New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-12-08
MIR. SHEEHAN INDICTED.
1T is UNDERSTOOD THAT 1T is FOR con-
TEMPT OF THE LEXOW COMMITTEE.


TEMPT OF THE LEXOw COMMITTEE.
HE REFUSED TO GIVE UP HIS BANKBooKs-oF-
F1CIAIs AT THE DIsTRICT-ArToRNEY's OF
FIcE RETIcENT ABOUT THE CAsE-PRoB-
ABLY ONLY TWO MORE WEEKS OF
THE POLICE INVESTIGATION
Although officials at the Disrict-Attorney's
office were careful yesterday not to make posi-
tive statements regarding the indictment Of
Police Commissioner John c. Sheehan for con-
tempt in refusing to allow examination Of
his bankbooks by the Lexow Committee. ii was
learned that the Grand Jury had ordered such
an indictment Thursday Mr.. Sheehan left
the city on Wednesday and went to Hornells-
Vile, y. Y. to meet his wife and accompany her
to Buffalo. where they intend paying visit to
his father Before leaving the city he declared
his intention to return to the city to-day or on
Monday. From the statements made In conf
dence by persons who were in position to know
the facts. 1t was plain that there was no desire
to humi.iate Commissioner Sheehan by arrest
ing him before he returned to his home. There
fore the Indictment had not been filed yesterday
and no warrant for Mr. Sheehan's arrest had
been issued.
There n report also that Commissioner
Sheehan might have been indicted for alleged
interference with the vote on the Constitutional
amendments in the XiIIth Assembly District
on Election Day but Assistant District-Attorney
Battle said that no testimony in such COM
piaint had been laid before the Grand Jury. Mr..
Battle and other officials OF the office declined to
say positively that Mr. Sheehan had been in
dicied on the charge OF contempt.
TO BE CARRIED TO THE COURT OF APPEALS.
Commissioner Sheehan and his counsel hav,
been Informed Of the steps taken to have him
indicted and II was asserted yesterday that
there would be no objections to pushing the
case to n decision by the Court OF Appeals with
as much speed possible When Mr. Sheehan
returns to the city he probably will present
himself at the District Attorneys Office and give
bail and his prosecution will be begun by one
II the Assistant Ds,rict-Attorneys. No matter
which way the Is decided in the lower court,
IL will be carried t., the Court OF APP
peas because II IL important to test the ques-
ton as t. the extent Of the power Of a legs-
lative committee to compel the production Of the
private bankbooks Of public official who Is
under examination The counsel for Commis-
sioner Sheehan will make no objection TO the
record az furnished by the report OF the official
stenogra phcr II the LexOw Committee II VIII
probably be remembered that when Commits
sioner Sheehan refused u allow general ex-
animation OF his bankbooks by Mt Con IN
I
vice OF counsel and the stenCgrapher took down
n mass Of testimony In which his refusal and
tn. grounds FOR II were stated plainly. If the
Commissioner is found guilty ~ contempt he may
be subjected 70 Imprisonment In the peniten-
t.ary for a year. t. "A fne OF $500. or 10 both
There can he no decision by the Court of APP
poals before the lapse II several months and
in all probability the Lexow Committee VIII not
have an opportunity 10 examine Mr. Sheehin's
bankbooks
THEY SAY THE CASES ARE NOT ALIKE.
The case Of a witness named Mcdonald. who
refused To- surrender certain books 10 a Senate
committee In this city In an investigation Of the
Department II P.ibiir Works about ten years
ago. has been mentioned az furnishing prcc-
odcnt for the proceedings against Commissioner
Shechan but the counsel Cor the Commissioner
contend that IN" two cases are not aIike ne
cause Mr. Sheehan took his bankbooks before
the Committee. and offered To allow m examina-
don ~ any u them IN connection with charse
We probably may have to round up the in
vcstisatior of The Police Department In 'wo
weeks" said Senator Iexow yesterday when h"
was asked by a Tribune rcpnrtcr about the time
remaining FOR taking testimony. Il cannot speak
| unsfIycly FOR tho other members ~ IN" commit
tee" he continued. nut II - ioup'iul u we can
take testimony during the holiday week
"Will 1t h. possible IN the remaining time To
call a. Witnesses before the committee any Of thu
rnlice inspectors captains and other members
- the department who have been Implicated
by the testimony of other witnesses! ne was
asked.
We could not have time To cali all Of those
men" he replied "and We cannot make dis
,lncions: but the witness-chair Is open To an
who want to Nindicate themselves. ana take
thcr chances ih the cross-eXamination. The
offer has been made publicly. and Is on the
records ~ The proceedlngs. ana those ohclnls .a,
who fail 10 take advantage OF the opportunity
must rest under the presumption that the tes-
| timonV against them was true.
HOW MR. ByRNEs WILL BE TREATED.
.\yhen Is Superintendent Byrnes TO be called
| as witness?
THAT Is for the counsel Of the committee to
| decide"
"wiIl Mr.. Byrnes be treated tendery in the
examination. as has been reported?
| "Ue will be treated the same as any other Wit
Gan Won sneak OF the character Of the testi-
| monv 10 be given before the committee during
| the two weeks yet remaining Tor the ihVes"gd
tion?' .,,o oo,,,,o, 70 sav but
| ,birk the extent Of the corruption In the Police
Department has been fully shown. ana that we
| should have testimony or kind 10 ad 'hc coi"-
| mittee I'm legislative work.
Mr. C;on was at White Plains yesterday. and
| clerks In his Office said he had gone to thar
| Mace to argue case in court. Mr.. Moss ana
| " Jerome said there was lack OF good tes-
| ,Imony TO occupy the time of the committee put
| they declined to speak of the character OF the
| testimony to be presented IN the liVsS.,sa'iom
| There will be no annual dinner OF the police
| c.ntains next month. and II may he a long time
| before the commanders OF the police force sit
with their friends about "A table az I'eiinohic1n 1 -
| cmciaIs AT the Central Office said yesterday
| ,hat the idea Of an annual dinner had been given
| nm bv mutual consent Many or the captains
| ~, Loon onnosed to the annual dinners for two
Years and aimee the exposures before the Lexow
;,nmrittce none Of them had the face to mention
| arranpemcnts for another dinner.
| CAPTAIN REILLY WANTS TO RETIRE.
,,r uAs prEN IN THE DEPARTMENT TWENTY
EIGHT YEARS AND SAYS HE Is Ill"
| An appllcation for retirement on halfpay WIS