The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-11-06
HEBACKSDOWN
CROkER's CHIEF OF POLICE RE-
vOKEs HIS ORDER OF SUNDAY.
Finally Realizes that He Is Not n Die
tator, and Cannot Change the
Laws of New York State.
ROOSEVELT WARNS VAN WICK
AND CROkER'S MAYOR HEEDs THE
GOVERNORS INJUNCTION.
intendent of Elections Has,
Therefore, Been Averted.
INDICTMENT OF MR.. DEVERY
ONE or THE REASONS WHY THE
TAMMANYITE BACKED DOWN.
Chief of Police Is Charged with Fell
Ony, but Is Released on Bail, and
Later Revokes His Order.
Possibility OF N Clash with the SUPER
intendent of Elections Has,
Therefore, Been Averted.
INDICTMENT OF MR.. DEvERY
ONE or THE REASONS WHY THE
TAMMANYITE BACKED DOWN.
Chief of Police Is Charged WITH Fell
ony. but Is Released on Rail. and
Later RevOkes His Order.


each other in rapid succession this after
noon and evening in the controversy which
has been going on for the past few days
regarding the rights of men when chal-
lenged TO swear in their votes. First of all
Chief OF Police William S. Devery was
indicted by the New York grand jury on a
charge of interfering with State Superin-
tendent of Elections John McCullagh in
the performance of his duty. Later Gov
ernor Roosevelt took hand" in the con-
troversy, sending a message TO Mayor van
Wyck notifying him that If he had not
taken steps to secure a recall of the Devery
order of last Sunday in which 1t Is claimed
that the chief of police ordered his subordi-
mates to disregard the State superintendent
of elections and his subordinates that he
would be held responsible as the head Of
the city government for the action of the
chief of police, provided it should result in
any breach of the peace. After confer
ence between the mayor and Chief of Po-
lice Devery, the chief sent out the follow
ing:
Pursuant to directions received by me
from his honor, Mayor Robert a. Van
wyck, and because of the misconstruction
A. you are hereby notified that said order
is revoked; you will instruct the members
of your command that 1T is their duty, un-
der Section of Chapter 676 of the laws of
1895 as amended, to cooperate and assist
i'm the execution and enforcement of the
metropolitan election district law and rem
der aid and assistance to the State super
intendent of elections and his deputies in
the performance of their duties. when
called upon to do So"
This apparently closes the controversy
that has been going on between Mr.. Nc
Cullagh and the police for some time. 1t
was rumored late tonight that Samuel
Untermyer, counsel for Chief Devery.
would bring a motion before Justice Furs-
man. in the Supreme Court, to quash the
indictment found by the grand jury to-
day, but no action of this nature was
taken. Chief Devery however. furnished
bail during the afternoon and the question
will probably come up for hearing the
day after election.
Assistant District Attorney OReilly,
speaking for District Attorney Gardiner,
said that the indictment against Chief
Devery was absurd, that it could not posi-
bly, hold that inasmuch as 1t did not charge
the commission of an overt act there could
not possibly be any interference.
Colonel Gardner, discussing the indict-
ment, called attention to the fact that it
was typewriter, eE-en to his signature.
and that of Attorney General Davies, APP
pended to the document. MY name In that
indictment is forgery" he said. 'It was
placed there without my knowledge, con-
sent or authority"
A minor incident that figures in the con-
troversy was request made by the police
officials for Superintendent of Elections
McCullagh TO turn over to them any in
formation i'm his possession tending TO show
that the election laws were being violated
in sections of the city where he claimed
wrong doing was going on. Mr.. McCulagh,
however, declined to answer the police COM
missioners, but tonight he announced that
he had unearthed big scheme to bring
repeaters into the borough of Manhattan
on election day from Jersey City and that
one of the men, Peter Friend, a saloon
keeper in Jersey City. had been arrested
and was being held at the Jersey City po-
lice headquarters in default of $1,000 bail
In all quarters the opinion is expressed
that the election tomorrow ia New York
city will be quiet one and that no serious
clash will occur between the police and the
State deputies. because of misunderstand-
ings growing out of Chief Devery's order of
last Sunday night in which he declared
that the rights of citizens to vote would
be protected regardless of interference on
the part of superintendent Mccullagh.
Chief Devery just before leaving his Of
flee for the night, said: "To-morrow's cleo
ton will be the fairest ever held in New
York city. 1 will do all that lies in my
power to see that that end Is accom-
nlished"