New-York tribune., 1899-07-15
RAID ON CITY TREASURY
Ex-ALDERMAN MQUADF CLAIMS s2so7,
UNDER THE AHEARN LAW.

- ".
THE CORPORATION COUNSEL GETS AN ApJorpx-
MEST TILL MONDAY IN THE DEvERY CASE
DOZEN OTHER CLAIMS FrLEb
Among the claims filed under the new Ahearn
law yesterday was one by Arthur J. McQuade. IN.
former Doodle Alderman, for s2s,zl 50. McQusds
was one Of the Aldermen OF 1884 who were tried and
convicted In this city for bribery In connection with
the Broadway Railroad franchise grant He served
two years IN Sins Sing prison before he got a new
trial and a change OF venue to BaIIston Spa yhers
he was tried again and acquitted That he should
Join IN the raid on the city treasury a public
oficizl who had successfully defended himself
against charges shows what unexpected effects
the Ahearn law will have u II Is not declared un-
constitutional Here some of the items in Nc.
Ouade's claim as filed: Counsel fees-Benjamin r.
Tracy. 1850: r. 8 Newcombe, S5si So r. r. Grady.
ssio and John Foley. 1880 Mr. McQusde also
ask7 so a day for 275 days spent In preparing for
trial and 81 30 for the expenses OF his private
bookkeeper visiting him in prison. and another
s. 00o for the expenses OF the trial at Baston Spa
A dozen other claims under the new law we're
filed yesterday the largest being for 1850 by
policeman who had been dismissed rom the force
and reinstated
on behalf Of Chief OF Police Devery application
was made 10 Justice Bischor in the Supreme Cour,
yesterday for an order for the Corporation Counsel
to show cause why a referee should not be ap-
pointed by the Supreme Court TO inquire into the
circumstances and reasonabeness Of Deyerys
claim, which amounts TO Sl5.i7o OF. Assistant Cor
poration Counsel Theodore ConnoTy. who appeared
for the city, asked for adjournment until Mon.
day next, when the motion In the case Of Captain
Stephenson attacking the constutionality Of the
new law will be argued. He said he looked on the
Devery case a good test case. and II would be
an advantage to argue both cases together.
Abram l. Elkus. on behalf Of Chief Devery asked
that the referee be al once appointed. He said he
could have had the referee appointed In Special
Term Part VI OF the Court. on parte spplica-
ton and without any notice TO the Corporation
Counsel.
I'VE did not wish to do So" Mr. Elkus said be.
cause desired the counsel for the city 10 be in
full possession Of every step We were about 70 take
for our demand IS so fair and reasonable that II
can hardly be contested. II this is 10 be made
test case, It can be tested just well by allowing
the referee to be appointed and 7 will guarantee
that we take no proceedings whatever before him
until the Corporation Counsel has appealed from
your order and obtained a decision on the question"
Mr.. Connoly objected TO any such order, and
again asked for adjournment until Monday.
Justice Bischoff said he would grant the Corpora
tion Counsel's application.
Chief Devery in his petition for he order TO show
cause stated that he appoin Ted on the police
force on July 49, 1878; made roundsman on Septem-
Der l6 1881 sergeant May q. 1884, and captain on
December 80 1891. He was dismissed from the
police force August g. 1894 on charges preferred
against him. but reinstated after a trial on
June T. 1885, under order of the Court Of Com
mon Pleas He was promoted to be an inspector
on January T. 1885, on February IA Of the same year
he was made Deputy Chief and on June 30 follow
ing was made Chief of the force
He set forth that on August g. 1884. charges were
served on him Of neglect of duty, and the Police
Board after a hearing. d"missed him on August
81 1884, Being advised that the proceedings were
Illegal and that he was improperly removed, he
obtained writ Of certiorari I'm the Court Of COM
mon Pleas and the General Term OF that court
decided IN his favor and directed MS reinstate-
ment The order for his reinstatement was Ell
tered on une T. 1895. In these proceedings ne en-
ployed as counsel Colonel E. c. James and Abram
T. Elkus. and paid them N7S5 70 for their services
in the two proceedings. that before the Police
BOARD and that before the Court OF Common Pleas.
Chief Devery averred that. on NovenHsr "a 1885,
the Grand Jury found four indictments against
him when he captain OF the Eleventh fre-
cinct for refusing and negecting TO suppress Tour
disordery houses in EIdridge. Chryste and For
svfh SIS to which he interposed a demurrer, which
was overriiled by Justice Cowng, in the court OF
General Sessions and the indictments weSe Vsns-
ferred to the Court of Oyer and Terminer ne was
tried before Justice o Brien and jury anu was
acquitted He first engaged In these poSee'i"s'
az his attorney Charles Strauss to whom pc paia
s2oo and subsequently Colonel James ana Mt ELkus'
70 whom he paid $500. He also paid Robert BON
-, ,ha cour, stenographer ss30; James Parker
detective 1856 l3. and for otner necessary eNp."'
SaS. 80 ,oo. - ..d again indicted
- charge OF accepting bribes from trahcis W
seaerist r builder and was tried Oeore Sss aSan
tice Frederick Smyth and jury jy ahu lanes sas and
a. Eikus and he paid them $500 for detenalns
him and sl56 40 for the court stenogrsphe' N''"
utes. :, .,- ... ,,h,oh a1Sre1sted
s,s a75 M were reasonable payments lot the setsss
sioisSrnd and stated that his application was mace
rnasr The law commonly known as the Ahearn ia"i
nrovding that all officers who had oeen risu oo az,
eorittaS on charges should be entitled 70 recover
shse amount OF their expenses in defending tnem
selves after the fair value of the services
hv ther counsel and the other items OF expehol,urs
necessary for the defence had been Determines W
q referee upon evidence supplied him