New-York tribune., 1920-03-21

about Hilbert Wheelwrfght, Frederick
Sorger and Mathew ]. Gushing, the for
ner plainclotheS men Of Inspector Nc
Donald's squad on whose testimony the
grand jury brought out the indictment
against him.
Smith Wanted $2,5o0 Bail
After Colonel Porter, his attorney,
and Assistant District Attorney Smith
left Judge Malone's chambers, 1t was
learned that Mr.. Smith asked that bail
be set at $2,500, but on the application
Of Mr.. Hendrick the court considered
$1,000 ample. When he left, Judge Ma
lone's chambers Mr.. Smith said:
"I told Judge Malone, in the presence
I would like to try Porter on Thursday
of next week-that would be ready to
go to trial at that time. They did not
indicate whether they would be ready
or not"
Detectives Sorger and Wheelwright,
it was recalled yesterday, came in for
denunciation at the hands Of Judge
Wadhams, in General Sessions, on Feb
ruary II of last year, when Judge
Wadhams reversed the conviction Of
Emily Hoffman, Brooklyn high school
girl, sentenced by Magistrate Mancuso
for vagrancy and the violation of the
the two detectives.
The record of the case as presented
before Judge Wadhams showed that
Sorger and Wheelwright had made an
appointment with Miss Hoffman and q
woman friend in Miss Hoffman's apart
ment in West Ninty-fourth Street. The
men called at midnight, took the girls
to.a restaurant in Sixty-sixth Street,
remained there until o'clock in the
morning and then returned with the
girls to their apartment.
Judge Wadhams called the conduct
Of the detectives "scandalous," said
that the. men rather then the girls
should be accused, and directed AS
sistant District Attorney Smith to in
stitute an inquiry to see by whose au-
thoritythe city's money was being spent
by attaches for taxi rides and drinks
in cabarets.
ut is the officer who approached the
defendant" Judge Wadhams said, "by
calling her on the telephone, by taking
her to restaurant, by plying her with
drinks until o'clock in the morning,
who should be punished. This method
Of procedure is known as provocation.
The danger of permitting such convic-
tions to stand is obvious. The record
before me is scandalous record. 1t
CuVChS Luo sense Oh OeCeuCy. IL ap-
pears that this officer was not only the
initiator and instigator by calling on
the telephone and making an appoint
ment, but, having arrived. he took the
defendant out in taxicab, remained
with her until the early hours Of the
morning, dancing and drinking, and
then returned with her in q taxicab.
The court will not sustain any judg-
ment of conviction where it appears
that the crime was procured to be COM
mitted by the acts Of the police"
Colonel Porter is the highest police
official ever indicted in New York City,
Only four others in rank above that of
captain we're ever indicted and convict
ed. They were Inspectors Dennis
Sweeney, James E. Hussey, John J..
Murtha and James F. Thompson. Ali
four were convicted and sentenced to
prison on charges duplicating them in
vice and gambling ring, the four, it
was alleged, having furnished "protec-
ton" to hotels and gambling houses.
Each was indicted twice for bribery
The inspectors were convicted under
the administration Of District Attor-
ney Whitman.
The Appellate Division afterward re-
versed the decision against Hussey and
he was subsequently retired on a pen
sion.