New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-11-23
ITO SUBPOENA THE BISHOP.
~I WOULD LIKE TO SEE THEM TRY IT."
SAYS DIR. POTTER.

PRELATE DEFIANT WHEN HE HEARS OF
YoRKs PLAN-DEvERTs FUTURE DE-
PENDs on WORD FROM CROKER
Bishop Potter's refusal 10 aid the Police Board
IN the prosecution of the charges against Inspec-
tor Cross and Captain Herlihy has left President
fork In somewhat of a uuandary. He is anx-
fous to put Cross and Herlihy on trial, but with
out the evidence which Bishop Potter has at his
command he recognizes that there may he some
offneuity in proving at least one of the accusa-
lions which are to be brought against the two
men. Bishop Potter has in his possession EVIL
denee which will prove that Cross and Herlihy
were guilty OF the charges upon which the
Bishops letter to Mayor Van Wyck was based
Mr.. York has asked for that evidence. but the
Bishop declining to be drawn into the situation
of posing a police reformer. has Informed the
president of the Police Board that his business
has wholly to do with the Mayor and not with
Intermediates
President York. however is going ahead with
the prosecution of Cross and Herllhy. The mo-
tfves for the energy which he is displaying in
this direction are vartously explained. The ex-
PLANTATION most generally accepted is that he is
bent upon striking at Devery through Cross and
Herlhy. Devery stands sponsor for these two
officers and If their downfall is accomplished 1T
is believed that the Chief also will follow them
into retirement. For time the relations
between Mr. York and Chief Devery have been
strained 1t is understood in fact. that mat
ters have come 70 the point where either the one
or the other mus GO The Department Will no
longer hold the two. This is the explanation
which is given fer the determination which Mr-
York evinces 20 push the charges against Cross
and HerIihy.
BISHOP WOULD IGNORE SUBPOENA.
II was learned yesterday that It the inten-
ton Of MIR. York to subpoena Bishop Potter to
give testimony at the trial. As the Police Board
interprets the charter. that body has the power
10 subpoena witnesses. and also of committal
FOR contempt Therefore should Bishop Potter
continue in his refusal TO present his affidavits
to the Commissioners. the intention, 1t was as
certaned on good authority, is to subpoena him
as q witness
Bishop Potter did not hesitate TO express him
self 10 the course he would follow in this
event. When it explained to him that the
Police Board purposed to compel him to attend
the trial Of Cross and Herlihy by the service Of
subpoena, he remarked smilingly:
Il would like to see them try IT on
''You would not respond. then. to a subpoena
Of the Police Board" 1t was suggested to Bishop
Potter
in his tone.
Until the steamship Lucania reaches Queens
town tomorrow there likely be de-
velopments in the many complications that
have arisen among the city officials since they
ostensibly gave their sympathy to the move
ment TO suppress vice. Mr. Croker is on the
Lucania and when he touches the Irish port
he viii find awaiting him many cable inquiries.
TTpon his reply TO them much will depend Upon
4hA ha will Cond will
not the Mayor will ask for the affidavits which
the Bishop has offered to him; whether not
the trial of Cross and HerlihY is to be per-
functory one or sincere Investigation, and
whether not Devery is be sustained in
the insolently defiant position he has taken tow
ard Mr.. York. 1903 -'
MUCH DEPENDS ON CROKERs ORDERS
AS matters stand, uron the word Of Mr.. Gro
ker rests the alternative of a comparatively
clean city one which shall continue TO foster
vice and disorder One instance alone will serve
TO describe the situation. Mr. York is DESTROYS
of retaining Edward NJ. Shepard as we'll as ex-
Judge W. NJ. K. Ocott as special counsel to con-
duct the cases against Cross and Herlihy. The
Police Board. by resolution, empowered him to
employ special counsel but 1t is provided by
the charter that he can only engage these
eel through the Corporation CounseTs Office.
Yesterday Mr.. York had a long conference with
Mr- Whalen. While neither of them would say
just what was the nature of the consultation. II
was well understood that it had to do with the
retaining of counsel When Mr. York returned
/ 10 Headquarters from Mr. WhaIen's office he
SAID to the reporters:
Il hope TO be able to give you the names of
the special counsel in fifteen minutes | am
waiting for a communication"
The fifteen minutes went by, and three hours
went by. and at o'clock, when Mr. York left
his office. he was still without the "communica-
ton"
MI York succeeded in getting a quorum Of
the Police Board together yesterday afternoon
ne session lasted about two hours. and at its
close the Commissioners would saw only that
they had been transacting routine business
CELEBRATION AT PRO-CATHEDRAr
The Rev DR.. Charles Fl Parkhurst will mot
address the meeting to be held in Cooper Union
on December II under the auspices of the Cit,.
vigilance League. 1t is understood that he tool,
this step on account of his congregation Who
So as lhe reason for the request that his own
church work already a sufficient +asL e.
his overtaXed strength ~ 'Oi