New-York tribune., 1920-05-15
Judge Malone's Dictum, ''No
Disorderly Houses" May
Cause More Liberal In
depreciation of the Law
Belton to Retain Post
Courts Order for Acquiital
of the Inspector Brings
Demonstration by Friends


to the command of the Fourth Inspec-
tion District by Commissioner Enright
Yesterday, almost before the ink was
dry on the minutes of the Court of
General Sessions, which recorded the
verdict
tnright's prompt reassignment of
Henry to rule the Tenderloin oc-
cssioned no greater comment among
observers of Police Department politics
than did the announcement from head
quarters that Acting Inspector Samuel
belton is TO remain in charge of the
special service division. This is the
squad of sixty plain clothes patrolmen
that operates in vice and gambling
cases throughout the city under the
supervision OF the Commissioner.
Liberal interpretations Expected
Judge Malone's dictum that "after
this canvass of witnesses 1t has been
brought out that there are in the en-
tire district no disorderly houses" viii.
It IS asserted find immediate fruit in
more liberal Interpretation of the
law.
Inspector Thomas Mcdonald, who
headed the special service division up
to the time Of Henry's indictment and
suspension, when he was temporarily
assigned to command the Fourth Dis
trict, vas ordered to take charge of
the First Inspection District, on the
lower East Side. 1t was recalled that
when Enright removed Honest Dan"
Costigan from the special service divis-
ION he was sent to the irst District
tor awhile before being reduced to the
rank of captain
Inspector William F. Boettler went
70 the 18th Inspection District, in the
Williams burg section of BROOKLYN. and
Acting Inspector Isaac Frank from the
10Th District back to the captaincy OF
the Liberty Avenue station.
Sam Belton, who is to hold sway
over the clty,.wide machinery for the
suppression of vice and gambling, was
an officer in the Police Lieutenants' As
sociation when Dick Enright was
president of that organization. One of
Enrlghts early acts after becoming
Commissioner was to make Belton a
captain and place him in command of
the West Forty Street station,
IN the heart of the Tenderloin.
High Honors for Belton
II has been an open secret that En-
right was ambitious to heap still higher
honors on Belton and ensconce him in
conhdentlal post in the police admin
Istration. The opportunity came when
Henry was suspended. Belton was
taken from the West Forty-seventh
Street station and brought to head
ure, 1t was conceded yesterday, must
nave been eminently satisfactory to his
chief or Enright would not have de-
clded to retain him.
Judge Malone's ruling that the evil
dence adduced by the prosecution in
the Henry trial did not show that In
spector. Henry had been guilty of negli-
gence IN suppressing vice in the 4th
Dlstrct is expected to constitute a
guide by which Commissioner Enright
and Acting Inspector Belton will gov
ern their future ACTIVITIES toward curb
ing the social evil.
The action of Judge Malone in di-
rectlng the jury to acquit Henry came
as surprise to James E. Smith, As
slstant District Attorney, who conduct
ed the prosecution. When court ad
Journed Thursday evening Mr. Smith
was confident that the case would be
permitted to go to the jury.
Bingham Endorsed Henry
At yesterday mornings session W.
bourke Cochran, counsel for Henry.
put on six character witnesses for
his client and read into the record a
statement from former Police Commits
sioner Theodore J. Bingham. who
salled Tor Europe last week, attesting
to Henry's probity. The witnesses 3
were:
Henry Thompson, real estate broker.
Of 1872 West Fifty-eighth Street; John
kenlon, Chief Of the Fire Department:
Joseph c. Grove, dry goods merchant,
9 West Thirty-fourth Street; Robert
H. Manner, 378 West End Avenue; !;
Robert j. Cudahy. treasurer of the
Funk & Wagnalls Publishing Com
pany, and Charles Thorley, of 6O4
Fifth Avenue
mony Mr.. Cochran rested his case and
Immediately moved that the court di
rect the jury to acquit the defendant.
Judge Malone glancing at a sheaf
of manuscript, said:
II feel constrained to grant this mo-
ton. | have been very anxious to have
this case disposed of expeditiously
There has been a great deal of evi
dence and now the state requires me
to assume my responsibility. The cas
has evoked great deal of public in
trest. and properly so. On the purity
of the Police Department depends tn
peace OF the community. 1t was the
duty. OF this defendant to enforce all
law in the 4th Inspection District and
1t IS useless for me to discuss further
the degree of his work in this respect
Tins vice evil as condition has
always existed and it has taxed the
efforts O. good men and women since
the dawn of civilization.
Judge Lauds Police Work
TO inhict punishment on public
othcial for an accidental mistake where
no wrong was intended and none was
done would be violation of the human
principles of equity which should guide
tnc administration of criminal justice
After this canvass of witnesses il
has been brought out that in the en-
tire district there are no dsorderly
houses l feel constrained to hold
mere that the defendant, together with
the other branches of the Police De
nartment, has enforced thoroughly
and we'll all laws affecting the public
morals and public interests
Nothing more could be humanity ex.
pected. direct the acquittal of this
defendent"
The jurors whispered one TO another
IN the box for a moment and then the
foreman arosesand announced:
We find the defendant. Domin,cx
Henry, not guilty
Mr Cochran and ". T.. Murphy. who
uas associated with HIM in the defense
erasped Henry's hand in congratuls
ton. Assistant District Attorney Smith
left the courtroom.
As Henry reached the corridor he
Uas eurrounded nv q oroun of ool;..