The age-herald., 1900-11-06
CHIEF OF POLICE
 DEYERY INDICTED
Head of New York Department
 Charged With Interference
HE GIVES OUT A STATEMENT I
Says That He Swore to Protect the Rights of the People and Will DoIt-Clash of Author
 lty the Cause

New York, November 5-Chief of Police Devery was today indicted by the grand jury for alleged interference with State Superintendent of Election John McCullagh in the performance of his duties. The in dictment was returned shortly after noon and at little past o'clock the informa- tion was conveyed to Chief Devery by State Senator Timothy Sullivan, who was ac- companied by Michael F. Lyons, an elector on the Democratic ticket, who had agreed to furnish bail in any amount named for Chief Deyery. When the Chief was ir- formed of his indictment he went at once to the Court of General Sessions to secure bail.
 Chief Devery was released on 5000 bail
 Assistant District Attorney O'Reilly, speaking for District Attorney Gardiner, 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 interference. The indictment will not hold water"
 The indictment against Devery charges felony. It charges, in part:
 That he peyery) did attempt, wilfully, knowingly and with felonous intent to hinder said John McCullagk in the per- formance of his duties as State Superin- tendent of Elections '
 Chief Devery's bail was fixed at 5000, which was furnished by MT. Lyons.
 Chief Deverey, after giving bail, made the following statement:
 When l was sworn in as chief of police of New York City, 1 swore that l would do my duty and protect the people of this city. l propose to do my duty toward the whole people here. l do not propose to be bulldozed. l am going to see that the peo- ples rights are protected and that every one entitled to vote will be allowed to vote. l am going to see that the policemen in my charge are not bulldozed even by John McCullagh.'
 MT. McCullagh refused to talk concerning the indictment. He said, however, that he was witness before the grand jury to- day.
 It developed today that the differences between Chief of Police Devery and State Superintendent of Elections McCullagh are due to a dispute as to the right of chal- lenged man to swear in his vote if the state deputy wishes to arrest him. Chief Dew cry claims that neither the state deputy nor a city policeman has a right to make an arrest after the vote has been cast. Nc. Cullagh holds that it is the purpose of the law to prevent the casting of an illegal ballot and that the arrest should be made even without warrant before the challeng- ed man votes. Chief Deverey stated to- day that he would assist Superintendent McCullagh in any way to send a man to prison who may be arrested after voting Chief Deverey also said: 'I am going to see that the right of every voter is pro- tected of I can do it. l don't anticipate any trouble of any sort During the last two years we have had considerable trou- ble, but will not have any this year"
 Chief Devery said later that he would issue instructions to the policemen on duty at polling places to take the advice of the board of inspectors in the matter of ar resting voters for whom there were war rants. If the board thought a man should be allowed to vote the policeman should permit him to do so and then ar rest him. The board decided that the vote should not be cast, the policeman should make the arrest before the casting of the ballot.