The New York herald., 1921-07-04

t<dI
pentier fight. said "a bunch of anar-
chists" would participate in the New
York and Jersey City parades. He spoke
Headquarters some time ago, but no
verdict has been announced by the Com
missioner. They are charged with per-
mitting liquor to disappear while they
were guarding 1t.
The Magistrates courts continue to be
crowded with booze cases and to hold
about three-fourths of the prisoners for
the Grand Juries. The percentage Of in
dictments and convictions In the higher
courts. which was very low at FIRST,
has risen appreciably. Roughly, In one
case out Of four presented to the Grand
Jury In New York county an indict-
ment Is found Before June z, when the
trials were held in General Sessions
there were no convictions after trial, but
twenty-nine men pleaded guilty. Since
then Justice Borst and a jury, in an
Extraordinary Term Of the Supreme
Court have heard twenty-eight prohibit
tion cases, and there have been ten con-
victions. six acquittals, nine pleas of
guilty. two disagreements and one dis
missal upon recommendation. The pro-
portion of convictions has come to be
about as high as in felony cases. despite
the obvious prejudice of many jurors
sent to jail thus far In New York coun-
ty. In the first two months sentence
was uniformly suspended. Since then
there has been one fine of S400 and sew
eral Of $50, and Justice Borst has an
nounced that he will imprison second
offenders.
About 300 cases are now awaiting
trial before Justice Borst. For every
two cases disposed of four more ap-
pear. Albert B. Unger. Assistant Dis
trict Attorney in charge of the prohi-
bition bureau, believes that eventually
the new cases will have to be tried in
Special Sessions. where there is no
jury and verdicts are given by three
justices. The rules and customs OF
this court permit great speed. In the
days of the old excise law 1t disposed
of cases at a great rate.
Mr.. Unger has no complaint to
make of the treatment of evidence by
the juries, and says that he has found
few policemen who weaken their cases
by defective testimony.
Convictions increasing.
II have no criticism of the courts
or District Attorneys office" Mr..
Leach said to a reporter for THE NEW
YORK HERALD. They are doing their
utmost all the time. but / must say
they are not always properly sup
ported by the citizens who serve on
grand and trial juries. l fear that
many of them have decided cases on
their personal opinions rather than on
the evidence. But that seems to be
changing now. A greater percentage
of indictments and convictions is be-
ing obtained each day, because this is
really a law abiding community. and
as soon as the citizens reach sober sec
ond thought they realize that this Is a
statute of their own commonwealth
and there is growing tendency tow
ard supporting it,
In April Commissioner Enright said
he thought he could end fragrant
violations" in New York in two
months If the city would give him
1000 additional policemen and clog
ging of the courts was ended. That
"if' could be summoned to testify for
him now. for the Board OF Aldermen
has not yet given him the 1000 men
and the courts are still clogged. There
was, however. no if in the attitude
Of Gov. Miller, which was as gen.
orally understood that II the city was
not reasonably dry within reason
able time he would remove the Com
missioner.
People Becoming ReconciIcd.
when the law was enacted" said
Deputy Commissioner Leach. Gov.
Miller told me that every policeman
would know about violations on his
post. and that there should be no diff
ficulty about enforcement | thor
oughly agree with the Governor that
the men must know what is going on
on their posts. " is Just as much
neglect Of duty to fail properly TO en-
force the liquor law as II Us to over
look burglary or other violation on the
same post And l assure you that we
intend to enforce this law even II we
have TO remove every man In the de-
partment including captains
I'D like to say. too. that the people
are getting reconciled to prohibition.
How do I know that7 Well, In Jan
vary. 1920. when national prohibition
went into effect. the Police Depart
inent was not charged with enforce
ment. but II did voluntarily assist the
Federal Government 10 the extent OF
making $3.50 arrests. During the year
we received a great many letters of
complaint OF the acts OF the police
and criticism of the law. But this
year. since the police began enforce
mcnt of the state law we have re-
ceived less than ten letters OF com
plaint and on the other hand have
received upward of 500 letters ot com
mendatio This Notwithstanding the
fact that we have made 1894 arrests
in April. May and June"
Mr.. Leach was asked why " the city
still had 3.6S2 suspected places" in
cluding 1855 saloons, the police did not
lump in and make arrests and erase
these wet spots. His reply was that
getting the evidence was slow bust
ness and that the police were working
as fast al they could.