New-York tribune., 1919-06-21
DetectiUe Gzsnson
To Face Charges

Formal charges have been preferred
against Detective John j. Gunson in
connection with his arrest of Sallie
Kobin and Lillian Cohen, who were con-
vlcted of disorderly conduct by Magis-
trate Francis X. Mancuso and exoner-
ated by Judge Rosalsky. This was an
nounced yesterday by District ATTORNEY
Swami, following a conference with
Police Commissioner Enright. The
case will be directed by the Police
Commissioner himself and all the evil
dence available will be supplied to hin,
by the District Attorneys Office. Com
missioner Enright will handle the case
personally because Of Mayor Hylan's
letter asking for a complete inyestiga-
ton, 1T was said.
The detective will be tried as a po-
llce officer on department charges. He
has not yet been suspended from DUTY
so far as could be learned Yesterday
The trial is expected to begin next
week, as coon as the results Of the in
vestlgation are available as evidence.
Judge Issues Statement
Judge Rosalsky, who discharged the
girls on appeal, issued a statement yes
terday reviewing his part in it. lie
said:
1.-The case appeared on the calendar
on several occasions and the judge in
quired Of Assistant District ATTORNEY
Brothers whether he was ready to pro-
ceed with the trial of the defendants.
He replied that in view of the de-
cision, he would recommend the dis
charge Of the defendants.
Assistant District Attorney Brothers
is one of the ablest members of the
District Attorneys staff, lawyer of
trained and wide experience, and q
public official in whom every member
Of the court has confidence. He made
tbe following recommendation, which
was approved personally by District
Attorney Swami:
"June II, 1919-After reading the
record in this case and the opinion of
Judge Rosalsky, and being informed by
the arresting officer that there is no ad-
ditional proof, l am Of the opinion that
these defendants should not be tried
again, and recommend that the charge
be dismissed and that their bail be dis
charged
Calls Swami "Inconsistent"
The papers were then presented to
me tor action and / approved of the
recommendation of District Attorney
Swami. l had every reason to assume
that the District Attorney had read the
record before he approved of the action
OF the trial assistant, but from what
have read In the public prints it seems
that the District Attorney now contends
that. on tho facts as they appeared be-
fore the magistrate, the magistrate
rendered proper decision. l fail to
understand the inconsistent attitude of
the District Attorney.
THE decisions Of the Judges Of the
General Sessions are in full accord with
the decision in the present case. In
People against Ruettman, decided by
me, | defined the powers Of the re-
viewing court, and in this case ! en-
phasizcd the point that the decision Of
u magistrate will not be sustained upon
question Of fact, unless it clearly ap-
pears that his finding is sustained by
evidence. But where it appears that
he made an erroneous determination
the Judgment Of conviction will not be
upheld"
District Attorney Swami would make
no reply to Judge Rosalsky's reference
TO his Inconsistent attitude" He said
the matter was a closed incident and
That there was no controversy.
Judge Rosalsky and I arc In pcrfcct
accord" he said. owe arc delighted at
the vindication, and 80 Is Magistrate
Mancuso. There is nothing to tho in
that the case Of the two girls
did not 90 through regular channels.
put was rnanmuyred TO come before
Judge. Rosalsky. The case properlv
came Dsf9rs him him end wss ysrx Psopssly