, Police Fail to Get
Evidence Enough.
"DOPEY BENNY" FEM
FACES MORE CHARGES
Whitman's Aid Surprises Detec'
tives by Joining in Request
for Discharge.

The four gunner arrested last Satur-
day on suspicion that they were mixed
iIp I'm the killing OF Frederick Strauss.
city Court clerk. during gang fight IN
front of Arlington Hail. St Marks pace
last Friday night. were released yester-
day by Coroner Feinberg. Assistant Dis
trict Attorney Murphy explained that the
police had failed 10 produce any cor
roborat tive evidence that warranted hold-
ing the men any longer.
The men were Benjamin Fem, alias
"Dopev Benny: Little Able" Becker
man, Reuben Kaplan and Wake" Cor
don.
The Coroner's court was filed with
young men Of the East Side when the
quartet was arraigned. They were OF the
type usually seen about the criminal
courts and the Tcmbs when cases having
to do with gunner and gang activity
are on.
Acting Captain Cooper and several Of
his detectives were present, and showed
some surprise when the Assistant Dis
trict Attorney announced that by an
agreement between the District Attorney
and the police he would ask for the pris-
oners' discharge.
"Dopey Benny" and his friends left
The courtroom smiling. On reaching the
street Fein solemnly announced 20 re-
porters that he had nothing to do with
Strauss death. His repeated arrests
during the last few months, he said, were
caused by his refusal to do certain
things TO satisfy certain city Official
While "Dopey Benny" was offering
whiskey in a bottle to friends in the low
er corridor Of the Coroner's court, AS
sistant District Attorney Colligan was
appearing before Judge Malone, in CEN
eral Sessions. to move t'ein's trial for
Monday on two indictments for second
degree assault and violation OF the Sulli-
van law. Former Magistrate Charles G.
T. Wahle. counsel for Fein. tried to have
the trial put off. Judge Malone SAID II
was Of the utmost importance that II
take place at once.
II is alleged that Fein took club away
from Police Sergeant Patrick H. Sheri-
dan on August Q. 1913 while Sheridan was
an East Side resort ire
duented by ex-convicts and gunner,
struck Sheridan in the face with 1t anu
threatened him with death. On Septem-
Der IS last Fein was arrested for carry
ing a pistol.
Deputy Commissioner Dousherty, AFTER
hearing OF the discharge of Fem ana MS
companions. issued a long history OF the
events leading up TO tie shooting. anu
wound up by saying that the acton Oh
Coroner Feinberg did not close the case
Lieutenant Wheeler, of the precinct IN
which the shooting occurred, was exon
c, ated YESTERDAY by Deputy Commission
er Newburger from charges OF raining
10 carse the arrest OF Edward MOTIFS
when Samuel Lpsig. of No. Is 81. Marx
Place. told him Morris knew all ABOUT
the shooting.
The trial of Patrolman kosenstoch'
charged with failing to INFORM MS
periors that there would be trouble III
Arlington Hall during the ganSmeh
hall. will continue Saturday morning.
Chief Inspector Max Schmittberger was
witness for Rosenstock yesterday. lie
said Rosenstock told him that man III
the neighborhood, known az Fat mad
said there might be trouble. Rcsenstoch'
Schmittberger said. guessed there WASH
anything in the tip.