New-York tribune., 1919-06-20
District Attorney Says He
Will Investigate Stories
Officer Cunson Told Be-
fore Magistrate. and Judge
Defends Mancuso'sAction
Saws He Could Make Only
One Decision ON the Evil
dence Presented to Him

District Attorney Edward Swami an
nounced last night that he intended
to investigate statements made by De-
tective John P. Gunson in the case
of Miss Lillian Cohen and Sally Goblin,
who were exonerated by Judge Rosal-
sky after they had been arrested in
the street, to ascertain if perjury had
been committed.
He called attention to new statute,
passed by the Legislature in March, by
which a man involved in any similar
case of misconduct may be held under
the vagrancy act. Previously, only the
woman accused could be held.
The new law, which was hailed by
Assistant District Attorney Smith as
making "an end to dual morality" is
in the form Of an amendment to the
criminal code, introduced by the Com
mittee of Fourteen and approved by
the District Attorneys office. 1t
changes the reading in several places
from "a woman" to "a person"
Brings In More Testimony
ut is a splendid thing to bring the
men into court in these cases." said
District Attorney Swami. eve shall
then have something to go on besides
the evidence of the police officer who
makes the arrest. We must proceed
with the greatest caution in these
cases, for it were better that thou
sand guilty should go free than that
one innocent woman be sacrificed. Un-
less the woman is an old offender and
known to the policeman, she should be
given the benefit of every possible
doubt"
Judge Swami said he would make
a suggestion to this effect to Police
Commissioner Enright, and called him
on the phone for this purpose, but
was unable to reach him.
Judge Swami issued a formal state
ment, in which he defended Magistrate
Mancuso, who found the two girls
guilty, and declared that with the evi-
dence at hand the magistrate could
scarcely have taken any other course.
Regrets Any Reflection
He very much regretted, he said, that
cuso had come from the District At
torney's office, inasmuch as several AS
sistant District Attorneys were can
didates for the same appointment as
Magistrate Manusco. Assistant Dis
trict Attorney Markewich, who was in
terested in the defence of the two
girls as friend of the family, is not
one of these candidates, however.
Judge Mancusco having rendered his
judgment upon evidence which he con-
sidered sufficient was thereafter
functus officio and had no power to
set aside the judgment" he said. 81
understand Judge Mancuso says he so
Informed the geneltmar who asked him
to set aside his judgment, and he in
formed him that the proper remedy
was an appeal to the Court of General
Sessions, where the judge sitting had
the right Of reversing. That course
was pursued and Judge Rosalsky re.
versed the judgment of Judge Man
cuso.
II believe from what Judge Man
: cuso says that he is very mucl
pleased with the vindication of thes,
young women, as every right-thinkin,
person should be.
Claim of the Defense
sThe claim Of the defense is tha
the officer in the case, having made
mistake, foolishly attempted to justif,
it by drawing upon his imagination, t.
the injury of the young women.
"This office will use it's best en-
deavors to investigate this part of tn
case and ascertain whether or not per
jury was committed"
The question of perjury in connec
ton with Detective Gunson's testimon,
rests in the discrepancy between hi
story as told to the magistrate ant
that of the girls concerning the event
that preceded their arrest in Time
Square on March q. Following are ex
tracts from the court record of hi
testimony:
The two defendants stopped an,
talked to two men who were walkin,
south on the same side of the street
they engaged in conversation will
these two men for about two or thre,
minutes
The two defendants entered tn,
long corridor that extends through tn
Hotel Astor, known as Peacock Allev
l followed them and saw them wall
slowly through the corridor, smiling i,
the faces Of men seated on the lounges
Saw Them in Street
They then went out, and at poin
midway OF the block, between Forty
third and Forty-fourth streets, I saw
them stop and engage in conversatio,
with two men who were walking nortl
and who were dressed in the uniform
of United States army lieutenants
After few minutes conversation will
these two men the two defendants anf
the two men walked south on the wes
SIDE Of Broadway until they came t.
the northwest corner of Forty-secont
Street and Seventh Avenue, where the,
stopped and held conversation
While they engaged in that converse
ton walked up to the two defendant,
and the two men and informed then
that / was a police officer and asket
them what the nature of the conyerga
ton was.
Il said TO the army officers, DO yb,
know these women% They said, No.
said, How did you come to NEE,
themT Well one Of the army officer,
said, they spoke to us up on Broad
way, and asked IL we were out for ,
good time, and we were talking owe,
some place 10 CO. ! said, Did yo,