New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-03-17
VE.STERTELT on TRIAL.
THE POLICE CAPTAIN CHARGED WITH
GROSS NEGLECT OF DUTY.
SUPERINTENDENT BYRNEs SAYS THAT he
FAILED TO CLOSE MANY PoLiCY-sHoPs
IN HIS Observation-Disclosures THAT
THEY WERE OPENLY IN
OPERATION

The Police Commissioners yesterday tried Captain
I,siab \ Wes,eryelt Of the East Onehundred-
an1-fourth-si. station, on charges OF neglect OF
drty made by superintendent Byrnes' IN that no
failed 20 suppress certain policy-shops IN MS pre-
cinct Thirteen places are mentioned IN the COM
piaint where policy slips and lottery tickets were
.oid-alI in CA ain Westervelts precinct The evil
lonc. On which the charges were based was fur
nisheI 1, the Superintendent by TWO reporters.
Captain Wesieryet was represented py Jaw
YER. Frederick House and, Edmund Price He
ul.alaJ not guilty when his case was called shortly
after u o'clock Only Commissioners MacLeah ana
ucClaye were present when the trial began. James,
~ Slaight reporter testified. In response TO ques-
tio,s mt 10 him by the superintendent. that on
March ne visited the premises No li6 East Nine
ty-eghth-st.. and found poley-shop IN iuh opera"
ton there liz had NJ trouble playing policy there.
rhe witness next told Of his visit 10 No S53 East
Nlnety-s .venth-s; where he found A policy-shop
I'm the rear OF a cigar-stOre, but was not adnf'eH
AT that time He played policy there later. slaight
gave direct testimony regarding several places IN
the precinct where he himself had played policy ana
where he saw other persons playing
Counsel for Captain Wes,ervelt asked Mr.. Slaishs
10 give the name OF the person VINO went WIN MN
10 one pocy-shop mentioned. The Witness ee-
c,ined Counsel then requested the Commissioners
20 direct him to answer the question. Tne COM
rnissioners directed Mr. Saght TO do so. but Tie
witness still declined. Mr.. Price then moved tnat'
inasmuch as Mr.. Slaight was guilty Of contempt,
all Of his testimony be stricken out. The motion
denied.
william NJ Fuller another reporter. testified to
visiting a number Of the places and seeing people
going I'm and out. He did not enter any OF these
places ard had no personal knowledge OF what
going
Ycaman Fisher colored man. testified that he
had played policy at No. lj6 East Ninetyeighth-st
within the last ten days
Mr. House moved that in the face Of the evidence
presented the case against Captain WesterVet %
dismissed The motion was denied. and Captain
Westervet then took the stand In his own oenalf'
lie testified that he tried TO get evidence against
the place At No. 1856 East Ninety-eghth-st, alleged
10 be a policy office He visited the house two or
three Zines each week and also detailed his detec-
ives 10 try 10 grt evidence. but they failed 10
lind anything wrong. In regard 10 the other places
mentioned in the complaint. me taptxain asser,.t
that he had investigated them all Dut lould no eV'
dence that the law was being violated
The captain said he had done everything that q
police officer could do TO get evidence against
sup rln,endent Byrnes asked;
DO you think that you, as captain OF the Twenty
eighth Precinct. with ll5 men at your command,
ought to permit policy shops TO exist there
The Captain replied that captain has numerous
duties 20 perform and could not be nell responsl..
bi, for a policy slip being sold behind locked
Wr Rvrnes asked the Captain II he could explain
how II was that all the places mentioned In the
rorr niaInt were effsctually closed after March
Captain Wes,ervelt answered that he could not say
Ward Detective George Smith testified TO having
places reported TO be policy Offices and ne dd so.
He made a thorough Investigation, put was unable
10 secure any evidence II would nave pen in-
possibe he said. for policy slips 70 De sod mere on
,ho davs of his visit Detective William j. Mooney
gave similar testimony, and several pohceneni
whose posts take in the streets wherein inc alleged