The evening world., 1894-07-11
Doubt as to Wellman's Right to
Subpoena Le1ow Witnesses.
Accusers OF Policemen Said to Be
Harrassed by Summonses.
Many Refuse to Obey Them by Adj
vice of Counsel.

10 appear before MIR. Wellman FOR eX-
animation, is done with a view to
harrassing and intimidating them. 1t
Is alleged in the FIRST place that Mr..
Wellman has no legal authority to issue
subpoenas. and that very fact IL used
to substantiate the allegations.
Half a dozen persons who had been
summoned to the District-Attorney's
ONCE on Mr.. Welman's so-called sub
poenas. to be examined prior to giving
testimony before the Police Commission
ers in tho 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 a number
OF other people were waiting to see him.
Some OF the waiting Witnesses were Bo-
hemlan liQuor-dca.ers, who had testified
before the LeNow 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. OConnor, and a ward man
or two seen wander Ing about the cor
rdors OF the General Sessions Building.
Tie 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.
There is very grave doubt In the minds
OF the legal profession whether Mr.. Well
man. as Acting Assistant Corporation
Counsel. has anv authority to compel
any OF these witnesses to appear before
him prior to being summoned TO give
their testimony before the Police Com
inissioners, when the trials actually be-
gin. or whether he has any power to
compel them to say anything II they
obey the summons.
The so-called subpoenas are the
notices usually sent to witnesses who
are wanted to attend before the Grand
Jury, only In these cases IT Is not In
tended that they shall appear before the
Grand Jury at all.
There is blue stamp across the face
Of the notice, which reads: ASK to see
Mr.. Wellman at II o'clock"
1t ~a& explained In the District-A At
torney's Office this morning that this de-
vice was used when witnesses were will
Ing to tell what they knew. and to
save time they wer- taken into the
p.,lvate room Of the Assistant District
being, formally questioned before the
Grand jury
Only the District-Attorney or one or
his representatives has the power TO
issue such summons. and then only in
the prosecution OF crime.
n well known lawyer, who has fol-
lowed the police investigation closely.
said this morning that In the present
cases. as Mr.. Weilrnan was not acting
any longer as an Assistant Distrlct-At-
torney but only as counsel to the po-
lice Board. he had no authority to issue
these summons.
In any event they did not have the
force OF suhpoenas which are legal pro-
cesses OF some court OF competent turis-
attendance OF n witness at some judi
cial proceeding.
This bringing of witnesses down to
the District Attorney Office and ques-
tnn N nI rng gEf nj n haf la.
fore they appear as witnesses in the
trials of the police officers, IL the latter
nra to be tried at all, is a mere farce"
said the lawyer.
1T looks very much as II It were
only done 10 harrass and intinidate
the witnesses and to prevent others
from appearing voluntarily before the
LenoX Committee when 1t resumes it,
work in the Fall
AT any rate 1t cannot but have that
erect when others see how those per:
sons are being bounded and badgered
about; Why, the l.eNow Committee has
actually prepared Il case against every
one of the accused officials and all that
" is necessary for the Police Cowmis
purify the force, Is = go over the tssti-
mony, formulate the charges, put the men
on trial arl then send for Witnesses.
This dragging them down to the Dis.
trict-Attorney's Office three or four times
ana sublectinS them to star-Chpmber
rro'edeinSS Is enough to territN any of
them who have anything TO say, and II
any can he got to testify AT al they viii
probably deny all they said before the
IeNow Committee"
lawyer Moss, who as counsel for the
LeNow Committee, Is said to have ad-
Nised Patrick Ryan TO refuse 10 submit
to an examination by Nj. Wellrran
and to disobey ,subpoenss, denies that
hesahviSed anything OF the sort.
The Police Commissioners, he said
have no power to subpoena witnesses
for the purp lse of examining them he
fore trial. They can compel the at
of policemen. hut not before. They can
also punish witnesses for disobey ing
| subpoenas for actual trials.
I'm the case OF Mr. Ryan's alleged
subpoena, there was no trial going on,
| and yet II commanded him to appear at
General Sessions, just a. II ii were some
particular case. tvidently IT had no
| force " ma tever, and was worthless
MIR. Ryan had consulted his lawyey,
| John j.. Brady, before he came TO see
me, and he told him that he need pay
no attention 10 II. All said to him
| BRADY"
N It had been 4 subpoena to attend
| thr irial OF particular policeman It
w w",Ii P h a difteren. ihlns'nnd M Ryan
| u not true, however that | advised him
to disohcy any regular or legel sub
| pCeaaS."
When Mr.. wellman came downtown
early In the afternoon he informed an
| Evening World" reporter that Mi
| Ryan in all probability would very soon
| change his attitude, and that other wit.
nesses he had summoned would 70 the
| same
he declined to say, however what he
! intended 70 do. He was very Indignant
! when he learned that Mrs. Thurow, on
/ OF the leNow witnesses, whom he had
summoned this morning. was not 81,
hand, and that she had gone To Mi
Moss, given hinr her subpoena aud had
been advised by him not TO go near Mr.
| Neilman'a office.
MIR. Moss was afterwards found AZ
subpoena with him and admitted that
he had Instructed her, not TO go to see
Mr.. Wellman, and had sent her home.
The case Of this witness is a psCSlaI
one" said Mr.. Moss and aside Ron
the fact that the subpoena. which yol
see calls ror hef attendance at the trial
OF John Jones' In Part IL. OF the Gen
eral Sessions, Is fraudulent one. she
Is already under subpoena by the Senate
Committee 10 appear on Sept, 10 next.
she has already suffered considerable
persecution on account Of her test
mony, and the Senate will protect he
from further annoyance II II can,
" so far as other witnesses are con
cerned ! have no disposition to inter
fere with Mr.. Wellman. II they wan
to go and talk with him they can do ~
! did not advise Mr.. Ryan not to Sc
Mr. Wellman, but told him II might h
d good thing for him to go. although h.
was not compelled to do SO.