The New York herald., 1921-05-03
LIQUOR VANISHES;
2COPS SUSPENDED
Were Guarding Raided Sa-
loon When 81 Cases
Disappear.
SERGEANTS IN BAD
Rockies Involved in Killing
of Bartender Also Are
Laid Off.
WINE ORDERED RETURNED
Convicted Saloon Man Is Let
OF With Fine on Plea
OF Jury.
WINE ORDERED RETURNED

by the police include:
Suspension on charges of neglect of
duty Of Patrolmen William p. Meany
and John Rogers of the West Sixty
eighth street station who are alleged
TO have allowed TO disappear thirty
two out OF fifty cases of whiskey
which they were guarding III saloon
premises at 25S West Sixty-tifth street.
Several police sergeants OF the West
Sixty-eighth street station also face
suspension in connection with the
same case, according 10 First Deputy
Police Commissioner John A. Leach.
who said the sergeants We're supposed
to have visited the place regularly
while the patrolmen were doing guard
duty there.
Probationary Patrolmen Mark Simon
and Valentine J. Schich. who are being
Held without bail on charge OF homicide
in connection with the murder on Satur-
day night of Charles Hanson. bartender
In a saloon in Brooklyn. and Christopher
Lowe. who was In the place before the
shooting occurred were also suspended
by Deputy Commissioner Leach.
After celebrating for As minutes a
fury in The Bronx returned a verdict of
guilty against Patrick Mcdonald, father
OF nine children and owner of a saloon in
63S Melrose avenue, on charge Of pos
sessing two bottles OF whiskey In his
place. As the jury recommended mercy.
Judge Louis D Gibbs imposed fine OF
$3.50, which was paid.
Injunction lis Sought.
The Vino Medical Company. Inc. OF 40
Wooster street, filed I'm the County
Clerks office an application for an in
junction to restrain Police Commissioner
Enright and others from interfering with
the possession and sale of 175 barrels of
wine which the plaintiff his stored at
the Wooster street address. 1t is claimed
the police unlawfully seized a Federal
permit granted by Federal Prohibition
Commissioner Kramer In Washington
which allows the Vino Company to pos
sess at any one time 354 barrels of wine
to be sold for sacramental and other
non-beverage purposes. The police have
refused to return the permit.
About $50 cases OF whiskey and other
liquor seized by the police in a ware
house at 370 Washington street eventu-
ally will have to he returned as Louis
Gerlach, manager of the warehouse, was
discharged by Magistrate Rosenblatt,
when tho accused showed a legitimate
Federal permit allowing the possession
Of the number of cases seized. This
was the seizure where the police routed
Federal prohibition agents who had been
guarding the warehouse for a possible
violation. Gerlach was arrested April
70 and appealed to the Washington
authorities that the Federal Government
should protect his property against ille-
gal police confscatiou.
Henry Weiman of 79i East 163rd
street and Francis Breen of fi5 East
Fiftieth street, arrested in their automo-
bile in front OF the warehouse during the
police raid, charged with transporting
ten cases of whissey without permit.
we're granted an adjournment OF thair
case until May 20.
Detectives Arthur ]. Foley and Charles
Meehan OF Inspector Samuel Belton's
staff on April % raided the saloon OF
Charles Gysin in 25S West Sixty-tifth
street and found in an apartment above
The premises so cases OF whiskey. Not
having search warrant they telephoned
the West Sixty-eighth street station for
patrolmen to guard the liquor
Patrolman Rogers went on duty there
et 7:45 r. NJ but before leaving the
Two detectives took an inventory. Rogers
was relieved by Patrolman Meany at
1912 A. NJ. on April 30. The detectives
obtained search warrant and returned
70 the place TO transport the seized
l'uuor only TO find thirty-two cases miss
ing.
This Is the first case Of it's kind
TO come before me since the police
started enforcing the Mullan-Gage
dry laws" said Mr.. Leach. "I want
70 make IL plain that I viii held
responsible the sergeants who were sup
posed to have visited the premises regu-
a..
there"
\ District Attorney Lewis win lay be-
fore the Grand Jury in Brooklyn this
morning the facts unearthed by the
police in connection with the shooting OF
Manson by Simon, a rookie policeman.
IN the saloon of Joseph Zaengle at 1862
Sumner avenue.
1t is conceded by the authorities that
gchich. another rookie" and Simons
companion was not in the saloon when
The shot was fired. Assistant District
\ attorney Selvaggi who is conducting tho
investigation. SAID he mad found nothing
10 indicate there was the slightest justi-
ncation for Simon drawing his revolver
Hc declared there was no evidence pro-
hibition had been violated.
Warns Prejudiccd Jurors.
In his charge to the jury which con-
Sscted Mcdonald. Judge Gibbs said
- Juror who substitutes his own
opinion for what the law is In cases like
this is committing an act OF anarchy.
IL every man In the community were
permitted to have his own views OF the
law we would not have any form Of
government Tho law Is on the statute
books and must be maintained. / say
th.s TO you because know that very
often Jurors In n case Of this character
come into the jury box with some sort
OF individual opinion Of what the law
should be-
Don't thank me. but tho doctor" said
Magistrate McGeehan. in Morrisania
Court In dischargIng Max Meier. bar
tender in saloon at 430 East 169th
street, who was charged with having
4 flask of whskey in his possession.
Meier admitted the flask contained
whiskey. but pleaded not guilty to vlo-
Iating the law. and produced pre-
scription from physician who ordered
him TO take liquor for medicinal pur-
poses.
The two now Grand Jufies for tho
May term III New York county. sworn
yesterday by Judge Alfred J.. TaIley
IN General Sessions. viii devote a great
deal OF time 70 liquor violations az
there arc more than 400 such cases
pending.
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