The New York herald., 1921-05-17
ACQUIT ANDRUS IN
3-MlNUTE VERDICT
Farmer Jurors. ExOnerate
Prosecutor OF Charges
of Negligence.
SARATOGA SHOWS JOY
Friends Parade Streets and
Hold Demonstration
at Home.
TIN HORNS ARE WARNED
Acquitted Official Serves No
tice to Keep Away From
the Springs.
TIN HORNS ARE WARNED

SARATOGA SPRINGS, ~ ", May To-
Charles B. Andrus, District Attorney
of Saratoga county was found not
guilty tonight of a charge he had been
negligent in the suppressing Of gam
i bling houses here during 1919 and up
to last July. 1t took the jury OF eleven
farmers and one mill hand. which had
been listening to the testimony for the
last week. just three minutes to re-
turn a verdict. There was one ballot,
the vote for acquittal being unanimous
The acquittal Of Judge Andrus was
the occasion for celebration the like
of which never has been seen in
Saratoga. Impromptu parades were
held men and women went about toot-
ing horns and the District Attorney
was greeted on his return from Ball
ston Spa as a conquering hero.
| Thousands gathered outside his home
in Circular street while Mr.. Andrus de-
livered short address from the front
porch thanking his fellow townsmen for
the support they had given him. he said.
in the fight against the Bracket ring"
He announced that any influx Of "tin
| horn gamblers" next summer will meet
with stern measures
| There were few dry eyes In the court
house in Balston Spa, when the jury
handed up the verdict to Judge Borst
The dignity Of the court was completely
forgotten for three minutes. during
which time the room reverberated with
cheers for Our Charlie" Mrs. AEdrus.
wife of the District Attorney. threw her
arms around Judge Andrus and wept
Gambling Did ExIss.
The jury retired at exactly o'clock.
Judge Borst in charging the jury said
the evidence showed that gaming places
were run more or less wide open in
Saratoga, but whether Judge Andrls had
knowledge Of this condition or not. he
caid, was a matter for them TO decide.
Continuing. Judge Borst said:
'If the people do not seek to prevent
vice, but rather to tolerate 1t. no one
officer or man can do much against II.
all Of which must be considered here.
Government is like machine; 10
matter how perfect or great the ma
chine might be II Is useless unless there
Is power behind It, The people are the
power II the people do not stand be-
hind the government the government
can do little or nothing.
III the police officers told the Dis
trict Attorney hero was no gambling
he had the right to believe them. but
II he heard further complaints II WAS
within his duty and power to 90 be-
yond that and have special invests
cation made. II must be shown beyond
a req sonable doubt that the defendant
neglected TO enforce the law with all
the tools at his command
one witness for state.
r. G. Robinson. a United Press tele-
graph operator Of Albany. who said h:
was a relative by marriage OF Jules
Formel now serving a term In Danne-
mora for running a gambling house here,
was the first witness OF the day and the
last one for the State.
Questioned by Wyman S. Bascom. Spe-
cial Attorney General, Robinson said he
never remembered Of the defendant tell |
ing him that Formel had paid him $3,S00
and owed him 81, 900 for protection.
Rodney Van Wagner. City Marshal
William B. Milliman. former Commits
sioner Of Public Safety: Mr.. Bascom and
Margaret Carey were the only witnesses
called by Judge Lawrence d. McKelvey
OF counsel for Andrus.
Van Wagner told about the seizure
and disposal Of an alleged crooked
roulette wheel seized in the raid on For
mels place on July rs, 1919
Miliman said Mr. Audrus had in
structce him by letter and also during
frequent talks to stop gambling In Sara
toga The letter was produced as evil
dence.
Mr. Bascom testified that under in
structions OF Judge G. c. Van Kirk he
suggested to the extraordinary Grand
Jury that Mr. Andrus be not allowed to
testify before that body, which action
was carried out Mr.. Andrus, IL
develops, appeared, but was not allowed
to know anything about the pending
charges.
Miss Carer testified she had never
seen Doc Kennedy or Benny Russell.
partners OF Formelo. In Mr.. Andrus's Of
flee at any time. Kennedy. also known as
Ward and Russell appeared as the
States chief witnesses.
Judge McKefvey's nd dress to the jury
consisted mainly of an attack on the
Bracket ring" He termed the re-
turning OF an Indictment against Judge
Andrus a week before election last
autumn zone OF the most dastarily
crimes in political history"
II want TO call attention" he said. Ito
the fact that neither the Chief Of Police.
Sheriff or Commissioner OF PUBIC SAFETY
were or ever have been indicted for
neglect Of duty, although the law
specifically states they are responsible
for endorsements OF all laws.
Those dirty. sllniy. crooked gamblers
Russell and Ward alias Kennedy came
here under promise of immunity so
MS 10 avoid going to Jail" he said. and
n you gentlemen OF the jury can bclisve
anything they say then ! want to be a
crook"
MIR Bascom. summed up for the state.
/ He denied there WAS. political CON
spiracy behind the charges agNns,
Judge Andrus or that there wac any
/ Interior motive In the case. He ad-
4 mittcd Russell and Ward are the worst
\ type of their Illicit profession" but con-
\ tended that "wc had TO 20 into the
sewer and frd rats and have you listen
I to them squcal out the truth"
1 Mr., Bascou told the jurymcn that II
I thsv did r0t mud the District Attornev
1 guilty Saratoga will be filed with
crooks from all parts of the world"