New-York tribune., 1901-01-15
DEVERY ON THE STAND
HE MAKES A BAD WITNESS FOR HER
LIHY.
THE REV MR. HEYHoE TELL OF THE
OPENNESS OF VICE.

Chief Devery forfeited his reputation for
standing by his friends through thick and thin
by going upon the witness stand yesterday and
giving evidence which must bear heavily against
Captain Herlihy.rwho is now on trial for neglect
OF duty and other offences. Devery put off the
evil day as long possible and was at first In
clned to defy the Board and refuse to testify
at ALL but the advice of his LAWYERS who
told him that such course would be likely to
result in his removal from office or his retire
ment without pension, he put his own inter-
ests before those OF his friend and decided to
sacrifice Herlihy- He made clumsy effort to
be sure, to soften the blow by protesting that
even if Herlihy had applied to him for a.
''Chef's warrant ii would not have been is
sued; but that avails nothing in the face of
Devery's direct admission that Herlihy never
cleared himself OF the burden of responsibility
by asking for
Devery entered the courtroom a few minutes
before the trial began. AS he sat waiting he
looked much flushed and stroked his mustache
nervously. though laboring under suppressed
excitement.
How long have you been Chief of Police?"
asked Mr. Olcott.
Two years and seven months"
Captain Herlihy in command of the
Twelfth Precinct between September % 1899
and November Is. 1900. was he not?'
81 believe So"
And did he ever during that time report to
you that he had good grounds for believing any
house. room or premises within his precinct was
occupied for lewd or obscene purposes amuse
rnent and ask you TO authorize in writing the
members of the force to enter the same and to
arrest all persons there found offending against
the law?'
During my twenty-five years experience as
r. police officer" began the Chief.
mind said Mr.. York. This
question calls for yes or no. Did he or did he
pot?"
'I never heard Of any captain making such a
request" answered the Chief.
And therefore Captain Herlihy didr't," sug-
gested Mr.. Olcott-
'NSo and If he did 1 wouldn't grant the re
quest"
'In your whole experience have you ever
known of warrant Of that kind to be applied
sor?' asked Mr.. Grant, Herlihys counsel.
II never did. i don't think II is matter OF
record of this Department"
do you know whether such a report or such
q warrant was ever made applied for to any
Deputy Chief OF the Department."
81 am positive that there has been no request
of that kind TO any subordinate officer since L
have been Chief of Police"
While the Chief was being questioned he
seemed TO grow more and more uneasy. and ne
several times hestated before giving his reply.
He held a silk handkerchief in one hand, with
which he frequently mopped his brow. Captain
SUPERIOR and il was clear he realized the grave
portent of the Chiefs testimony.
Devery was followed the stand by MISS
Ruth Price a missionary Of the Rescue Army or
which Orrin B. Booth is president MI Booth
has already testified in this case. The witness
on direct examination gave some testimony that
was definite and damaging as to the character
of a number Of houses in the red nght dls-
frict during the time that Captain Herlihy was
sn command She became familiar with what
went on inside those houses when visiting the
wretched women inmates and trying to reclaim
them from their lives of vice. Miss Price was
cross-examined at length by Mr.. Grant. but
passed through the ordeal without her testimony
being shaken.
The next witness was the Rev. Albert Heyhoe'
who sHore that Captain Herlihy called upon
him last October and took him to task about
an interview that had appeared as coming from
him in an evening paper shortly be1ore. nc
said he had at this time complained TO Captain
Ferlihy about a house in Chrystie-st-, near the
Camp Memorial Chapel, OF which he is the pas.
TOR Captain Herlihy said he would see 10 ]!
that the house was closed The witness saio
that the open soliciting had stopped. put shae so
the house was stfll disorderly and remained SO
until CAPTAIN Herlihy was deposed from the
command of the precinct.
Mr. Heyhoe the last witness A paech oI
complaints of citizens about disorderly houses
and the reports which Captain Herlihy maze on
these complaints was then offered IN eSioehSe
by Mr Olcott. The trial was ao1ourneo uieii
to-roorroyy at ] D. m Mr.. Olcott at that ses-
sion win close the for the prosecution MT
Grant saws the defence will probably occupy one
week Mr. Olcott expressed himself as conhoent
that the case against Herlihy would hold before
the Supreme Court