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 Ad.
vice of Counsel.

men accused before the Lexow Commit
tee. that the summoning OF witnesses
to appear before Mr. Wellman for ex-
animation, Is done with view to
and illuminating them. 1t
is alleged In the first place that Mr..
Wellman 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.. Wellmans so-cailed sub
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.
hemian liquor-dea,ers. who had testified
before the Lex)w 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 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 MIR. wellman will have any
bette, ;p,s success n In making witnesses say
boNmaker Ryan and the others remains
TO be seen.
There is very grave doubt in the minds
Of the legal profession whether MIR. Well
man. as Acting Assistant Corpora ton
Counsel has any authority to compel
any ot these witnesses to appear before
him prior to being summoned to give
their testimony before the Police Com
tniySiOnnTA when the trials acfnaIlv ha.
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 II In not in
tended that they shall appear before the
Of the notice. which reads: Ask to see
MIR. Weliman az II o'clock"
II was explained In the District-At-
vice was used when witnesses were will
ing to tell what they knew, and TO
save time they We're taken into the
Attorney, and examined there instead of
Grand Jury.
Only the Distrlct-Attorney or one Of
ME representatives 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.. Wellman was not acting
any longer as an Assistant District-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 subpoenas which are legal pro-
cesses OF some court OF competent juris-
diction. and are only u.ed TO secure the
attendance of a Witness at some judi
cial proceeding.
This bringing OF witnesses down to
the Distriet-Attorney's office and ques-
tioninS and cross-quest ioning them be-
fore they appear as witnesses in the
trials Of the police officers, II the la tier
are to be tried at ALL 10 Ii mere farce
said the lawyer.
1t looks very much as II It were
only done to harraBs and intimidate
the witnesses and to prevent others
from appearing voluntarily before the
Lenox committee when 1t resumes Its
work In the Fail.
AT any rate 1t cannot but have that
effect. when others see how those per-
sons are being bounded and hadgered
actually prepared case against every
one OF the accused officials, and all that
It Is necessary Tor the Police Commits
5loners to 40 II they really wish to
purify the force, Is b go over the testi-
mony, formulate the charges, put the men
on trial and then send for witnesses.
This I'M, dragsing them down TO the Dis
and subjectins them to star-chamber
procedeinss is enough 10 territy any OF
them WHO have anything 10 say, and II
any, can be got to testify at al they VIII
probably deny a. they said before the
Lawyer Moss. who as counsel for the
LexoW COMMITTEE. IL said to have ad-
yised Patrick Ryan TO refuse to submit,
and TO disobey ,subpoenas, denies tina
he advised anything OF the sort
Tho Police commissioners" he said,
Cor the ,purp.se of examining them be
fore Trial They can compe! the. at
tendance OF witnesses at actual lriais
OF policemen, but not before. They can
subpoenas Tor actual trials.
subpoena, there was no trial going on,
and yet I commanded him 70 appear at
particular case. Evidently II had no
force whatever ana was worthless
Mr., Ryan had consulted his lawyer,
John ); brady,, before he came 10 see
nc attention . H. All l said @ linn
was that perfectly agreed with Mr..
III It had. been subpoena to attend
the trial Of particular policeman it
would be a different thing and Mr.. Ryan
would have be n obliged 10 attend. Il
10 not tlue, noHsver, that l advised him
TO disobey any regular cr legal sub
pcelas."
When NJ. Welim6n came downtown
sarly In the afternoon he Uniformed an
Evening World" reporter tina: Mr.
Ryan In all probability would yery soon
change his attitude, ana thai other Wit
nesses he had summoned would 10 the
same.
He declined to say, however, what ho
intended to DO. He was very indignan.
when lie learned that Mrs. Thurow, one
Of the Lexow witnesses, whom lie had
summoned this morning, was not OF
hand. end that she had gone to MI
Moss given him her subpoena and had
neen advised by MIN not 20 60 near Mr.
Wellmans ONCE.
Mr.. Moss was afterwards found at
Mr. Gorf's once. He had Mrs. Tnurow' S
Subpoena with him and admitted that
ne had instructed her not 10 40 TO see
Mr. Wellman, and had sent her home.
The case OF this witness IL 1. peculia r
one said Mr.. Moss, "anG aside fror'
the fact thTt tina subpoena, which you
ace calls lur lief attendance a. the trial
OF John Jones, In Part n. Of the Gen.
eTal Sessions, Ia n fraudulent one. she
II slready under subpoena by the senate
! Committee 10 appear on Sept. 10 next.
She has already suffered considerable
persecution on account OF her lesti-
| mony, and the Senate will protect her
from further annoyance II Il can.
.