New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-06-05
HELPED BY A TAMMANY PULL
THE CASE OF JOHN H. LEARY. DE-
FACLTER.

AFTER MANY DELAYS on THE PART OF THE
DISTRICT rToRNEY's OFFICE IN BRING
ING IT TO TRIAL THE MAN Is AT LAST
LANDED IN JAIL. AND GETS
ONLY ONE YEAR FROM
JUDGE COwIXC.
A case was closed on McndayiH the Court If Cen
eral Sessions before Juog' Cowing which exempli-
fed the power Of a "Tammany pull with Tammany
officials John II. Leary. Of No. rs Henry-st''
was collector for the Consolidated Gas Company,
with an office at No. 157 Hester-st.. the Amer
can Surety Company going his security IN inc
sum OF 900 Last December Leary was found
to be a defauter to the gas company and ad-
m,tted to Charles E. Holiday. the Surety Com
pany's Inspector. who was put In charge OF the
case that he was behind IN his returns between
$500 and $500 A thorough examination OF Leary
accounts however showed a shortage Of about
g. 400 which the Surety Company made good TO
the Consolidated Gas Company on February H.
1895 Leary In confessng the default, said that
II was the result Of losses on horse races. Ills
distractions of money collected for the gas COM
pany had extended over a considerable perioo
and were embraced In 27O different items vary
ing from 81 so to s25 or 800
Leary was arrested on December IS. 1894, and
taken before Justice Feltner at the Essex Mar
ket Court. The Tammany pull possessed py
Leary at once in evidence when Jeremiah
Hayes, Tammany clerk Of the Essex Market
Court, seemed to favor Leary's cause ana the
Tammany Justice was induced to release him lii
900 bail. which was promptly furnished Dy an
East Broadway liquor-dealer named Regain
The Grand Jury. which seems to have escaped
Tammany influence. found. on January IS, three
nd
but Inspector Holiday says that he soon dis
covered that there was no eagerness TO try them,
so far as the District Attorneys office was con-
cerned. Four times. he says. he was in court
with all his witnesses brt the Distrct-Attorrey's
office always had reason for putting Off the
trial. powerful clique in the Criminal Courts
Building which included Henry w. lllmtzer ana
candy" Fay Of the District-Attorney's office.
and Frank ]. Hawk replevn clerk for the
Coroner's office, all Tammany workers and men,
bers OF the Tammany Hall General Committee.
were active Mr. Holiday asserts, in their efforts
TO save Leary from punishment 1t Is said that
ex-Coroner John p. Shea also took hand In
putting obstacles In the way Of Justice
1.-THE first time the case was to be tried. SAID
Inspector Holiday yesterday. Recorder Con
was on the bench. and Assistant Dstric'-A'-
tornev Stephen j. OHare was in charge Of the
ary p to February 26. After two days waiting
IN cour, with my witnesses, I met Mr.. O'Hare In
the court building. and asked him the cause OF
nis DELAY to call the Leary case OHare turned
to me and said: Holiday. have learned that
this man is an old friend Of mine and can't
find 1t in my heart to prosecute him. You pet
ter go before the Recorder and have the case
transferred TO some other part
Il followed OHare's advice, and the case was
transferred to Part Ill. On March the case was
again on the calendar, with Assistant District-At-
torney James w. Osborne as prosecutor But
here 1t was hung up again through influences
which Leary's Tammany friends were able 10
bring The case placed on the calendar
again for May s. and Assistant District-Attor-
ney Thomas J. Bradley was put in charge OF 1t.
Bradley showed the same indifference that had
characterized the prosecuting officers who had
preceded him until l succeeded in getting an
order from the District-Attorney. Leary was at
last arraigned and pleaded not guilty
when the case finally called FOR trial
Leary threw up both hands. as / told them ne
would withdrew his plea Of not guilty, ana
pleaded guilty on ali the indictments Judge
Cowing who was then sitting In Part III, ac-
cepted the plea ana renamed neary 10 S sne
Tombs to await sentence. had after many dis-
couragements landed my man In JAIL but ms
Tammany sympathizers did not relax their
efforts In his behalf. Offers to settle the case
were made, but my company refused &c accept
them
"Leary was brought before Judge Cowing Mon
day for sentence. and after telling the prisoner
that he had received number Of affidavis as
TO his previous good character. and that num-
Der of persons had been urging a light sentence.
the Judge gave Leary one year In the peniten-
tiery That certainly light enough to salts
fy the wishes Of Leary's friends But for the
Tammany influences exer;ed for Leary he would
have gone 10 Sing Sing for a term in some de-
tree corresponding to the crime