The Washington times., 1916-06-08
AcquittaI Of Howes Expected to
Result in Quashing Of SEQ
ond Case.
JUDGE FLAYS VICE SQUAD
Says officers Have Broken Into
Houses "In Obedience to
Their Superior Officers"

The acquitaal Of Policeman Mason 4.
Howes. OF the vice SQUAD" on q
charge Of uniawfully entering the homo
OF Mrs Rose Kennett. S26-3S Della
ware avenue northeast. probably Will
result in the dismissal by the Govern
ment Of a similar charge against
Policeman ]. e. Elliott. who was with
Howes on the night the house was en-
tered.
Assistant District Attorney Ralph
Given. who prosecuted Howes. has a.
vised District Attorney IAHkey OF his
evidence and that of the defense. ana
has Informed his superior OF the con-
struction placed on the Governments
case.
The District Attorney Is expected TO
decide definitely soon whether TO nolie
pros the information against Elliott.
Criticises Methods.
Judge Mullowney in Diminishing the
ection against Howes late yesterday
vigorously criticised the methods en-
ployed by the vice crusaders.
There has been much evidence" he
said ito show that police officers have
broken into houses without warrant.
and that they did so in obedience to
instructions from their superior officers.
That is no excuse for the violation OF
the statutes. for neither his superior
nor any other officer Is above the law.
Il conceive that police officers duty
Is a dignified one. and that he should
conduct himself accordingly. He should
not play the parts Of 'Peeping Toms
and Paul Pryes letting himself into
private houses with skeleton keys and
scaling ladders. for the law is very
Jealous Of the sanctity OF the home.
II Is his duty TO get information when
he suspects that the law Is being
yin m cd n VI
except in case OF felonies. when he may
arrest without a warrant"
Doubt in Courts Mind.
The acquittal OF Detective Howes was
due. Judge Mullowny Indicated, be-
cause OF a doubt in the courts mind
as to the private" character OF Mrs.
Kennett's home.
Taking Up the possible bias of wit;
nesses for Howes. Judge Mullowny said
that this point should be considered.
because II was reasonable that "chauf.
feurs and women of the street mlgnt
wish to curry favor with the police.
III Mrs. Kennett were on trial Tor
keeping a disorderly house" he said
this question OF bias would be given
more consideration. But I am not sat
isfied with the testimony Of Mrs. Ken.
nett / feel that she did not treat
the court in good faith about the reg
lister OF guests which she promised to
produce.
Reasonable Doubt.
with her testimony and with the
position she placed herself in by her
contradictory statements, and with
the testimony of the other witnesses.
motive or no motive, say that II
raises such a reasonable doubt in my
mind that ought to give the benefit
OF II to this defendant by ruling that
this house is such house as is not
protected by the statute. The defend-
| ant is, therefore. discharged"
! In two hours of arguments, Assistant
| District Attorneys Ralph Given and T.
! Hardy Todd maintained that the visit
| the night OF March l6 was unlawful and
that Justification for the act could not
| be found in evidence "besmirching the
! character of the house"
| Attorneys A. A. Birney and Michael
| Mangan argued that the Kennett dwell
! ing was not private, because 1t was open
! to dodgers.