The New York herald., 1921-04-27
POLICE GUARDING
RAIDED SALOONS
Thirty Are Detailed for
This Phase of Enforce
ment in the City.
WOULD GUST A COP
One Sal0Onkeeper Sues to
Get Them Off Premises in
Upper Broadway.
ACQUITTAL in FIRST CASE
Brooklyn Jury Brings In Ver-
dict of Not Guilty Under
State Law.
ACQUITTAL IN FIRST CASE

Enright, of detailing patrolmen to
stand watch over saloons which have
been raided for violations Of the State
liquor law, has been carried out.
Deputy Commissioner Leach said last
night at least a dozen saloons are un-
der guard. with about thirty members
Of the department detailed to this duty.
Five hundred members of the force
are now giving their entire time to
prohibition work.
This method of enforcement was
subjected to attack yesterday when
Patrick ]. Cryan, lessee of saloon
at 1901 Broadway raided last Friday,
obtained an order from Justice Dele
hanty to show cause why the police
should not be restrained from occupy
ing his place of business. Cryan was
arrested on the charge he had a pint
Of liquor on the premises. In his af-
fidavit he stated he has done no busi-
ness during the last year and half.
He objected to being refused admit
tance by the policemen stationed at his
place since the raid.
Cryan informed the court he has a
valuably supply of liquors In the cell
lar. purchased before the passage of the
Eighteenth Amendment and that he
wants to take an inventory of them so
he may protect his rights when he takes
legal action. And he also pleaded un-
easiness of mind because he knew of
cases where stuff seized by the police
and the Federal authorities was found
on its return to have deprecated con-
siderably in value
Other developments in the prohibition
situation yesterday were:
First Verdict Acqu.ttaI.
The first trial by jury under the new
State law resulted in a verdict of ac-
quittal after an hours elaboration on
a charge of possession.
An attack on the constitutionality of
the same law by Justice Prince in the
Eighth District Municipal Court, who
held the mere possession of liquor is
not crime. and that section 1913 un-
constitutionally places the burden OF
proof on the person arrested for pos
sessing liquor.
A ruling In which the State law was
declared constitutional was handed
down by Judge William F. BlealSley in
the Court of Special Sessions In YonS-
ers, with particular reference to the
section attacked by Justice Prince.
Assistant District Attorney Unger an
nounced the Grand Jury will give its
entire time tomorrow to the hearing of
liquor cases Fifty-five are scheduled to
come before It,
The police made a record days haul
of booze. They seized 1,407 bottles, 100
"a q IF
demijohns. kegs and jugs. The total
number of arrests UP to yesterday was
2,071. There were ten indictments yes
terday.
The first trial under the new act took
place before Judge Mitchell May in the
Kings County Court. Brooklyn. The de-
fendant was Joseph "A. Farrell. former
saloon keeper of 81 Ralph avenue.
Brooklyn. and 1t was charged that police
raiders found a small bottle of liquor
on a shelf in the side entrance to Far
relfs old place of business.
Although the presentation of the evi-
dence took less than twenty minutes. the
Jury deliberated an hour. standing IL to
/ for acquittal until their agreement
was reached. Judge May. in discharg-
ing Farrell, told the jurors the only
thing which surprised him was that they
had deliberated so long
IF defendant were to be convicted
on testimony as weak as was submitted
In this case" he said, then IL would
be unsafe for any man to try to defend
himself against charge before a jury.
] am satisfied the police are trying to
do their duty, but there Is one thing
the American people will not tolerate,
and that is an invasion OF their per-
sonal rights and liberties"
rrbara maa Ifd1rt1tv in aIiipe ha i,,r,y
box. Many of those called said they
were opposed to prohibition. Alan Dar-
bee of 106 Kosciusko street asked to
be excused because whisScy saved his
life when he had the "fu" two years
ago, and made him take "a decided
view against prohibition" Charles j.
Cullen of $50 Chauncey street was ex-
cused after he said: II am prejudiced
against prohibition because II was not
submitted to referendum of the peo-
pie. II IL had been. | would gladly
uphold it now | don't think | can
qualify as a Juror" Others expressed
the view the testimony would have to
be OF the strongest character before they
would convict
The ruling OF Justice Prince, placing
the burden of proof upon the police. will
not obstruct the departments policy in
the least, IL was stated by Deputy Com
missioner Leach.
The decision was made following a
hearing In the case of Tony Spinelli.
owner of a tenement house at 320 East
18th street, who has begun eviction
proceedings against Frank Morelli, a
tenant.
Recently Patrolman Carr of the East
104th street station arrested an en-
ployee of Mcrelli. charging he found six
bottles of wine In the place. Capt.
OConnor OF tho East 104th street sta
tion then sought lien on the store,
after declaring 1t public nuisance, and
10 avoid this Spinelli sought to evict Mo-
relli.
In dismisSing the complaint against
Morellrs employee Justice Prince said :
ut Is not tho spirit Of our laws and is
contrary to the protection guaranteed by
the Constitution that citizens OF our
state shall be required to prove their in
nocence Of crime.
",rhe mere possession Of Intoxicating
liquor In the dwelling OF person does
not constitute an offence. To support
q eharge based upon such possession
there must be established In addition,
either that the Intoxicating liquor was
not legally the property of the owner
before the enc ctment OF the section, or
that II was intended for prohibited
use, namely, for use other than the
personal consumption OF the owner, his
family and guests.
"a person entirely innocent of wrong
doing before the enactment Of the new
law becomes criminal by reason Of