New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-03-14
CAPTAIN DOHERTYS CASE.

THE COURT OF APPEALS DECISION DISCONCEhIs
THE DISTRICT ATTORNEYS OFFICE
Tho decision OF the Court of Appeals sustaining the
decision OF the Police Commissioners In dism'ssihs
Captain Michael Doherty, OF the Fourteenth rfe
cinct from the police force appears 10 nave t"io"n
the District-Attorney's office into STATE oi oou
and tribuaton. The announcement yesterday .ha.
the Appellate Division Of the Supreme court hau
sustained the conviction of Inspector William w.
McI.aughlin gave an added interest 10 the question
Of notice cases growing out OF the Lexow Committee
investigation. A.
The decision of he Court Of Appeals IN the
Doherty case has been a subject OF special com
ment in view Of the fact that the justice OF oissS
Of Doherty from the police force by the romeo Yin,
mlssioners Is sustained. while upon essen''anS INV
same evidence District-Attorney Fellows recon-.
mended the quashing Of the indictments against
Doherty. and upon his recommendation those III
dictments were accordingly dismissed
Colonel John r. Fellows Is sojourning al Ho'
Springs. Ark. This is one Of his periodicai Vaca-
tons In Colonel Fel,owss absence the Acting DIS
trict-A Attorney is Vernon NJ Davis Regarding me
Doherty case Mr.. Davis said yesterday:
have not yet received the opinion OF the Court
Of Appeals and therefore am not IN post oU viii
recall that Captain Doherty was indicted upon the
testimony OF Mrs. Augusta Thurow her tesumo ny
dcted at the same time with Captain Doherty stood
practically alone. Since she was pei pei son rro ~
character
ing testimony in the Doherty case take II tnas
there must have been corroborative testimony anu
documents and proof which must nave gwen
touch OF truth to the Thurow testimony oeiore sne
Commissioners AS 10 the dismissal OF the cases
agaIns; the wardmen and sergeants indicted upon
the testimony OF the woman Thurow. all can say
Is that each stands upon its own merits anu
that the indictments OF the wardmen ana serseahts
were probably quashed because OF lack OF cor
roboratng testimony against them
Mr. Perkins. who had been employed as special
assistant to aid Daniel G.. Rollins and Austen o.
Fox special prosecutors OF Captain Doherty en-
gagged by the District Attorney. said The Court OF
Appeals holds that the evidence against Capta l N
Ioherty Is sufficient convict. The Police board
believed the testimony Of Mrs. Thurow and dis
missed Captain Doherty in consequence The jury
in the case OF his trial. did not believe that testi-
mony and stood nine to three for acquttaL Inc
Court OF Appeals could not 60 behind the facts IN
the case unless there might be an insuffciency or
evidence Hence the Police Board has been sus-
tanned" NJ,
II IL generally agreed that the evidence OF Mrs
Thurow was the chief reliance OF the Police Board
in voting to dismiss Captain DOherty from the police
force Upon essentially the same testimony Hook
and Meehan the wardmen. and Sergeants Liebers.
Parkinson and Jordan. and Doherty himself. were
indicted Yet these indictments, after hanging over
their heads nearly two years. were dismissed upon
the Recommendation Of pistrict-Attorney Fellows