The New York herald., 1921-05-15
TESTS POLICE RIGHl
TO INVADE HOMES
Victim Of Liquor Raid, Freed
in Court. Gets Writ for
Return of Wine.
121 CASES THROWN OUT
Brooklyn Jury Refuses to In
diet Merely for Possess
ing Liquors.

Right OF police TO enter mans home
and place him under arrest for the pos
session OF liquor win be passed on by
Justice Edward c. Whitaker in the
Equity Term or the Supreme Court to-
morrow morning in a test case brought
by Harry Kuchinsky of 20 West 1l5tn
street Kuchinsky, whose home was raid
ed May $, was arraigned in the Harlem
police court and discharged by Magi5-
trate Schwab. The police did not return
the wine they seized, but locked ii up IN
the West 123d street station house.
kuehinslxy obtained an order to show
cause why the liquor should not be re-
turned from Justice John v. McAvoy.
Fifty bottles of home made wine and
two demijohns Of mixed alcohol and
water were found in Kuchinskys home.
There will also be argued before JUS
tice Whitaker the case of John Stone,
lessee of a cellar at 2027 Second avenue,
who claims police under the command
Of Inspector Underhill and Capt. Rich
ard O'Connor destroyed the wall be-
tween 2025 and 2027 and without au-
ihority entered the premises of 202T,
where a partolman has been. stationed.
Stone says he has a Federal permit for
four barrels of whiskey and three of
alcohol which the police threaten to
seize. He has obtained an order to show
why they should not be restrained from
carrying out the seizure.
12I Cases Thrown Out.
The Grand Jury in Brooklyn yester-
day refused to find indictments in 121
state liquor law cases out of a total of
129 presented for their consideration
the first half OF the month The eight
indictments were against alleged boot
ieggers and saloonkeepers charged with
selling. In all the other cases the jury
deemed the evidence submitted by the
police insufficient. No case in which 1t
was satisfactorily shown that a sale was
made or in which a moonshiner or boot
logger was accused was dismissed
In about seventy-hve cases the de-
PENDANTS were charged merely with the
possession of liquor. One of those dis
missed was that OF fruit store dealer.
who after cashing patrolman's pay
check. offered him drink of home
made wine. and was arrested.
Fines of 81 each were imposed upon
ten young women and fifteen men, all
stage folk or musicians. who were
locked up in the West Thirtieth street
station early yesterday morning on
charges of disorderly cconduct Detec-
tives Levine and Sheehan of Inspector
Boettler's staff said they were passing
III West Forty-ninth street at in
the morning when they heard a jazz
band playing on the top floor.
Everybody Arrested
Levine and Sheehan reported going up
and asking to join the party. Just as
q toast was about to be drunk the de-
tectives showed their shields Every
body i'm the apartment was placed und er
arrest. A search yielded only a few
bottles in q suitcase. which was un-
claimed
The prisoners resented their arrest,
explaining it was a legitimate party
In honor of the jazz bands fifth an
niversary, and that 1t was given late
because they were all professional peo-
pie. The prisoners We're fined In the
West Side Court
Brooklyn hospitals will be the bene-
ficiaries OF the seizure of ninety-eight
bottles. of whiskey on the Great Neck
estate Of Oliver Morosco theatrical pro-
ducer. by an order signed yesterday by
Federal Judge Chatfield. Mr. Morosco
was recently fined 500 for having the
liquor in his possession. II had been
bottled since the passage Of the Vol
stead act. lie denied knowledge of its
possession.
1T was announced yesterday that an
extra Federal Judge. Frank Cooper, OF
Albany, viii hold court IN Brooklyn for
two weeks beginning May %. to assist
IN disposing of charges under the Vol
stead act.
Seizure by the police Of 3. 900 gallons
Of wine stored IN thrse Harlem cellars
became known yesterday when Hyman
kapzer. said to be a rabbi Frank
Sanato and Philip Tannenoaum we're
arraigned In Harlem court. More than
$50 barrels Of wine were found in two
cellars connected with Sanatos home. At
402 East 106th street lie was formerly
a wholesale wine dealer.
Three thousand gallons more said to
+ be for sacramental purposes were seized
IN a cellar. at S East 18th street, rented
by Tannenbaum. who lives at 1571 Park
avenue. The wine Is Kapzeris property,
but 1t is charged he had not registered
his permit with the County Clerk as re-
quired by the State law. The three men