New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-06-04
DECIDED IN DEVERY'S FAVOR
THE LATE POLICE BOARDS ACTION RE-
VERSED.
THE GENERAL TERM OF THE COURT OF CoMMos
PLEAS ORDERS THAT DEvERY AND

THE GENERAL TERM OF THE COURT OF COMMON
PLEAS ORDERS THAT DEvERY AND
GLENNoN BE REINsTATED
The General Term OF the Court of Common Pleas
handed down a decision yesterday reversing the
order OF the Board OF Police Commissioners In
dismssing Police Captain William >. Devery ana
Ward Man Edward Giennon from the ponce iorce
and ordered that they be reinstated Inc OPINION
is written by Judge Pryor. the Court concurrlng
The matter came before the Court at the May
term ,pon the application of Captain Devery FOR
a writ OF certiorari to review the determination OF
the Board OF Police Commissioners IN discussing
him from the force John c. Sheehan was the only
Commissioner who voted against Deverys dls-
missal Captain Devery was charged with having
received brides from propretors of houses oil III
fame He was too sick to appear at his trial before
the Commissioners. but Notwithstanding the lac'
that certificates to that effect were submted py
Colonel James, counsel for Devery. the Board
forced on the trial
G,ennon objected to being tried without having
the benefit OF Deverys testimony, but the Board
OF Police Commissioners would not adjourn Inc
trial. and he was dismissed charges OF accepting
brides. lie also asked FOR reinsta iement
In his opinion Judge Pryor says:
reator Orvtry1 10 be true and dsmssins nm
from oee n, aeg Snd 3 pace Teq@rei by SAID
notice that the charses were duly biouEn. ~ "a
hearing and duly tried. heard, publicly eNanlheI
AID Investigated in the manner required py IAN
and the rui,s and regulations Of The stid hoAIn
and answered the time required by sa'' "o"'7
is abs 1lutey without foundation ,o,., cum,
In their return to the writ the IeSponuv',T .P
press the facts OF the case ih'S say q, -
thar notice of the charges and OF tne n.'i1 ~,
served upon the re.ator on August o. - ~ ,,
IN hereafter on August y. be appeaI.I y! n'. az
torneys and the trial proceeded. m u uo u -
that on August g. 1894 the relator Was Vi'er 20 *
pear on Tho 9TH for trial. that appilscu on a., c
Of his inability TO be present py rt'S to,V that an
the Board adjourned the tildl ~ for
Nuolsf II Tho trial was set for the l1tn' una 4uI
the 18th was not communicated TO me r.ia'o, a.lu
he was not Of 1t until lony al'er y bi
And yet from the return the obvious anu ai az rr
irScrsncn * that the reator vas admchlshed on
August of his trial the 18th on ne o'h' say :
- rstu-r The r.lator had notice of the charges
and The time OF trial and thereafter on August To-
81 he tlne mentioned the trial proceeded. 49,
BY emitting the time mSntiohed IN trv mai
w ~ va The day designated in the notice OF
the 9th. and that SO the reiator was ouS "pp''S'D
roually misleading and unwarranted is the state
rlent in the order OF dismissal ,hau 'iae W.
,nfcrence is that he appeared In person ana mace
answer to the charges. lie dd neither, re &c ap
reared only by attorney-hot ~ roc,rin an
reared for the exclusive purpose OF ploc Hi
d1ournment of the trial. because OF me illness OF
~ client and. the adjournment Denied he TOOK no
fHr.nsr pasiie arr counsel for the prosecution en-
deavored over and again 10 begule the reiet0I az
fornev into some act that would De equEScnnu =.
. ,aTs,icinafjon in the trial. but with equal adrot-
mess and persistency the attorney kept aoof from
the proceedings. except 10 move an auJUa
The adjournment WAS oehleu am iie "' ~
without a trlaI >,,,
Judge Pryor also writes the opinion in Giennons
case.
Commissioner Parker said yesterday afternoon
that he will look up the record Of CAPTAIN BeveIs
Isl The other Commissioners have left 10 MI
Parker considering that he is LAWYER, me 70
ton 10 decide whether or not the Boaro shaH Ap
neal the case