New-York tribune., 1919-08-29
Dictaggraph Users
Held by Magistrate
For ''Listening In
Mystery of Why Instrument
Was Placed in Newman's
Home as CreatAfterHear.
ing in Court as Before


Listening to converse tions in a nr;-
Sa'e nome through a dictograph in
S.a'ieo IN the basement is just as much
oi CRIME as listening through a key
'o'e' according to a ruling made yes
terday by Magistrate Robert C. Ten
f-ycK' IN the Yorkville Court. The
magistrate held that detective has
no more right to resort to eavesdrop-
ping than has any other person, and
supported the contention that dicto-
graph is equivalent to an "elongated
ear"
lhe action was taken in the cases
OF Anthony Senes, head of the Senes
Detective Agency, 135 Broadway Harry
van Pelt, another detective, and
Jack jacobson, janitor, who are
charged with eavesdropping in having
Installed IN a dictograph in the home Of
Nathan Newman, an antique dealer.
who lives at 14s East Twenty-seventb' event h
Street. The three mon were held for
trial in Special Sessions.
Alphonse q. Koelble, attorney for the
three men, argued that the law against
eavesdropplng was obsolete; that if
was created more than twenty wears
ago to prevent gossiping, and that il
never was intended to cover the activi-
ties OF detectives equipped with dicto
graphs.
Mystery Still Unso1vcd
Alter the hearing the mystery Of
why the dictagraph was placed in the
Newman home and kept there for six
weeks was as deep as ever. Ferdinand
Pecora, Assistant District Attorney
wno Is prosecuting the men, said he
had received no ntimation of what
the detectives were after.
Newman testified that two men had
come to his home, posing as elcctri
clans, and that while pretending to fix
some wires had secreted the dctagraph
oehlnd picture frame. He said thev
connected the instrument with three
wires IN the basement, where the de-
}ectlves' };n+a, assisted by the jantor
listened to conversations carried on by
ms daughters, Estelle, twenty-six years
Old, and Frances, twenty-five. When he
went to the basement and remon-
stratod with Senes he said he was
pounced upon and the instruments
were taken out.
Attorney Koelble contended that it
was not material to the case whv the
dlctagraph was installed.
Scnes and Van Pelt had no intention
10 annoy or vex others. which the law
prohloits," said Mr.. Koelbl They
we're not eavesdropping in the sense
OF looking Tor scandal. AS duly licensed
detectives they had q right to follow
oheir legitimate business. Il they were
searching for evidence OF gambling
their action was creditable. If thev
were looking for evidence in divorce
case they ought not to be condemned ="
Debate Over Ethics
The ethics of obtaining evidence fur
nlshed the subject of debate between
counsel Mr. Pecora contendecl that
the law made it a misdemearor nun
ishablc by years Imprisonment or
5000 Tine, or both, to listen through a
keyhole. He asserted that dlctograph
was IN effect an elongated car"
Mr.. koelble then cited Section 72l Of
the Penal Code, which prohibits caves
dropping. to show that dictagraphs are
not mentioned in the law. The section
reads:
"A person who secretly loiters about
a bulldlng with intent TO overhear
dlscourses therein. and to repeat or
publish TO same to veX, or annoy or in
Jure others, is guilty OF a misdmeanor.
The law does not permit the intro
duction as evidence of conversations
between man and wife. because that
would violate the sanctity Of the home y
said Mr.. Pecora. Sure Y it would not
look with favor upon the evidence OF
detective listening through j dicta-
graph"
Magistrate Ten Eyck supported the
view OF Mr.. Pecora.
"Ihe defendants overheard by dicta-
graph said the court. This section
does not refer specifically either to
listening by keyhole or by dictagraph.
They were eavesdropping in my opin-
ion, and | hold them in $500 bail each
for trial in Special Sessions"