New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1920-04-23

legged to have confessed his presence IN
the Goodall woman's apartment on the
night of November ~, had not been
asked to take the stand.
Tear OF Mask, He Cries
"Tear the mask from his defendant"
said Smith, land you will find mass
Of corruption and villany that threat.
ems the very sanctity of our homes.
He asked that the jury convict Colonel
Porter for the good it would do as an
example to other police officials.
statements made by the prosecutor. in
regard to the present police system be,
ing the most vicious in the history OF
the city. He also protested against the
statement that the defendant was
"wilful falsifer" and that he had used
his influence as a police official to give
aid and comfort to prostitutes.
In his summing up Mr.: Littleton re-
iterated that Detectives Hilbert Wheel
wright and Fred >Sorger, principal wit
nesses for the prosecution, were
charged with the same crime as the
defendant, and that they were subject
to Indictment. He pointed out that the
finding Of an Indictment does not create
any presumption of guilt on the part
of the defendant, and that the law says
an Indictment is simply the formula
ton of charges.
"Had the grand jury known that
Sorger had perjured himself hundred
times and that he had sworn falsely in
his affidavit and that Wheelwright had
been cold blooded accomplice to it,
they would have thrown these perjurers
out of the window and sent Colonel
Porter back to his desk in HONOR de-
clared Mr.. Littleton.
"If Colonel Porter had been given an
opportunity to be heard before the
grand jury, as he should have been, he
would not be on trial to-day"
He said the detectives who wanted to
arrest the woman in the Goodall apart
ment for indecent exposure had DELHI
erately torn the bedclothes from her
in order that she would be exposed.
He spoke of Wheelwright as a rat whose
honor had been stained by the shame
of q thousand women he had dragged
into court.
Sorger Called a Snake
Referring to Sorger's admission that
out his affidavit against the Goodall
woman when she was tried in police
court following the raid on her apart
ment, Mr.. Littleton said: "You saw
Sorger here, a kissing, biting snake,
whose lips are blistered with perjury.
Within forty-eight hours after Wheel
wright and Sorger had been transferred
from the special service division to
patrol duty they broke this rotten
scandal and in vcngeful villainy at
tackled Colonel Porter.
"These detectives may have been at
the Goodall apartment on the night Of
may have found man there who said
he was the Third Deputy Police Com
missioner or they may not. If they
did they knew when they came here
that the man they met in that house
was not the defendant.
at was only after they we're trans
ferred that any hint was given by
them that the man they found in West
Ninetysixth Street was Colonel Porter
A dog should not be convicted on the
testimony of these men,"
Judge Malone began reading his
charge to the jury shortly before 8
o'clock, and the case was in the hands
Of the twelve men by 3:45.
In his charge Judge Malone en-
phasized the Importance of the case
and urged the jury to be assisted by
the arguments of the opposing coun-
sci, but not to be misled by them
The jurors were informed that the
case was given to them on only two
of the counts contained in the indict-
ment-the first and the third. The
first count charges the defendant with
wilful neglect Of duty and the third
with having prevented Detectives
Wheelwright and Sorger from doing
their duty.
Judge Malone said it was possible
to build up an alibi on fabrications
and that such defense should be &C
copied with caution. He said IT,. uue
consideration should We given to the
defendants good character, but that
this did not mean that he could not be
guilty of crime.
Many women were denied admittance
to the court yesterday, and a number OF
them remained in the Criminal Court.
Building until late in the evening tt
hear the verdict. The defense appeared
to be confident that verdict of &C.
quittal would be brought in almost i'm
mediately, and when hours driftee
away, with no sign Of decision being
reached, there were many signs Of anx
iety among Colonel Porters friends. i.
Mrs. Porter did not go to the Grim
inal Courts Building yesterday, but the
colonel ha dmade arrangements to have
the jury's verdict telephoned to her a!
soon as it was rendered.
At o'clock the jurors went to dinnel
accompanied by Police Captain Edward
Reilly. They returned to the Crimina
Courts Building at o'clock.