The evening world., 1894-07-11
IS IT BULLDOzINC /?
Doubt as to Wellman's Right to
Subpoena Le1ow Witnesses.
Accusers Of Policemen Said 10 Be
harasssd by Summonsss.
Many Refuse to Obey Them By Ad-
vice Of Counsel.

| roHce boaru investigation OF police
men accused before the Lexow Commit
tee. that the summoning of witnesses
to appear before Mr.. wellman for ex-
animation Is done with a view to
hsrassins and intimidating them. It
is alleged In the first place that Mr..
Weliman has no legal authority to issue
subpoenas, and that very fact Is used
to substantiate the allegations.
| Half dozen persons who had been
summoned to the District-Attorney's
office on Mr.. Wellmants so-called SUBJ
poenas, to be examined prior to giving
testimony before the Police Commission
ers In the pending trials Of the accused
officers, waited in Mr.. wellman's private
office all this morning.
The counsel to the Police Board did not
put in an appearance, although number
OF other people were waiting to see him.
Some Of the waiting witnesses were Bo-
hemian liquor-deaiers, who had testified
before the Lexow Committee that they
had paid money to the Pantata OF the
Harlem Precinct for the privilege Of
violating the Excise law.
There were one or two women and
Police Capt. O'Connor and a ward man
or two seen wandering about the cor
ridors Of the General Sessions Building.
| Inc latter would not say whether they
were waiting to see Mr.. Wellman or
not.
Whether Mr.. wellman will have any
| better success In making witnesses say
anything than he did yesterday with
Boxmaker Ryan and the others remains
| to be seen.
Of the legal profession whether Mr.. Well
man. as Acting Assistant Corporation
| Counsel. has anv authority to compel
my o. these witnesses to appear before
him prior to being summoned to give
their testimony before the Police Com
missioners when the trials actually be-
gin. or whether he has any power to
compel them to say anything II they
The so-called subpoenas are the
notices usually sent to witnesses who
are wanted to attend before the Grand
Jury. only In these cases 1t Is not In
tended that they shall appear before the
There is a blue stamp across the face
Mr.. Weflman at II O'Clock"
1t was explained in the Dlstrict-At-
torney.s office this morning that this de-
ing to tell what they knew. and to
save time they were taken into the
private room, Of the Assistant District
being formally Questioned before the
Grand Jury.
| Only the District-Attorney or one Of
MS CONSERVATIVES has the power to
issue such summons, and then only in
the prosecution OF crime.
well-known lawyer, who has fol-
lowed the police investigation closely,
cases, as Mr. Weliman was not acting
any longer as an Assistant District AT.
torney. but only as counsel to the Pc.
Ice Board. he had no authority to issue
these summonses.
In any event they did not have the
force of subpoenas which are legal pro.
cesses of some court of competent juris-
diction. and are only used to secure the
| attendance OF a witness at some Judi.
cial proceeding
the District-Attorney's Office and ques.
tioning and cross-questioning them be-
fore they appear as witnesses in the
trials of the police officers, II the latter
said the lawyer.
ut looks very much as II It were
only done to harass and intimidate
from appearing voluntarily before the
Lexow Committee when 1t resumes Its
work in the Fall
AT any rate It cannot but have that
effect, when others see how those per-
about, Why. the Lexow Committee has
actually prepared a case against every
1t Is NECESSARY for the Police Commits
sioners to do II. they really wish to
purify the force, Is - go over the testi-
mony,. formulate, the charges, put the men
on. trial and then send for witnesses.
This dragging them down to the Dis
tr!ct-Attorney's ONCE three or four times
sdRss IS eno ns to te anS
them who have anything to say, and II
probably deny, all they said before the
Lawyer Moss. who. as counsel for the
Lexow Committee, is said to have ad.
vised Patrick Ryan to refuse to submit,
and to disobey .subpoenas, denies that
he advised anything of the sort.
THE Police Commissioners" he said.
for the purp use OF examining them be-
fore trial. They can compel the at
tendance Of witnesses at actual trials
Of policemen. but not before. They can
subpoenas for actual trials.
In the case OF Mr. kyans alleged
subpoena. there was no trial going on.
General Sessions. just as II it were some
particular case. Evidently II had no
force whatever. and was worthless.
John j. brady. before he came to see
me, and he told him that he need pay
was that l perfectly agreed with Mr..
"If 1t had been subpoena to attend
the trial Of particular policeman II
would be different thing, and MI Ryan
would have be IN obliged to attend. 1t
Is not true however, that / advised him
to disobey any regular or legal sub
pcenas."
When Mr.. Weilman came downtown
early in the afternoon he informed an
Evening World" reporter that Mr..
Ryan in all probs bility would very soon
change his attitude. and that other wit
nesses he had summoned would do the
same.
He declined to say. however, what he
intended TO do. He was very indignant
when he learned that Mrs Thurow. one
OF the LeXow witnesses whom he had
summoned this morning. was not on
hand, and that she had gone to Mr.
Moss, given him her subpoena and had
been advised by him not to go near Mr.
Wellman's ONCE.
Mr.. Moss was afterwards found at
Mr.. Gotf's office. He had Mrs. Thurow's
subpoena with him and admitted that
he lad instructed her not to 20 to see
Mr.. Weliman, and had sent her home.
"The csse OF this witness is a peculiar
one" said MIR. Moss. land aside from
the fact thFt the subpoena, which you
see calls for her attendance at the trial
or John Jones. In Part II. OF the Gen
eral Sessions, Is a fraudulent one. she
is under subpoena by the Senate Com
mlttee to appear on Sept. 10 next.
"She has already suffered considerable
- persecution on account OF her testi-
mony. and the Senate will protect her
from further annoyance II II can
other witnesses n.