New-York tribune., 1921-08-19
Court to Test Proposed Tax
Police Power On Soft Drink
To Hunt Liquor Sellers Dropped
Magistrate Orders Arrest of
Plainclothes Man Who En-
tered Establishment Not
Public Place for Evidence
Action Is Called Illegal
Bootlegger Who Sold Whisky
to Detective Through Rub.
ber Tube Pleads Guilty

TO test the right of a policeman to
enter an establishment not public
place and search for liquor Magistrate
Francis X. McQuade in the West Side
court yesterday directed the arrest of
Walter CLANCY, a plainclothes man.
Clancy, who is twenty-five years old
lives at 116 King Street. He is at
tached to the staff of Inspector Boet-
tier. of the Sd Inspection District.
Clancy's arrest followed the ar
ralgnment and discharge of John Nc
Mahon, of 259 West Forty-ffth Street
restaurant keeper. Mcmahon was ac-
eused of violating the Mullan- Gage
law. He told the court that he took
basement of the Forty-ffth Street ad
dress on August /. He spent the fol-
lowing day cleaning the place, he said
and was kept busy getting refuse out
and putting the establishment in con-
dltlon to do business. Early on the
morning of August 3, he said, Clancy
entered with anither policeman and
said they wanted to hunt for liquor
Supposed Liquor Seized
A pint bottle containing some sun
posed liquor was found on a window
Sill and Mcmahon was locked up. When
arraigned yesterday he asked fo~ an
adjournment
After hearing the complaint the
magistrate turned to Clancy and said: ::
Did you have a search warrant to en-
ter this mans place."
When the policeman replied in the
negative the magistrate said: 81 am
tired tired OF having to sit and listen to
illegal evidence. This mans place was
not yet open as public restaurant and
You had no right to go in there. | am
gong to make test case of this thing.
| have no personal enmity against you,
Clancy, but am simply doing this to
determine the legal right of police
man to enter private establishment" "
The policeman was taken into Gus
tcdy on charge Of violating Section
854 of the Penal Code regarding op-
preston. At Clancy's request the case
was adjourned until ugust 25. He
was paroled in his own custody.
United States Commissioner Henry
L. Rasquin, in Brooklyn, yesterday dis
charged from custody Clarence King,
cook on the Henry L. Marshall The
ship was taken into custody for alleged
whisky running. Commissioner Ras-
auin held that King had no guilty
hIo"ieuSe VI tne purpose OF the cruise
when he shipped. The captain and four
members of the crew are being held
pending extradition to New Jersey.
Got Liquor Through Tube
Before County Judge Mitchell rIay
yesterday morning, William Henry
pleaded guilty to feeding Detective
Roger bootleg whisky through a rub
Der tube from q rubber bag under his
coat, in violation of the Mulan- Gage
law.
Roger was hunting "hoctch peddlers'
and discovered that the hallway of the
building where Henry lives was quite
popular place at night. On August
10 he concealed himself in The da rS
hallway. lie waited until he heard a
voice ask, "ls any one there ?"
"Yes,' replied Roger, 81 want n
drink"
"All right replied the voice, "take
what you want"
Roger felt the end Of tube pressed
into his hand and took "pull'' One
pull" satisfied him that the tube was
not connected to water faucet on the
other end. When he flashed his light
he found Henry holding a rubber tube
which led to rubber bag under his
coat. Two quarts of whisky still re-
NAMED in the bag. Henry was re-
manded for sentence on Monday by
Judge May.