Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1900-11-06

That he fDevery) did attemnt will
fully, knowingly and with felonio,,g in
tent. to hinder said John McCu,lagh
III the performance Of his duty as the
state superintendent of elections The
pan OF eIo"o was furnished by Mr.
Lyons The indictment was found un-
der section q chapter GIG Of the Metro
polltah electlon laws, that went into
effect. July l6, 1898. The maximum
penalty, under. conviction, is three
years in state prison and removal from
office.
Assistant District Attorney O'RejlIy.
speaking for District Attorney Gardi-
ner, gave out the following statement:
The indictment does not charge an
overt act and without the commission
of an overt act there could be no inter
ference. The indictment will not hold
water
( Chief Devery made the following
statement after giving bail: When l
was sworn in as chief of police Of New
York City | swore that would do my
duty and protect the people Of this city.
| propose to do my duty toward the
whole Of the people here. do not pro-
pose to be bulldozed ! am going to
see that the peoples rights are pro
tscted and that every one entitled to
vote will be allowed to vote. I am go
Ing to see that the policemen in my
charge are not bulldozed, even by John
McCullagh."
Mr.. McCuliagh refused to talk con-
corning the Indictment He said. how
ever, that ne was a witness before the
grand jury today. Supt. McCullagh
was later told Of the orders issued by
Chief Devery, today. and disputed the
point made by Devery to refer to the
board OF election inspectors the decis-
ion whether or not a man should be
arrested al once or allowed to vote
He said: Il viii call on the police 10
. arrest at once" He said that he had
rot been advised by the attorney gen
erals Office as TO the action in the
matter. but said: Il take the stand
that u man who IS going 20 vote ille-
gally has no right to vote at all"
Deputy State Attorney General Job
f! f. Hedges was asked as 10 the stand
OF his Office in the matter. He said that
he agreed with Mlcullagh ana that
His office held that Il man who has no
legal right % vote should De arrested
( BtfOFe casting ms Vote.
Richard Croker. leader or Tammany
Han. when told of Deve-y'5 Indictment.
said: That is the most encouraging
Bryan news OF this campaign. II shows
how frightened the Republicans are
and to what desperate ends they VIII
60. If they think this will intimidate
voters they are Wo|fully mistaken.
That high-toned act will make voters
for Bryan. II Chief Devery violated the
law ne ought to be punished. But am
told he is indicted for unfolding the
law in a statement to the police. This
makes his indictment u political out
rage. In his statement 70 the police
chief Devery asked them To prevent
the intimidation az lawful voters and
in his statement set forth the legal
qualifications for voters. His indict-
lnent for this plainly shows the Re
pubhcars are frightened and ready to
attempt any high-handed measure"
Chief Devery personally notified the
police board of his indictment. The
board took no action. President York
said the law does not require the board
70 suspend any member Of the depart
ncnt under Indictment but leaves
action to the Judgment Of the commits
sioners The board then passed q res
olution calling on the chief for an inn
partial enforcement OF the law, tOm0r-
row, and inStruCtng him to conmuni-
cate with Superintendent of Elections
McCullagh and demand from him de-
tailed information OF the alleged con
certed efforts to provoke violence az the
polls, which Supt. McCullagh in his let
tor TO the board. yesterday, professed
10 have III his possession.
Chief Devery announced at police
headquarters. tonight, that he would
rescind his order of Sunday regarding
the McCullagh men ana voters. Mayor
Van Wyck issued an order to the
chief ID revoke the order.
Supt. McCullagh Of the New York
state bureau Of election, tonight, gave
out detailed statement in which he
announced that he had unearthed a
plan Of Democratic leaders to bring
men from New Jersey to the borough
of Manhattan for colonization purposes
during the present election. He an
nounced the arrest of Peter Friend. a
saloon keeper of Jersey City, and ex-
planning the manner in which it IS
claimed the men We're to be used on
election day. The men We're to vote in
blocks Of 10 and receive s. 70 SO each
for their days work.