New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1921-08-05
Cunson Freed
BY Judge Who
EXcOriates Hin,
Woman Arrested as Soon
as She Ends Testimony
Against Police Detective
on Trial for Extortion
Rosalsky Shows Anger
Regret Law Does Not Reach
Defendant; Must Instruct
Acquittal,' He Tells jury

81
John j. Gunson was acquitted yester-
day OF charges of bribery and extor-
ton brought against him by Rebecca
Melyado, known also as "Billie How
ard and by various other names. Gun
son formerly was a plainclothes officer
on Inspector Dominick Henry's vice
squad.
The verdict was returned yesterday
by express direction of Judge Rosalsky
The jury did not leave the courtroom.
Gunson was acquitted of charges on
which he was indicted by the March,
1920, grand jury. After forty-three
postponements the case finally went to
trial on Tuesday, and only two days
were consumed in presenting the testi-
mony.
Judge Rosalsky, in directing the jury
to acquit the defendant, said that he
made his request reluctantly, but that
he was forced to do so by facts. In
his opinion, he declared, there was no
doubt that the two witnesses, Rebecca
Melyado and Rose Gonzales, or "Span-
ish Rose" had told the truth, but that
legal case had not been presented.
The two women must be regarded as
accomplices, he said, and no convic-
ton could be found on the testimony
Of accompliees without corroborative
evidence. This evidence, required by
law, was not presented, and he directed
verdict Of acquittal.
Woman Tells of Protection
Spanish Rose who testified in the
morning, declared that she lad not
given money to Gunson, but had re-
ceived protection along with Billie
Howard from the officer. For this rea-
son Judge Rosalsky said that her story
could not be regarded as corroborative
of Billie Howard's, as she was an ac-
complice who had assisted aided and
abetted and encouraged the giving of
money.
There is enough fire and smoke in
this case for the Police Commissioner
TO take action" the judge said angrily.
Il cannot conceive Of any greater in
jury through our body polite than to
have crooked officials, particularly
crooked police. You and l and every
other citizen are at the mercy of a
crooked cop, and that type of police
man is menace, but even if that type
of policeman comes into a court of JUS
tice he comes with the presumption of
innocence and the law intended for
the protection of the innocent immedi-
ately envelopes him, safeguards him
and protects every right as though he
had come into court as the highest type
of our citizenry. But, gentlemen, what
ever might be my opinion as to this
case, still the law imposes an obliga-
ton upon me to determine whether
there is a legal case. In my opinion
there is not. Much against my will,
for | regret that the law does not
reach this defendant, I must instruct
you to acquit," the judge said
Judge Rosalsky expressed surprise
that Gunson had permitted himself to
be tried before him, since he (Judgc
Rosalsky) already had expressed his
opinion Of the defendant two years
ago during the trial Of Sally Goblin and
Lillian Cohen. These two girls had
been arrested by Gunson and convicted
in the magistrates court, but the con-
viction was reversed by Judge Rosal-
sky, and he scored the detective Sc
verely at the time.
Another Indictment Remains
Gunson took issue with Judge Ro-
salsky on statement he made in con-
nection with this case yesterday. He
rose and uttered a few words Of con
tradiction, and the judge glared at him.
"IYl hear nothing more from you,
Judge Rosalsky said, and Gunson re-
sumed his place.
Still another indictment remains
against Gunson on charge Of perjury
brought by Mrs. Lillian Love Follow
ing her arrest she was acquitted Mrs
Grace Humiston, who represents MYs
Love, and James w. Osborne, Of coun-
sci for Cunson. engaged in a verbal tilt
before Judge Rosalsky in discussing
this case, and Mrs. Humston threat
cred to take civil action against the
attorney. The judge finally sent this
case to Judge Thomas c. T. Grains
part Of General Sessions to be dis
posed Of.
After completing her testimony
against Cunson at the morning session
Of the trial Spanish Rose" stepped out
Of the courtroom and was Immediately
rlaced under arrest by Detectives Nc
Gee and Shcchan, Of the Sd Inspection
District, on bench warrant issued by
Magistrate Silbcrmann charging her
With having jumped her $1,000 bail