New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-10-28
TANMANY PROTECTION.
HOW EXCISE CASES ARE PTGEONHoLED.
FEW OF THEM ARE EVER PRESENTED TO THE
GRAND JURY-INACTIvITY IN THE
DISTRICT. ATTORNEYS OFFICE.


CT-ATToRNEY's OFFICE.
Just before De Lancey Nicoll was elected DIS
trict-Attorney year ago. it became known that ne
had entered into bargain, express or taclt, WIN
the liquor interests of the city, whereby. in ex-
change for their support at the polls, he agreed
il elected to protect those who were charged with
violating the excise laws. The record of the last
nine months Indicates that Mr.. Nio1l has been
faithful TO the compact, for the number OF excise
cases which have not been presented to the Grand
Jury reaches in the thousands Mr.. Nlcoll has pro-
tested that the present three parts of the Court oil
General Sessions inadequate for the business
of the county, although the judges of the court
have disagreed with him. At any rate, II MT
Nicell showed q proper zeal to enforce the law
much more would be done to dispose of excise
cases Not tenth of the complaints which come
in are referred to the Grand Jury.
Until recently excise arrests were made TO the
number of nearly 100 a week. Since the issuance
by the Police Board of the order that policemen
shall not try TO induce bartenders TO break the
law this number has been decreased, but arrests
are still frequent enough. Most Of the prisoners
are heLi in the police court to await the action
of the Grand Jury and bail is furnished in every
instance This is usually the last that is heard
of the charge.
THE EXCUSE GIVEN.
The plea is that the Grand Jury is so pressed
by the ordinary criminal business that it has no
time to act on excise complaints. Only about
fifteen or twenty such cases are disposed Of each
month. IL usually takes only few minutes To
decide case of the kind because only one witness
need be examined, and if the District-Attorney
we've really trimming over with ardor TO do his
duty he could easily have the Grand Jury do
much more excise work.
When indictments found the lawyer OF the
defendant usually has the transferred TO
Special Sessions All this year hardly excise
case has been tried In General Sessions, although
a few pleas of guilty have been taken. In the
meantime the complaints being Outlawed at
a rapid rate. The law is that when a misdemeanor
| is charged the complaint shall be Outlawed If no
indictment is found in two years. In cOnseq uence,
| Father Time is Kidding the pgeonholes of these
| complaints every day Part of Mr. NicolPs bar
! gain, it was understood, that ex-Judge Gun
ming S. Bedford should have charge Of the excise
! business. The Assistant District-Attorney evil
! IDENTIFY has been assigned TO this duty, for he
seems to do little just nov to earn his salary.
The Grand Jury, of course, has great deal OF
! business TO dispose Of, but it not infrequenay
finishes its work by o'clock An indictment in
an excise case would be found in a minute two.
for the testimony is generally direct and clear
enough. A few hours a week would therefore be
time enough to get rid Of all the new cases that
come in aud by keeping the Grand jury at its
abors little longer every other day, the District
Attorney could soon be making inroads into the
heaps of cases which having accumulated owing TO
his inactivity.
TAMMANY's PROTECTION.
The power which Tammany Hall has TO shield
men who commit crimes in its service is shown by
fragrant miscarriage Of justice in the District At
torney's office The case is that Of John r. Nor
rison former district superintendent oil the
Street, Cleaning Department, who was discharged
from the public service last March for blacBmal
ing subordnates. The secret of the strong efforts
TO save him from punishment is that he was merely
levying assessments for men in higher places IN
Tammany Hall The developments in the affair
are certainly so suspicious that they warrant the
conclusion that Tammany Hall influence was bound
TO protect Morrison. Had he been placed on trial
he would no doubt have told for whom he was act
ing. and some prominent members of the striped
iniauity, would have come into disagreeable
notoriety.
William Dalton, Deputy Commissioner of
Street-C Ieaning investigated the charges against
Morrison. and recommended that he be dismissed
from the service The affidavits in the case were
at once sent TO the District-Attorneys Office.
The charges were specific, and were supported by
the strongest evidence, yet in September they had
not even been laid before the Grand Jury. Mr..
Nioolrs attention was called TO the case, but his
recollection of what had been done with the
afidavits was not clear. The Tribune published
an account of Morrison's remarkable immunity
from prosecution, and the District Attorney then
came forward with his explanation. He said that
he had carelessly misread the report of an AS
sistant District-AttOrney on the charges, and had
in consequence of his mistake laid the papers
aside thinking that there was nothing in the case
MORRISON RECEIVED TIP
Some time afterward the afldavits were laid
before the Grand Jury and indictment was at
once found But when the detectives went to
arrest Morrison he had disappeared The de-
tectives said that they had kept an eye on the
man until Thursday, the day before he was in
dotted At noon the neat day the warrant was
planed in their hands The bird had flown, how
ever Morrison must have received hint from
the District-Attorney's Once that his case was TO
come before the Grand Jury. At any rate, he Is
now at liberty although JUST the least zeal on the
part Of the pistrctAttorney would have pre-
vented this cheating OF the law
TIE DELAY IL GALLIvAN's CASE.
The case of Michael j. Gallivan, the livery
stable keeper who killed James Cummings last
Christmas, is Gnother which havors strongly of
Tammany interference with justice. Cummings
and Edward Hurley went to Gallivan's stable 10
collect some money which he owed them for their
services quarrel followed and Galhvan shot
and killed Cummings, also injurng Hurley seri
ouely The strongest efforts were at made
to give the impression that Gallivan acted in
self-defenoe, and people who know thing or Two
were heard 10 say, with a significant wink: liz
will never be tried He's got too many good
friends in Tammany."T
These predictions have not been proved TO be
false for Gallvan has never yet faced jury.
Several times announcement has been made that
the case was to be tried, and now IL IS on the
calendar for next Monday. The publicity given 10
the delay has stirred the District-Attorneys Office
10 at least a semblance OF energy. IL would be well
10 wait and see what il TO be done next, for theirs
will no doubt he other postpOnements.
Burton &. Webster, the racing man who killed