New-York tribune., 1920-05-13
Henry'sDefense
TOBe Based on
Arrest Record
Cochran Says Vice Squad
Made More Hauls in
Third District Than in
Fourth; Has Statistics
Will Open Case To-day
Contends Inspector Made
More Captures Than DAILY
and Mcdonald Combined

and Mcdonald Combined
The defense in the trial of Police
Inspector Dominick Henry, charged
with neglect of duty, will open this
morning before Judge Malone and a
jury in General Sessions. W. Bourke
Cochran and William f. Murphy,
Hcnry's counsel, were still undecided
last night whether they would put the
accused official on the witness stand,
Mr.. Cochran said he would rely
largely on Police Department statistics
purporting to show that Inspector
Henry's squad made more vice arrests
in the 4th District than the special
squads Of Chief Inspector DAILY and In
spcctor Mcdonald combined 20 acquit
his client of the charge of negligence.
He will also produce statistics TO show
that Days and McDonald's men made
more vice arrests in the Sd District
than in Henry's balliwick.
Henry's lawyers tried to get these
tabulations of arrests into the record
yesterday by having Chief Inspector
Daily testify to their accuracy The
court barred them, however, pending
their vcrifcation by actual records from
Police Headquarters. DAILY agreed to
have the records on hand to-day.
They show, according 20 Mr.. Cochran,
that from January |. 1919. until April
|, 1920, the period covered in the in
d ctment, Inspector Hcnrys squad made
244 vice arrests in the 4th Inspection
District. In the same period Daly's
headquarters squad made 1866 vice ar
rests in the district and McDonald's s
special service squad III.
More Arrests in Sd District
The figures further reveal that within
these fifteen months Daly's men made
l06 and McDonald's men 263 vice ar
rests n the Sd Inspection District, a
total Of 369. as against 343 the two
squads made in the 4th District.
Inspector Henry's squad was COM
posed of sixteen men, who were charged
with the enforcement o. anti gambling
and other laws as we'll as those against
immortality. Inspector Mcdonald has
on duty in the Fourth District. Chief
Inspector Daily has eleven men. who
work in the Fourth and other districts.
Our contention will be- said Mr..
Cochran, that Inspector Henry should
no more have been indicted than the
inspectors of the other districts in
which these special squads made ar
rests. Henry. Daily and Mcdonald had
no divided responsibility. They were
expected 70 cooperate and they did CO.
operate in the enforcement Of the law
Assistant District Attorney Smith
called Captain James McAuley, Of the
West Forty-seventh Street police sta
ton. as the prosecutions first witness
Yesterday morning to testify regarding
the placing Of policeman in the Hotel
de France. following the arrest of Flor
ence Hartig there on November 8, 1919.
This is the hotel which was conducted
by Ferdinand Delennc, who testitie
Tuesday that he paid Henry $1,000 for
helping him get ten-year lease on the
property.
1t was brought out Tuesday that. con-
trary to the custom in some cases. the
uniformed man was not stationed in
the lobby TO warn patrons of the char
actor OF the place. bat was put on duty
in the room the Hartig girl had occu-
pied. The precinct records, produced
by McAuley, showed that patrolman
mad been on duty in the room from
midnight November until 1880 p. m.
November 10, when the guard was dis
continued by order of Lieutenant Kelly.
attached to Henrys squad.
Policeman Protected Valuables
Detective John f.. Hebron, who ar
rested the IIartig girl, testified that the
reason the policeman was stationed in
her room was that the girl said she had
lot of valuable property there she
wished protected He cited another in
stance at the Hotel st. James where he
had done likewise.
Hebron said Florence Hartig was in
jail until the evening OF November 49,
the day before her trial was scheduled
whom she was released on $1,000 bail.
"What became Of her casc?' asked
Mr. Smith.
"Shc jumped her BAIL Hebron re
piled.
Don't you know that the policeman
who vas put in her room was let in
through the basement and taken up q
back Way" the prosecutor demanded
Hebron said he knew nothing about it
"Thc day YOU went to court, didn't
Henry tell you that you must protect
the Hotel de France?''
"No, he did not Hebron declared
positively.
What were Henrys instructions to
you?"
His instructions to all of us were to
arrest all violators of the law, no mat
ter who they were, and he would stand
by us"
Detectives William j. Smith. Charles
Mouchner and Thomas Aulbach, all at
tachcd to Inspector McDonald's special
service squad, told of arrests they had
made in tho Fourth District.
Mayor Says He Cannot