New-York tribune., 1920-06-19
Rand Attacked
For Prejudice'
In Henry Case
Cochran, Asking Appeal, Says
Court Committed "Cross
and Serious Errors at the
Trial of Police Inspector
Right to Lie Is Upheld
Attorneys Get Until June %
to File Briefs; Meanwhile
Prisoner Stays in Tombs

For an hour and half Bourse
Cochran argued before Justice Don
nelly in the Supreme Court yesterday
for certificate of reasonable doubt
for Police Inspector Doninick Henry,
under sentence of two to FIVE years on
a conviction for perjury. Colonel
William Rand, special Deputy Attorney
General, who prosecuted Henry, op-
posed the issuance Of the certificate,
which would release the prisoner on
bail pending his appeal to the Appel
late Division
Justice Donnelly gave the attorneys
until June % to flc briefs and signed
"a order directing that the convicted
police inspector be kept in the Tombs
until the courts decision is rendered.
Alleges Prejudice
Besides his contention that preju-
dicial errors were committed at the
trial Of his client before Justice Weeks,
and that the attitude Of Colonel Rand
was such rs to create prejudice
against Inspector Henry in the minds
of the jury, Mr.. Cochran argued that
no crime had been committed.
Tho errors Of the court were $50
cross and Serious said Mr.. Cochran,
IS to make his application for GER
tiicate of reasonable doubt the strong
est ever presented to the Supreme
Court
Inspector Henry was convicted on a
charge that he made two false aft
davits, which, it was alleged, were
James Z. Smith, Assistant District
Attorney, aa a protector of gamblers.
Mr.. Cochran held that Hcnry's state
ment in his affidavit that Smith said
he would protect a certain set of
gamblers did not amount to charge
Of neglect of duty.
cat the most said Mr. Cochran,
the only thing charged against Smith
is state of mind mind can frame
nothing in his mind which will CON
stltute crime. 1t is absolutely a
rhetorcal statement"
The attorney added, with regard to
a phase OF one of the Henry affidayits,
that nothing could have been affected
by the evidence offered in the sworn
statement of the police Inspector and
that 1t was the first time in the history
OF Jurisprudence that a man was CON
victed for alleged statements that
could not have effect upon any matter.
"A man can lie from here to Hall
fan said MIR. Cochran, without com
mittng perjury.'
Rand Called Unjust
Mr.. Cochran characte rized as unjust
/ the conduct Of Colonel Rand in bring
! ing into the Henry case the conviction
! oi Police Inspectors Sweeney. Murtha,
fiussey and Thompson. He said there
was nothing to prove the assumption OF
| Rand before the jury that the convic-
! ton OF these men started the war be-
tween the Police Department and the
District Attorneys Office.
In bringing Henry before the extror.
dinary grand jury, his attorney
argued, to question him about his at
/ fdavlts, put him in a position whore
he had either to deny or affirm them.
1t is not the function of grand
jury TO force crime, but to discover
it, said Mr.. Cochran. He declared that
the verdict of the jury was against "thc
weight of evidence"
Colonel Rand said that the mere
the integrity Of James Z. Smith and
that in telling it to the grand iurv
the Inspector was trying to make a
charge Of neglect of duty against the
Assistant District Attorney.
Rand explained that his aim was
TO lay the foundation for Inference on
The part Of tho jury that these convic-
tons might have caused feeling of
resentment on the part Of the police
and desire to get even with the
District Attorneys office.