New-York tribune., 1900-03-21
nFVERY MUST EXPLAIN.
poi ICE BOARD STIMULATES a ZEAL FOR
DUTY.
MANAGERS OF THE TIvoLI AND ARCADIA
GO FREE FOR LACK OF WIT
NEssEs AGAINST THEM.

he Police Commissioners may have found an
.,sa cor deposing Chief Devery. or they may be
.l-.ne srst one more bluff at doing their duty by
,-aering q shake-up among the captains. or what
4, more likely they may be preparing a sharp stick
s- ne District Attorney IN revenge for his
,-t,r in forcing them close some dens OF vice.
.,-rsv AZ 4 meeting of their Board yesterday,
.---esd az calling Devery IN and having II with
- hv word OF mouth. the following formal
,,,rication was adopted as a resolution and was
.,--varded 10 Deverv, IN the same building, with
cue ceremony
S,-- A. a meeting Of the Police Board held this
raw TIE following proceedings were had:
4 statement appearing in the afternoon edition
o. ,t@-tas Court this morning discharged Charles
= A~l-ou and George 7. Smith for the alleged
reason Of a lack OF evidence not policeman be-
ing n sa chez of Police be and is directed TO
- a- immediate investigation be made 10
re rrIIIhfulness Of such statements and report
- result OF such investigation TO the Board to-
morrow
r Deverv reports the truth he will have to tell
-. commissioners that Magistrate Cornell. in she
Te4e-son Market Court. did discharge Ackron and
s-,irb managers Of the notorious Tivoli and Ar
,a5is because no one appeared 10 testify against
-he- When they first arraigned the de-
-e--i,es were unable 10 swear that the women who
e-eguented their places were of disreputable char
--er and me Magistrate woul5 probably have
5ae, compelled 10 discharge them had not As
sisrant District Attorney promised that his office
-rorId produce sufficient testimony 10 convict If
7be cases were postponed until yesterday. This he
fsiIed 10 DO and Devery may put the blame on
rim
The arrests Of Akron and Smith made Dy
rbe polce of the West Thrt.eth-sr. station in the
-ai5 on alleged dives in the Tenderloin Tues
cav night of last week. In discharging the two
rnen yesterday Magistrate Cornell said:
he!d these TWO men for further examination on
the charge Of maintaining GisOrderfy houses. 1
nave since had tull opportunity 70 consider the
minutes and also the law. Ny private opinions
make difference OF course, nor does il matter
what Furn0rs afiOar concerning the conditions
Of these places. the Tivoli and the Area dia. Il is
.or ne Judge decide the cases solely the
evidence produced before him. I have had the
opportunity 70 read me testimony given in these
cases Some OF il was produced by policemen in
-.ons r7-s-iug IN the various places OF amusement
IN their precinct. The result Of their testimony is
Ire police have seen prostitutes in those
places one young policeman. Marvin is his name.
prostitute when ne sees her. came here and testi-
ned under oath that he had visited both Of these
rlen- Il that IS the case. = is Impossible IOr any
jury 20 convict tle defendants. and improper for
any Magistrate 70 hold them discharge both
them on rtle ground that no sufficient evidence
against them has been produced before me.
wien thes cases rsr came Up Tor hearing and thew
were supposed 70 be interested IN them To-day
here only the defendants and their counsel.
an surprtsed not 70 find 2 single policeman pres
rn- ] do not want 70 have Il get out 70 th6
punAe. as L usually the case mat policeman
car GO nothing because the Magistrates are I'M
wiling 10 commit I perfectly willing 10 bear
ny proper share OF responsibility. bur
than that.
said T wish Your Honor would ler the stenog-
rapher make note or the fact that the District
Attorneys ONCE Is also represented here"
The Magistrate answered: With pleasure: and
7 also add thar Assistant District Attorney
O'Itellly The other day appeared TO be much
surprised as was al the Testimony gwen here by
the policemen