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Sim* St#«Tt»:Gs Irtrs Ii«L4 M Foatfu La the Full ©F Tins Ysar &# »*$• «,.§ Fifty A»«Tt»Ga * *W»K

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If this- sort of thl*v: ^©g 91i§ v® «Lall not uo «©• PEOPLE, on Complaint of WHELAN, v. [FRIEDMAN. City Magistrates' Court of Hew York, Eighth District, Borough of Brooklyn. ******* Proceeding by the People of the State of New York, on the complaint of Patrolman John Whelan, against Samuel Friedman, wherein defendant was charged with committing the offense of disorderly conduct in the violation of the Penal Law, Sec. 722, subds, 2, 3. Defendant found guilty. Louis L. Stutman, of New York City, for the People Maximilian Moss, of Brooklyn, for Kings Highway Board of Trade. Joseph G. Glass, of New York City, for defendant. Milton Weinstein, of New York City, amicus curiae. Victor S. Gettner, of New York City, Civil Liberties Committee, amicus curiae. DE ANDREA, City Magistrate. The defendant is charged with committing the offense of disorderly conduct in violation of the Penal Law, Section 722, Subdivisions 2 and 3, for the reason that at the time and place hereinafter fully described, the said defendant did un- lawfully, and with intent to provoke a breach of the peace, and whereby a breach of the peace may be occasioned, did hold a public meeting at about 9:15 P.M., on the 7th day of June, 1939, on the easterly side of East 17th Street, about 50 feet south of Kings Highway, in the Borough of Brooklyn, New York City, same being a public street; did congregate with a large number of other persons, and did refuse to move on when ordered to do so by the complainant, a police officer of the City of New York, and that by his said actions and failure to move on the defendant interfered with the free use of the street and sidewalks by persons passing by. The evidence submitted by the People showed that on the date, and at about the hour in question, the defendant was arrested while stationed on a stand or platform at the place aforementioned, addressing some two hundred to three 2 hundred people, all of whom were congregated on the sidewalk; that before the meeting started the complainant informed the defendant that the commanding officer of the precinct, of which the place in question was a part, would not allow meet- ings to be held on any of the streets on Kings Highway between Ocean Avenue and Ocean Parkway; that other streets in the precinct were available, but not 17th Street, in view of its close proximity to Kings Highway, and directed the defendant to move on; that the defendant refused to do so and informed the police officer that the meeting was going to continue anyhow, and that the meeting was going to be held regardless of the order of the police captain, and of the complaining policeman.
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