The New York herald., 1921-08-27
FORCE RAID CHARGED
TO four POLICEMEN
Two Lieutenants and Two
Detectives Summoned to
Appear in Court.
NO SEARCH WARRANTS
Accused of Breaking Cellar
Lock and Taking $4,000
Worth of Liquor.
PLAINTIFF WATTS IN VAIN
Trial Set for Yesterday Post
poned When Defendants
Fail to Appear.
PLAINTIFF WATTS IN VAIN

Two police lieutenants and two de-
tectives of the Third inspection dis
trict will be arraigned before Magis-
trate McQuade In the West Side court
to-day on warrants accusing them of
oppression in violation Of section s54
of the penal code.
They are charged by Rodney *.
Haines, q dealer in used automobiles
at 22S West Fifty-second street, with
entering his establishment last Tues
day without a search warrant and
seizing liquors valued at $4,000 after
breaking lock on a cellar door.
Haines was arrested, but his case was
dismissed by Magistrate McQuade the
next day when 1t developed that the
search and seizure had been made
without a warrant.
The application for the warrants was
made by William S. O'Connell OF Is
Park Row. Haines's attorney. Licuts.
Evans and West and Detectives Hurry
Hepner and Thomas r. Lillis are the
policemen named In the language OF
the complaint Haines was unlawfuly
arrested by the four. acting together
and in concert with each other unlaw-
fully and maliciously under pretence OF
official right or authority
The complaint recites that Lieut..
Evans and Detectives Hepner and Lillfs
entered Hainess premises in the after
noon and told him they were searching
for liquor. He was placed under arrest.
he says and held prisoner in the West
Forty-seventh street station hair an
hour. In the evening they returned. ac-
companied by Lieut.. West, and, accord
ing to the complaint, they smashed
lock on the cellar door after Haines had
refused to open 1t. Lieut. West is al
legged to have admitted they had no
search warrant and to have stated that
they didn't need any" From 4 p. M.
that day until the morning of August 70
Haines says his store was under the con-
slant surveillance of police officer.
Mr.. O'Connell said that the seized
liquor consisted of two cases of ver-
mouth on the store floor and 23S quarts
of gin found in the cellar. None of II.
he says, belonged to Haines. who had
rented the space and who will make no
effort to replevin the liquor Acting In
spector Donohue was directed to notify
the policemen of the issuing of the war
rants and to direct their appearance at
the West Side Court. Haines and his at
torney waited from $3.50 o'clock until
noon In vain, whereupon Magistrate Nc
Quade directed that the warrants take
their usual course"
It was said at the West Forty-seventh
street station that the four had not been
placed under arrest and that they would
appear in court this morning.
The Anti-Saloon League, through
statement issued yesterday by William
II. Anderson. State superintendent. an
nounced itself In opposition to the un-
lawful search of homes without war
rants. It Is Mr.. Andersons belief that
the home brew problem will work itself
out after people discover at is neither
pleasant nor profitable and has no spice
OF danger connected with it."
Eight men of the crew OF the Brazilian
Governments steamship Curvello were
found guilty of illegally POSSESSING
liquor before Judge Manton in the Fed
eral Court in Brooklyn yesterday and
fines OF $40 each were imposed.
When Detectives Kerr and Jackson
testified in Washington Heights Court
that they had seen Angelo Merculio
clerk in grocery at 246 West 146th
street. sell Peter Jackson. a police re-
servist, bottle of whiskey. William
Neff. private detective, OF 234 West
had seen the policemen take a bottle
from Jackson's pocket. He saw them
go into the grocery and then produce
the bottle as IL they had found 1t un-
der a counter. then arrest Merculio.
Magistrate Douras discharged Merculio
and ordered the testimony sent to the
District Attorney for Investigation.
Louis Newman, clerk in a grocery at
145 Dyckman street, pulled down an
awning yesterday. forgetting that II bore
the words Wines and Liquors" and got
himself arrested He told Magistrate
Douras in Washington Heights Court
that the store did not have any liquor
despite the advertisement. and was dis
charged.
Prohibition agents armed with search
warrants visited the Progressive Smolt-
ing and Metal Corporation premises. at
5i3 West Twentyfifth street, and found
they said. siXty-fve cases of gin, ten
barrels OF sherry and two cases of wine
Lawrence Donohue and Lawrence Dono-
hue, Jr., who appeared to be in charge.
wero notified to appear before United
States Commissioner Hitchcock to-day