The sun. [volume] (New York [N.Y.]) 1833-1916, 1901-10-01
ERNINE TO PROTECT DEVERY?
NO, SAYS CARLISLE, ARGUING IN
THE ONEILL CASE.
Yes, sau Unsermyer. Devery II . Judge
and Can't Ne Arrested FOR Opprcssing
Policemen ~ Trials u % Police
men Await the Courts Decision.

men Await the Courtt Decision.
Whether or not Devery IL a Judge. i'm
mune from arrest for Expressing police
mon at police trials. and whether or not
Justice Jerome l. - biased as 10 Ia pro-
hibited by Supreme Court writ from eS-
aiming Devery on the charge OF oppre---
ing Policeman Oneill was argued at great
l~nrth Yesterday before Justice OtGorman
OF the Supreme Court. who reserved his
decision on the motion To make the writ
OF prohibition absolute. Said samuel Inter
myer for Devery:
.wbenevcr a sr~ctscular job In TO Be-
done Justice jerome selects himself for
that purpose. In his attacks on tho police
he has been unremitting and lie has acted
In q most undiGnihed manner. He has
sone into the home Of people with a jimmy
and a pistol. has broken open doors and
examined witnesses upon subprnas issued
by himself without tho slightest warrant
Of law. His ac,s tend TO disgrace the law
and bring Justice into contempt. and he
n a candidate for public onice at the hands
OF the people. We say that this last attempt
Of Mr.. jerome 20 sit upon Devery caps
tbs Gilman.
Mr.. Untermycr said they .sneered at
lteNtrN = TIlkIfns buA hhfN 'VhhA NV -
poet TO have a policeman speaking the
English OF a college graduate and wearing
Kid glovee.
Es-secretary John q. Carlisle, IN tho
other side. said that u was not necessary
TO know grammar in order 20 use indecent
and violent language. He would ignore
the accusation OF bias against Justice Je-
rome. The whole case turned on the point
whether Justice Jerome had jurisdiction.
OF which there could he no doubt
-. v.N tuNaEVnzRl that Ila-
tice Jerome could not hear Devery's case
because Devery vas acting as a Judge.
Mr.. CsrliHle replied
IL DO not care whether he II a judicial
onlcer or not. dont care whether. when
Devpry told this mar Oneill he ought To
have been thrown out OF the window no
va exercising a judicial function or
whether he was merely giving expression
to his dislike Of this policeman. ThPi Ii
not the QUESTION here.
liable 10 arrest whether he was a Judicial
officer OF not. Although " would not
matter II he was a Judicial officer, Devery
could not come under that term He u
an executive officer Of the Police Depart =
snent and his powers are disciplinary and
not judicial, Justice jerome cannot try
the case. He can only discharge Devery
or hold him for tho Grand Jury. The
Grand Jury might not idiot Devery after
jerome had held him, and II Jerome dis.
charged him the Grand Jury might still
Assistant Dis,tc, Attorney Cans said
A was hoped that In the Devery case tue
100 policemen In the city would ascertain
AZ thew must continue To be insulted by n
man like Devery The District Attorney
wanted To stop the practice OF having
policemen called such names AZ buns -.
lawyer Elklr argued from several
casee, and the Court rer-rved decision.
Justice jerome postponed the exsmina
ton Of Deyery for another daV.
LEsSo CASE GoEs ovKR A wkEK.
The rnouon OF LAWYER James W. Hdg-
way for the dismissal OF the indictment
against Wardman Edward q. Glennon Of
the Tenderloln ON charges OF neglect OF
duty WIS adjourned a week yesterday
by Judge Foster la General Sessions. When
Mr.. Ridgway gave notice Of his pending
motion be said 1t va on grounds OF in
sufficient and Illegal evidence before the
q and Jury. The notice OF motion was
served before Mr.. Ridgwsy had obtained
permission 10 inspect the Grand Jury's
minutes MIR. Hdgway said yesterday
that ne had not vet received the minutes
Assistant District Attorney Garvan asked
70 have the motion dismissed and said that
Mr.. Ridgw ay was In contempt Of court
In making a frivolous motion Then he
hadn't seen the minutes Mr., hdgway
answered hotly that the District Attorney
was In contempt iimselt In not having
furnished the minutes a. directed by Judge
Foster. .
III the District Attorney were punished
for contempt Of court a. often N he IL In
contempt he would spend half hs time in
JAIL aid he.
Judge Foster broke In with the permis-
sion To Rdgway 10 take q week longer TO
examine the minutes.