New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-08-16
PRICE THREE CENTS.
MLAUGHLIN DRAWN IN NOW.
MOTION TO PUT HIM ON TRIAL..
COMMISSIONER SHEEHAN CREATES 4
SENSATION BY PROPOSING 1T.


DEvERY FAILS TO APPEAR-HIs TRIAL ANr
THAT OF CROSS AND THREE WARD MEN
BEGUN-DIsMIssAL OF FOUR OF THE
sERGEANTs TRIED FOR BRIBERY.
Nobody at Police Headquarters was surprised
or disappointed yesterday when Police Captain
William S. Devery failed to appear for trial be-
fore the Commissioners, but sent a lawyer to
make a fight for further delay, on the ground
that he was still too Ill in his home in West
Twenty-eighth-st. to direct his defence. There
was no surprise, either when the Commissioners.
after listening to testimony which indicated that
the Captains illness was only Of convenient
kind, ordered his trial to proceed In his absence.
Another vain fight made by lawyers TO de-
lay the trial of Edward Glennon. Deverys former
ward man in the Eleventh Precinct, who is to be
tried with the Captain for blackmailing
sHEEHAN's MOTION DID NOT PREVAIL.
Police Captain Adam Cross. who was in that
precinct ahead Of Devery. begged for more time
on account OF the Illness of Colonel George Bliss.
his counsel, but he obliged to have his trial
60 on with the other trials. and he soon had other
counsel ready to defend him. Commissioner Shee.
han wanted to have charges made against In
spector William Mclaughlin. who was captain
In the Eleventh Precinct before Cross went
there. in order that the witnesses called to tes-
tfy against the other accused men might also tes-
tify against the Inspector. but he was opposed by
the other Commissioners by the advice of Assist
ant Dlstrict-Attorney weman. who declared that
the evidence against Inspector Mclaughlin was
not strong enough to warrant conviction. The
Commissioners however proceeded with the TIL
ais Of Policeman James Burns, the former ward
Policeman George Smith, Cross's former ward
man there.
The trials were conducted separately yet at the
same time in the way the trials OF the five SER
eeants were pressed on Tuesday. Four Of those
sergeants were dismissed from the force yester-
day. while in the OF Sergeant Hugh Clark
the Commissioners showed mercy by permitting
him to retire on a pension. at his own request
after thirty-four years Of service In the oepart'
ment The progress made in the trials OF Cap
tains Devery and Cross and the three ex-waro
men Yesterday indicated that the trials will not
be finished for about two weeks
READY FOR THE TRIAL.
The trial-room at the Central Office was crowded
at II a. m. yesterday when Commissioners
Martin Murray Kerwin and Sheehan were ready
to proceed The Commissioners had been in con-
sutation with Mr.. Wellman, Police Surgeon
Nammack and DR.. Allan McLane Hamilton
Captain Cross appeared in uniform, and said he
had no counsel He carried a satche full OK
documents, indicating that he might act as his
own lawyer Friend & House, the lawyers who
defended four Of the five sergeants on Tuesday'
were present TO act counsel for Policemen
Glennon and Burns, while A. l. Elkus. Of Colonel
James's office hand to make another
effort 70 delay Captain Devery's trial Devery
tt,raa W. rd
the Eleventh Precinct appeared with the law.
yers but Smith said he had no counsel
I'VE will take up Captain Devery's case" an
nounced Commissioner Martin. Mr.. Elkus arose
and read an affidavit made by DR.. A. w. Becker,
Devery's physician. declaring that the captain
was too III to appear. He also presented an afh-
davIt by Dr. Frederick Peterson. chief or tho
department Of nervous diseases OF the Nander.
bilt Clinic. who examined Captain DeVery on
Tuesday in the presence Of Police Surgeon Nam"
mack. and decided that Devery was in no condi-
ton al this time 20 appear for trial. Mp Elkus
also presented an affidavit from Mrs. Devery,
the defendants wife. asserting that the notice
directing her husband to appear for trial had
not been served upon him because his physicans
had advised her not to cause him any unneces-
sary excitement and that he was at the present
time ignorant that his trial had been set for
r.
be therefore adjourned
TO PROVE HE WAS sHAMMING.
Superintendent Byrnes was called. lie SAID
he saw Captain Devery on Friday. August s.
Devery complained of pains in his head, but Mr.
Rvrnes said he did not notice anything unusual
in the captains appearance.
Policeman Michael OSuvan testified that he
went TO Captain Deverys home on August ana
served the charges. The captain himself opened
the door. Devery's physician Dr. Becker, was
present at the time. When the charges were
served the captain exclaimed: my God, so
soon
The witness went on to tell that Captain
Devery repeatedly rubbed his hand across his
forehead and complained of pains. The captain
took about three-quarters Of an hour to make
I'M his mind to sign the complaint papers. He
finally did sign them
Mr. Weman then called Louise Schilling.
daughter Of the proprietor OF the Atlas Hotel at
Rockaway Beach. The Captain. she said. came
down TO Rockaway on Saturday afternoon Au
gust T. and stayed over with his family untii
Monday He appeared to be In his usual health.
and ate all his meals. He did not complain OF
being Ill.
INSPECTOR Conlin told OF his visits TO Captain
Devarv.s house with Drs. Hamilton and Fisher
and Surgeon Nammack, and of Mrs. Devery's re-
fusal TO let them in.
DR. Allan McLane Hamilton also testified about
his visits to Captain Devery's house with Dr.
Fisher and Inspector Conn
Mr. Wolfram questioned DIR. Hamilton about
the thirteen symptoms which Surgeon Nammack
had given in a statement OF Captain Devery's
condition Many OF the symptoms described by
DR.. Nammack the witness said. could be fe'gned.
All the symptoms described In Deverys case
conveyed nothing serious to DR.. Hamiltons nina.
Mr. Welman asked DR. Hamilton II he couid see
anything in Captain Devery's condition. )udgihs
from Surgeon Nammack's report. that would
prevent him from appearing for trial.
mo. sir. | do not" the response. so far
&c can see CAPTAIN Deverys condition -