The New York herald., 1922-08-08
H|RSHFIELD SAYS
RAID WAS OUTRAGE
Commissioner Calls Mrs.
Elvidge's Arrest in Liquor
Case Illegal.
INSPECTOR CENSURED
Drastic Action by District
Attorney Recommended
With Evidence.
POLICEMAN DEFENDS ACT
Testifies Messenger Arrested
at Door Admitted He Car
ried Whisky.
POLICEMAN DEFENDS ACT

David TIirshfield. Commissioner OF
Accounts, yesterday finished his in
vestigation Of the arrest OF Mrs.
Morris H. Elvidge in her apartment
at 7s2 West End avenue the night OF
June 20 for alleged violation OF the
prohibition law, and said the whole
affair was an outrage" He has rec
commended that the District Attorney
act against the policemen involved.
1.-THE police" said Commissioner
Hirshf1eld. Cannot be too severely
censured. They had absolutely no
right to enter that apartment and ar
rest Mrs. Elvidge, who was guilty Of
no crime. There is nothing criminal
or wrong in a wife accepting liquor
bought by her husband"
The Commissioner added that the ac-
zion OF the police in entering the apart
ment without warrant and searching
for liquor was absolutely disgraceful."
He said that. following instructions he
received from Mayor Hylan. he had
vigorously Investigated the case. He
said he hoped the District Attorney,
upon the receipt of the evidence, would
take drastic action"
Crfticixes Inspector.
The testimony OF Patrolman Arthur T.
Hall of the Fourth inspection district.
who admitted he had no warrant and
swore he sampled the liquor by sticking
his thumb in the bottle. will be sent to
District Attorney Banton. Commissioner
Hirshfield severely criticizedInspector
Bolan and Deputy Inspector Troy, who
with several plain clothes men from the
West Tooth street station were called
by Hall after he had made the arrest.
Hall testified he acted upon COM
plant he understood had been made by
the superintendent Of the apartment
house. He said 1t had been handed to
him by a clerk in the headquarters Of
the Inspection district. He arrived at
the West End avenue house just in
time to see a negro with four packages
60 from an automobile into the base
ment. He followed, but@was too late to
get into the service elevator Running up
to the main floor, he took the passenger
elevator to the fifth floor, appearing
at the Elvidge door just as the negro
with the packages was about to go
In. He laid hand on the negro's
shoulder and demanded to know what
was in the packages. The messenger
acknowledged readily, Hall said. that
1t was whisky. Hall went into the
apartment and sampled the product.
Then he telephoned for the inspector.
Hall Defends Action.
Hall defended his entering the apart
ment on the ground that the arrest or
the negro was legal. As for the arrest
OF Mrs. Elvidge without a warrant, he
said she acknowledged receiving the
whisky. He admitted. however, she had
said it had been bought by her hus-
band.
Hall denied knowing the service cle-
vator had purposely been held between
floors, so the policeman might reacn
the fifth floor when the messenger did.
John Lever Of 25S Washington ave-
nue., secretary of the l.. & M. Holding
Company, owner of the apartment
house. denied he made the complaint or
had any knowledge of It. He admitted
there had been litigation between his
company and Mr.. Elvidge over the ''rea-
sonable value" of the apartment. The
tenant who had been there for four
years, was paying $1,000 year on ac-
! count, while the company was suing for
rent at the rate OF $4,000 year.
Mr.. Lever denied he had been respon-
siblie for the elevator sticking between
floors until the cop" got upstairs. But
Commissioner Hrshfield expressed the
belief that some one had been RESPONSE
BILE for hte trouble Of the Elvidges be-
cause they would neither pay increased
rental nor vacate.