New-York tribune., 1919-10-01
Cafe Owner Files Personal
Action Against Boettler,
Gray and Low for $50
as Leaders of Wreckers
Asserts He'll Sue Others
FurnitureBroken and Guests
Made to Run Cantlet of
Fists, Damaszek Declares

'""iHie III - ~ NdIhS 1IdCc was
maliclously demolished by police
raiding party under Inspector Boettler
yesterday, asked District Attorney
Swan to prosecute Boettler and his
men.
formal letter Of complaint turned
over to the District Attorneys office
by Damaszek through George T. Med
allie, former Assistant District Attor-
ney, his counsel, charges Inspector
Boettler and his men with malicious
mischief and OPPRESSION"
District Attorney Swami assigned
Alfred j. Talley, his chief assistant, to
make an investigation.
Mr.. Medalie announced last night
that he had served Boettler, Gray and
Low with summonses and complaints
in an action for $4,000 damages in be-
half of Damaszek. He said that as the
identity Of the other policemen con-
cerned in the raids was revealed they
will be made defendants.
Tells Of Destructive Raid
what he alleges occurred in his place
early Sunday morning. He charges
that the police contemplated only
the destruction" OF his property,
and on their way out of the
cafe customers were compelled to
run Il gantlct CT policemen, who
struck them with their fists. He
says that Inspector Roettler laughed
when the ramps N the place were
struck BY . chair.
81 an the proprietor Of restaurant
at II st. Marks Place, in the County
Of New York; the letter says. "This
restaurant is open day and night. No
lawlessness has ever been committed
therein and the place is conducted in
an orderly manner.
spectacle people. Disreputable per.
sons do not congregate here. Among
others. walters returning late from
work patronize my place. In addition
persons coming from lodge meetings
in the neigh hborhood patronze me
This patronage is largely due to MY
membership in sixteen different or
ganiZaiions. ! have been located al
this place for four years and have
been in this business continuously
Tor eighteen years.
son July 90. upon q raid made by
Detective Thomas W. Gray, certain OF
my customers, as we'll au myself, were
arrested, brought before Magistrate
Sweetser on a pretended charge of
disorderly conduct, convicted and SEN
tence suspended. Thereafter, in the
Court of General Sessions, upon ar
examination of the record, Judge Wad-
hams reversed the conviction on the
ground that there was no evidence tc
warrant conviction.
Gambling Charge Denied
cat about 2:15 on the morning of
September 2S, while ny place con.
tanned a number OF patrons who were
eating, drinking coffee, and. some O
whom were playing cards, but not fol
money, police officers dressed in civil
ian clothes, headed by Inspector W. T
Bocttler and accompanied by Max Low
i, Thomas w. Gray and others, to thu
number of between fifteen and eighteen
ertered the premises. No attempt wa:
made to execute q warrant or to make
any arrest. ! stood behind the ciga1
counter at the time. No disorder O.
any kind warranted the intrusion b,
the police. Their failure to make an,
arrest or to attempt to make any arres
/ fully establishes this fact, as no pa
irons were permitted to leave the place
without their permission.
''Inspector Boettler said: Ready
Thereupon chairs were seized by hin
and the other police officers and throw
about the place. Certain of the officer
threw chairs in front Of the door s,
be injured. Some of the people VIII
were permitted to leave the premise
fell over these chairs. The police Of
fcers seized the chairs and smashe
the overhead electric light. The table
we're overturned by the officers an
thrown to the floor, breaking the leg
and otherwise injuring and destroyin,
them. An attempt was made to ente
the kitchen, but this was resisted b,
my cook. Inspector Boettler overthrey
table, smashing one Of the legs.
Customers Were Assaulted
customers Of my place were per
mitted to leave by the front door. Their
are two front doors in these premises
One OF these was closed by some Of tn
police officers. They then lined up a
the other door. The customers wer
told to pass out. In passing out the
we're compelled to pass the police of
ficers. AS they went by, these custo
mcrS were StrucR with nStS by varlOu
officers. Inspector Boettler stood ther
watching this proceeding. Boettl0
yelled: Get OUT" to these custome
as they went by this line of poiceme
who beat them. He watched this pc,
formance. When a lamp was struck b
a chair Boettler laughed. He made n
remark to me personally.
"No attempt was made by any polio
officer. including Bocttler, to seize @
arrest anybody, nor was any scare
made Of the premises to determin
whether anything unlawful was goin
on. After the police officers left, | c,
amined the place and discovered tha
my te lephonc wire had been cut an
, that the toilet basin in the rear c
tho store had been smashed. Practical
, all OF my furniture has been destroy
The entire proceeding lasted abol
twenty minutes.
No One Was Arrested
= "As 1t is evident from tho forcgoin
, that the conduct Of the police conten
, plated only the destruction Of my proJ
= crty and not the making Of any ARE s
, their acts were unlawful and opprc.
+ slvc and intended to mjurc me in II,
business. That there was not even
suspicion of a violation of law cnte
tanned BY the police is proved by I'll
TACT that no person vas arrested
detained on any charge whatever
Il therefore request that a full il
vcstigation be made of the foregoir