New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1920-03-24
Porter. Files
Second Plea
OF Not Guilty
Heads to Superseding In
dictment and His Counsel
b Denied Delay of Week
II Which to Enter Motions
Hendrick Assails Smith
Ssys Prosecutor Seeks by
Trick to Have Colonel
Tried Twice on Charges

Colonel Augustus Drum Porter, for
..r Third Deputy Police Commits
,;oner. appeared yesterday for the sec
and time before Judge James E. Malone,
+ Suecial Sessions. and pleaded not
.nilty to the superseding indictment
S1ed against him Monday charging
,.rleet of duty. His bail of $1,000
sxed on the original Indictment filed
mat Friday was continued.
Colonel Porter's arraignment yester-
aav again was marked by clashes be-
tween his attorney, Frank Hendrick,
and Assistant District Attorney James
&. Smith.
In appearing before Judge Malone,
Mr., Hendrick said:
I'm view Of the fact that there are
tvo indictments, we wish to make sure
that the first indictment is completely
ouashed, so that after Colonel Porter
il acquitted on the superseding indict-
ment he cannot be tried on the original
cue.
Asks Delay of Week
ut is my bitter experience with Mr..
Smith that has taught me lesson.
II there is an acquittal on this super
seding indictment I want to make sure
that my client will not have to stand
trial again. With that understanding
we plead not guilty and ask for one
week in which to make necessary me-
TONS
Mr.. Hendricks request was en-
phatically denied by the court.
81 informed you yesterday, Mr.. Hen
drick," said Judge Malone, chat you
would have until Thursday to argue
your motions. You knew then that a
superseding indictment was pending.
This case is of such Importance, both
to the public and the defendant, that
it is only right that it should go on
IS quickly as possible"
Mr.. Hendrick then asked for COPIES
Of the Indictment and also for the
record of the trial of Adele Goodell,
which, he said, has been impounded by
Nj. Smith for the grand jury. Adele
Goodell was the alleged owner of the
apartment at 324 West Ninety-sixth
Street, in which, according to the tes-
timony Of Detectives Fred Sorger and
Hilbert Wheelwright, they found
Colonel Porter on the night of Novem
Der II, 1919, when they raided the
place. Adele Goodell was acquitted
Of the charge of conducting a disor-
Derby house.
Turning to the court Mr.. Hendrick
inquired whether Mr.. Smith intended to
Try Colonel Porter or Detective John J,
Gunson, accused of bribery and extor-
ton, first, saying tina: there were two
witnesses who will figure in both cases.
Mr.. Smith refused to state which of
The two defendants would first face the
Jury
Shakes Finger at Smith
Following adjournment of court and
shaking his finger at Mr.. Smith Mr..
kendrick said:
Mr.. Smiths strategy in getting the
:upersedlng indictment is an open con-
fesslon that the first Indictment is not
worth the paper it is written on, that
n was Invalid and that a motion for
It's dismissal probably would have re-
suited in the court throwing it out.
Necessary logical inference involves a
Confession that the second indictme nt
also Is invalid. We shall ask for an
inspection of the grand jury minutes.
Mr., Smith evidently wants to rush
,ne trial IN order to prevent discove ries
eeing made of acts unfavorable to the
prosecution. He knows that the only
Witnesses he has against anybody in