New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-12-14
WESTERVELT ON TRIAL.
THE CAPTAIN OF THE TwENTY-EIGHTH
PRECINCT BEFORE THE BOARD.
,,, r,,,rn To CLOSE EIGHTEEN POLICY SHOPS.

THE CHARGES sAY-THE SPECIFICATIONS
WERE DEFECTIVE AND TIE CASE
WENT OVER ONE WEEK
-onta,n Josiah A. Wcstervelt OF the East one
hundred and-fourth-st station. was placed on triai
before the Police Commissioners yesterday lor
neglect of duty The charges were made by gu
perntendent Byrnes on evidence lurh'sne' o'
Vincent Majewsk. of No 3i9 East One-huhureu
and fourth-st who is better known as frehchy'
and who was a witness before the Lexo" .o'''-
mi,tce and Moses Mlntz of No. 4i9 East one
hundred -andsixth-st. The neglect of duty consists
in the CAPTAINS alleged failure to suppress policy
sbons I'm his precinct These are Superintendent
Byrness charges:
That the said Captain Josiah A. WesterhHen
msgseed and Kent fa and no in houses
premises known as No 81 East 0ne-huhureu INV
1sS, Na from East tux s @ 1880
zoos and 200 Second-ave.; NO w l. 10 on,
No 237 East one hundred -eighth-st' 40 ~;
East Observation-Disclosures NO 81, r'a a.,
one hundred and-hrteenth-st; Nlnety-se'e.a
ST between Second and Third ayes; on ahI SUP ID
scGucnt to the first day OF November lo'i ~. o3
,, as ar Ss isei NO 2ss East One-hundred-and-
third-st: No 337 East One-hundred- asnd
Third AYES from November until November ~:
No 2li East One-hundred- go: 81
Der 49, No. 30 East hundred ant- our
November 49, in the city Of %it6n w the
Twenty-eighth Precinct, which was at all times
during said period under the co"'''aHu u "''
Josiah A. Westervelt
Captain westervelt was tried last spring on SINH
lar charges and got of with five days fine. F. u.
House was counsel for the Captain. and eX-Asslst-
ant District Attorney Wcllman was the prosecute
ing officer There large number OF VIII
nesscs in the courtroom At the beginning OF the
trial Mr. House entered II formal plea OF not
guilty in behalf OF his client Mr. House SAID that
the policy-shop alleged TO exist at No. 81 East
One -hundred- nd fourth-st was mentioned In the
charges on which the Captain was tried in March,
md he commended that the board could not Try the
Captain "A second time on the specification, when
alleges that the place in question was IN existence
from July. 1885 until July. 1894. The captain hai
already been tried and convicted on the charge
made I'm connection with No. al East ohe-hUh-
dreI-and- fourh-st. Mr.. House said. ana ne mover
that the specification relating to that place be
stricken from the charges. He also moved that
the specifications concerning alleged poIlcy-shoPS
In Ninety-sevonth-st.. between Second ana Ihird
ayes. and in one OBSERVATION-DISCLOSURES. between
Second and Third ayes. be stricken from the
charges on the ground that they were too IN
dennit" and not specific enough The board
granted the motion.
The first witness called Vincent Majewskl.
Mr. Wcllman addressed the witness as "Frcnchy.
What is your business" asked Mr. Wcllman
81 opened a pollcy-shop there" replied frenchy
Mr. House objected TO the answer. and the OBJ
lection was sustained.
Mr. Wclman again asked the witness what his
occupation
Mr. Morton opened pocy-shop. ana was
writing FOR him" the answer
The witness then said that from March until June
OF this year he wrote policy ~ 40 81 East one
hundred and fourth ST. The backor % the game he
said vas Cornelius Parker. whose headquarters
were at 40. rs Ellzabeth-st The witness sara ne
saw Captain wcs,ervcli md Ward Man Smith ,"ho
h.
station house I'm September OF last year The wit
ness Wa here w hiI hoos in an en-
! v.loir. AMI asked tn" Captain lf he wanted LOS"
books TO 20 TO Morton. The captain opened the
which policy plays were written The hpiain sald
| % him. You take those hooks 20 Morton your.
the books two days IN order - hear IRON ne ,sp
tain Sna h. t shopi f2 T sIsonnW called at his
policy shop. at NO 81 East hundred-and,
ALLEGED rolicy-shops In Wcsterycli's precinct were
exposed In n newspaper. Tho captain he said.
asked him any reporters had visited tne place , Sr
captain went a~ay The wines mad anoinsrr
May ana hal a ialk vim ward Man smith.
"Frenchy said h' was wriing poncy h"'"rj,h
tho times ~ hts visits 70 The staton-hons" -
vro,, policy At 70 81 Esst @pe-sM nun ei al
ro G15nf N .a TI l r S the la%
ings twice ,!ay. They scnt by the hacker.
'Frcnchy' said his runners wcrc '.Jah''" Adams
ana man named GOLDBERG. 'Ihc Captain knows
e.
frI.i 10 XII mo when ! went 20 tn" l."Now com
m!iiec. and I complained Al the station -honss
"Frenchy' was thcn asked about No. -n+ East
NIneiy-eighth-st. ic said the policy shop was
oprnod In September. iSso l; was moved around
from Ninety sry"uih-st. lie SAW policy players
| going In and out and saw the policy sips thcy
cot Tn. witness then asked n b" hal been
at tho place since Noycmher l. IN" tim" covered IN
Inc complaint, "Frenchy" replied that when he
went there he found the pla d" had been moved
again around 10 Ninety s"vcnth-st The latter
place IL was discovered was one OF those stricken
from the charges
President Martin remarked that the sp"cnca-
lions should b. drawn over again Mr.. W"llWnn
suggested that the specifications should be
amended as 10 time. To this Mr. Hous" objected
and Mir Wcllman then moved an Adjournment for
uvr DAYS lie said that In IN" mean time the
| rprcincat lions would b. corrected and additional
| c.argrs served upon the captain Mr.. House OBJ
| t.cfed strongly 10 adjournment He said that
The captain present with lis witnesses, roa ~
| to defend himself on the charges that had been
| commlssioncr Sh-chan thought the trial should
| nrocn.l The other members OF the board were
| nnpos.1 To going under the circumstances and
| the trial adjourned until next Thursday.