The evening world., 1894-07-11
Doubt as to Wellman's Right to
Subpoena Le1ow Witnesses
Accusers Of Policemen Said to Be
harassed BY Summonsss.
Many Refuse to Obey Thorn by Ad-
vice Of Counsel.

animation Is done with a view to
harassing and intimidating them. 1t
10 alleged In the first place that Mr..
Wellman has no legal authority to issue
subpoenas. and that very fact 10 used
to substantiate the allegations.
| Half dozen persons who had been
summoned to the District-Attorney's
office OH Mr.. Wellmans 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 MIR. Wellman's private
ONCE all this morning.
The counsel to the Police Board did not
put in an appearance. although number
OF other people we're waiting to see him.
Some Of the waiting witnesses were b.
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 ward man
or two seen wandering about the cor
ridors Of the General Sessions Building.
The latter would not say whether they
| 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 ..ir ' Veil.
man. as Acting Assistant Corporate
Counsel. has any 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
Grand Jury at all.
There is a blue stamp across the face
| OF the notice, which reads: Ask to see
Mr.. Wellman at II o'clock"
1t was explained in the District-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
issue such summons, and then only in
the prosecution of crime.
,o - o.. Tei,,knoTn LAWYER, who has fol-
| ioWeu Inc ponce invesUgatlon closely,
said this morning. that In the present
cases.. as Mr. Wellman was not acting
any longer as an Assistant District At
torney, but only as counsel to the Po-
! 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 witness at some judi
cial proceeding.
| -. 80
the District-Attorney's Office and Ques-
tioning and questioning them be-
fore they appear as witnesses In the
trials OF the police officers, II the latter
ut looks very much as II 1t were
only done to harass and intimidate
from appearing voluntarily before the
Lezow Committee when 1t resumes Its
work in the Fall.
effect. when others see how those per:
sons are being bounded and badgered
about, Why. the Lexow Committee has
one OF the accused officials. and al. that
sloners 70 90 If they really wish 70
purity the force Is t. t. 60 over the test,
on, trial and then send for witnesses.
This dragging them down to the Dis
trict-Attorney's office three or four times
proceedings is enough to terribly any Of
them who have anything to say, and il
any can be got to TESTIFY at ali they wfll
RrSoaSyc S deny AL they said before the
Lawyer Moss, who. as counsel for the
Lexow Committee. is said to have ad-
TO an eXamination by Mr.. Weiiman,
and to disobey subpoenas, denies that
he advised anything of the sort.
THE Police Commissioners, he said,
a n yryitt al
for the purpI se OF examining them be-
fore trial. They can compel the at
tendance Of Witnesses at actual trials
also punish witnesses for disobeying
subpoenas for actual trials.
I'm the case of Mr.. Ryan's alleged
and yet Il commanded him to appear at
General Sessions. Just as II 1t were some
particular case Evidently Il had no
forss whatever r,a ana 6ov was worthless
John j.. Brady. before he came to see
me. and he told him that he need pay
no attention to 1t. All ] said to him
was that I perfectly agreed with Mr..
III it had been subpoena to attend
the trial Of particular policeman 1t
would have be IN obliged to attend. 1t
is not true, however. that l advised him
to dlsobey any regular or legal sub
When Mr.. wellman came downtown
early in the afternoon he Informed an
Evening World" reporter that Mr..
Ryan in all probability 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
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 10 go near MIR.
Wellfnan's ONCE.
Mr.. Moss was afterwards found at
Mr.. Gon'a Office. He had Mrs Thurow's
subpoena with him and admitted that
he rad instructed her not to 90 to see
MIR. Weliman, and had sent her home.
1.-THE case OF this witness Is a peculiar
one." said Mr.. Moss, land aside from
the fact thft the subpoena. which you
see calls for her attendance at the trial
of John Jones. In Part II. Of the Cen
eral Sessions. is a fraudulent one. she
is under subpoena by the Senate Com
mittee 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.
So far as other witnesses are con-
cerned 7 have no disposition to inter-
fere with Mr. Wellman. II they want
to 20 and talk with him they can do SO.
I did not advise Mr.. Ryan not to see
Mr., Wellman, but told him II might be
a good thing for him to 20, although he
, was not compelled to do so.