New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-01-15
BYRNES TO STAY IN OFFICE.
REPORT THAT HIS RESIGNATION HAD
BEEN RETURNED BY THE MAYOR.
-,,, SUPERINTENDENT REFUSES TO SAY
WHETHER THIS is TRUE OK Noi-A'>0i MIN
"suAKEt-P'. AMONG THE CAPTAINS
COMING - wEsTERvELT's CASE
LIKELY TO BE DROPPED.


LIKELY TO BE DROPPED.
=. is NOW well understood by members OF the
po,,co Department and by politicians in this city
that Police Superintendent Byrnes Is 10 remain
g., office as the executive head OF the police force
and that he will make of all of his ability ana
authority to compel the police 10 enforce the law IN
the city better than 1t has ever been enforced DC
fore The police activity in enforcing the hHcise
law on Sunday spoken OF yesterday as
sample Of the work which the police might pe
expected to perform under the new orders from
the Central Office The returns received at inc
Central Office yesterday showed that over 5oV per-
sons had been arrested Sunday for violating
the Excise law.
There was a report IN the city yesterday mat
Superintendent Byrnes's letter 20 Mayor Strohs'
Offering to withdraw from the Police Department.
had been returned to Mr.. Byrnes by the Mayor.
When Superintendent Byrnes was on the s'a"i
before the Lexow Committee he created a sehsa-
ton by announcing that he had sent 10 the Mayor
a letter inclosing his application for retirement,
with the request that the Mayor shouio lor"aiu
1t to the Police Board II he so decided.
When MIR. Byrnes was asked late yesterday al
ternoon whether 1t was true that the Mayor hau
returned to him his letter Offering to withdraw
from the department. he said:
II positively refuse to say anything about the
matter That question has been asked me sew
eral times but l refuse even to discuss IT.
There was some talk at Police Headquarters yes
terday that another "shakeup'' Of captains was
imminent. 1t was said that Superintendent Byrnes
had determined upon shifting more captains around
and would recommend the changes among the
precinct commanders at the meeting or the romeo
Board to-day. 1t is believed also that NUMBER
Of sergeants will be transferred In the near iu-
ture The Superintendent declined TO say ANYTHING
the subject yesterday, and the Commissioners
professed to be ignorant OF Mr.. Byrness future
Unless otherwise ordered. Police Captain JOSIAH
A. Westervel of the East One hundred-and- fourth
ST. squad. will be put on trial before the Com
irassoners az Headquarters today on charges
which Superintendent Byrnes lodged against him
last month. 1t will be remembered that the super.
intendent filed charges OF neglect or duty asdIhsi
the Captain for falling 10 Suppress poAcy-shops III
his precinct. The trial originally set To-, "
trial that the charges and specifications were de-
fecve. and the hearing was adjourned unuI Pc
cember 90 A set Of charges was prepared ny
ex-Assistant District Attorney Wellman ana served
on the Captain. They consisted of fifteen dsuhct
charges of neglect OF duty, conduct unOecoihIis ~
officer. conduct injurious 10 the pubic peace Az
welfare. and what technically called IeSaI Oh
fences. <,., &,
The charges were all based evidence furnished
by an ex-policy writer, Vincent MaJewskl petter
known "Frenchy," who Was witness peloIe
the Lexow Committee When the trial was begun
on December 90 an adjournment was asked FOR by
Mr. House. counse. for Captain Wes;ervc.t. .
Mr. Wellman favored an adjournment on lIe
grounds that the complaints were not very ~ubStaI
tial, he said. The Commissioning adjourned me
trial until to-day. 10 give Mr.. Welman an opp2i-
tunity to prepare a better against the Captain
Mr. Wellman was at Police Headquarters yester-
day afternoon. He said that Captain WesterVe.t $
trial would b. called. bat intinated that the pro.
ceedings would be dropped as the charges against
Westerveit were unsubs'antiated.