The New York herald., 1920-12-24

SHERIFF MADE RAIDS
DESPITE HIS CRAMPS
Smith Of Nassau Denies He
Tipped Off Stuckey He
Was Coming.
DID VISIT DRUG STORE
But 1t Was to Get Medicine
Two Ex-Detectives Back
Him Up.
DID VISIT DRUG STORE

The defence in the case of Nassau
county officials on trial in the Supreme
Court in Mineola, charged with having
conspired to protect common gamblers,
devoted its day yesterday to clearing
the fair name of Sheriff Charles w
Smith. one Of the defendants He and
four witnesses to support him told the
jury how 1t was impossible for the
sheriff to have made certain state
ments and done certain things which
have been attributed to him. The two
other officials accused with Sheriff Smith
are Assemblyman Thomas A. McWhin-
ney and Supervisor G. Wilbur Doughty
The principal witnesses who have tried
to connect the sheriff with a conspiracy
are John n. Fleischer, associate secre-
tary of the Nassau County Association,
and Allen 0. Meyers a detective en-
ployed by the William J. Burns agency.
Fleischer at the beginning Of the States
case told how he had overheard Smith
and Doughty in a secret conversation
and that Doughty had told Smith that
"in case of trouble" (meaning the pros
pect of a raid). he was to telephone
a number he gave to him, which was
the number of a gambling house. The
testimony of Fleischer was attacked
when he admitted on cross-examination
he had been a lawyer in Massachusetts
and had been disbarred.
Detective Details Raid.
Meyers. the detective, related the de-
tails of a raid on the house of one
John Stucky in East Rockaway, in
which Sheriff Smith participated. He
said that just before the house was
reached Smith tipped off" stucky by
telephone. after going into a drug store
on the plea he was suffering from
cramps
Smith and his witnesses denied all
this with vehemence yesterday The
Sheriff himself was on the stand all
morning. He told how he had been
under treatment for stomach trouble all
winter when the raid was made, gave
the name OF his physician and the
names of friends to whom he had COM
planned and told how he had stated to
two of the keepers of Mineola Jail on
the night of the raid that he was going
only because he had his orders and
that $500 in cold money" wouldn't in
duce him to go otherwise in his then
state of physical i'll being.
He told further. how, having stopped
for medicine in a drug store. he pro-
ceeded to the gambling house and there
called upon It's proprietor to produce his
gambling paraphernalia. Meyers has
Sdiu tHt BdIHDleT tnen aSkeu why Smltn
had arrived within five minutes when he
had promised to allow a leeway of fif-
teen. Smith denied this outright yester-
day.
In a question he put to him on cross
examination District Attorney Charles
r. Weeks indicated that he himself may
asst me the witness stand to refute the
Sheriff on one point
IL
did you not come to see me one
tlme?" asked Mr. Weeks, land tell me
that Gideon and Busteed. the gamblers.
would stop IL you asked them to, but
that they were good fellows and why
not let them rum"
The Sheriff could not remember.
And" continued Mr.. Weeks, didn't
put my hand on your shoulder and
say Sheriff. tell them to stop now'?"
The Sheriff couldn't remember this
either
Sheriff Smiths corroborating wit
nesses were two former county detec-
tives, Carman Plant and Thomas Bar
butt. They went all over the circum-
stances OF the raid. supporting the
Sheriff at every point and contradicting
Allen Meyers fatty. No one who has
testified tha. the Sheriff entered drug
store on the night of the raid has been
able to swear that he used a telephone
while he was in there.
The case took a recess at the end Of
Yesterdays session to next Monday.
Counsel said they expected to finish by
next Wednesday.