The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1900-11-06

dicted by the Grand Jury mmd HOLDING 8
Conference With Mayor Van wyck-
latter Warmed by Governor Roosevelt
That He Would be Held Responsible.
New York, Nov. 5.-Events followed
each other in rapid succession this at
ternoon and evening in the controversy
which has been going on for the past
challenged to swear in their votes.
First of all Chief of Police William S.
grand jury on a charge of interfering
with State Superintendent of Elections
John McCullagh in the performance Of
his duties. Later Governor Roosevelt
"took hand" in the controversy send
ing a message to Mayor Van Wyok no.
| tifying him that if he had not taken
steps to secure q recall of the Devery
order of last Sunday night in which, it
is claimed. the chief of police ordered
his subordinates to disregard the state
superintendent of elections and his SUBJ
OIultItlES thai ne NOulC nc llSl1i ieSlOIl-
sible as the head Of the city government
for the action of the chief of police pro-
vided it should result in any breach of
the peach. After conference between
the mayor and Chief of Police Devery
the chief sent out a letter resembling
his former order.
This apparently closes the controver-
sy that has been going on between Mr..
McCullagh and the police for some time
and IS the direct result of an order is
sued by Chief Devery Sunday night
which contained the following inf1am-
matory words:
Tactics and methods of intimidation
perpetrated on respectable citizens who
have been one year in the state, four
months in any of the four counties of
New York city, who have resided thirty
days in an election district, and who
are legal voters, by John McCullagh,
superintendent of elections, will not be
tolerated or permitted by the police de-
partment."
Chief Devery furnished bail to the
amount of $1,000 during the afternoon
and the question will probably come up
for a hearing the day after election.
Assistant District Attorney O'Reilly
speaking for District Attorney Gardi-
ner said that the Indictment was alb
surd, that it could not possibly hold;
that inasmuch as 1t did not charge the
commission of an overt act there could
not possibly be any interference Colo
mel Gardiner himself discussed the in
dictment saying: MY name to that in
dictment is a forgery. 1t was placed
there without my knowledge or consent
or authority. / was not in my office
when the evidence was presented before
the grand jury and / understand that
the scheme was worked without any of
my assistants being present"
Governor Roosevelt's message to May
or Van WycS. which resulted in Chief
Devery withdrawing his order was as
follows;
Sir: My attention has been called
to the official order issued by Chief of
Police Devery, in which he directs his
subordinates to disregard the chief of
the state election bureau, John McCul-
lagh, and his deputies.
UNLESS you have already taken steps
to secure the recall of this order it is
necessary for me to point out that I
shall be obliged to hold you respnsi-
BILE, as the head of the city govern
ment, for the action of the chief of po-
lice if 1t should result in any breach of
the peace and intimidation or any
crime whatever against the election
laws. The state and city authorities
should work together.
II Will not fail to call to summary
account either state or city authorities
in the event of either being guilty of
or connivance at fraud or
failure to protect every legal voter in
his rights.
a. therefore, hereby notify you that
in the event of any wrong doing fol-
lowing upon the failure Immediately to
recall Chief Devery's order, or upon any
action or inaction on the part of Chief
Devery, / must necessarily call you to
account. Yours, etc,
Theodore Roosevelt.
"Oyster Bay, l.. l., Nov. 5, 190O.''