New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1921-09-02
Hurl Policeman
Over the Fence.
Court Advises
Magistrate Assails Illegal
Search of Homes for
Liquor; Warns That Some
One Will Be Shot or Hurt
Grand Jury Files Protest
Guard Removed From Cafe
After Warrant to Arrest
Enright Is Threatened

Magistrate Harry Fl. Dale, sitting in
the Fifth Avenue court, Brooklyn, yes
terday after hearing the case of Fran
cisco Maragialo, of 36s Columbia
Street, declared that policeman in
the case Should have been thrown over
the fence and out of the yard"
"That policeman should have been on
the street chasing thieves, instead of
watching what rightfully belonged to
this man." the magistrate declared.
"Some one will be shot or hurt for
this sort of thing some day. These
men are violating what is most sacred
to the American citizen. The defend
ant should have thrown that cop over
the fence and out Of the yard
Finds Wine in Store
Detective Carl Lawrence. it was tes-
tilted, entered Maragialo's grocery store
on August 2, and there found eleven bar
rels, a one-gallon can and fifteen bot
ties of wine, which the grocer declared
was for home use. Despite Maragialo's
protests, he was arrested and, it was
alleged, uniformed policeman was
stationed to guard the wine.
Lawrence then went to County Judge
May and applied for search warrant
Two days passed before Judge May
passed on the application, which he
tlen denied. After hearing the testi-
mony, Assistant District Attorney. Sci
vaggi moved for dismissal of the
charges against Maragialo.
II am glad to hear that notion
Magistrate Dale said. ANY one who
thinks of the sanctity of mans home
would shink the same way. l believe
the Mullan-Gage act is responsible for
such acts as these. The complaint is
dismissed"
A further protest against police
methods of unlawful search was regis
tered yesterday by the August grand
jury, which, before being discharged,
handed up to Judge Mitchell May, in
the County Court, recommendation
that police captains of this city more
diligently carry out the order of the
Police Commissioner, instructing the
members of the police force not to
search the person or effects of citizens
found on the street, for the purpose OF
discovering intoxicating beverages
without first securing warrants"
Answering the presentmeno, Judge
May declared that he would call 1T to
the attention Of the Police Commits
sioner.
"Our citizens should be free from
this sort of search and not be subject
ed to the humiliation and embarrass-
ment of having their private rights in
vaded in an unconstitutional manner,
the judge further declared. He placed
the responsibility on the individual Of
ficer, who, he declared, in instances
was overzealous and overanxious in
the performance Of what he considered
to be his duty.
Enright Removes Guard
Following the threat Tuesday by
Magistrate McQuade to issue war
rant for the arrest of Commissioner
Enright if he did not remove police
guard stationed at the cafe of Michael
r. Browne, 794 Columbus Avenue, the
guard was withdrawn.
Plans of Special Prosecutor Burton
Gaskill, Of Atlantic City, to effect a
speedy disposition Of 143 hotel and
restaurant cases was upset yes
terday when moro than a score OF
the defendants pleaded not guilty and
demanded trials.
The Prosecutor, who had believed
that all the defendants would plead
non vult and accept fines, announced
that he would ask Jail sentences for
those who fought their cases. Due to
the crowded condition of the courtroom,
bail was declared forfeited in several
instances where defendants could not
work their way into the room. Later
these forfeitures were set aside.