New-York tribune., 1901-11-12
JEROME MAY TRY DEVERY.
JUSTICE O'GORMAN DECIDES AGAINST
THE BIG CHIEF" WHO is
AWAY SICK"

Justice O'Gorman. in the Supreme Court yes
terday denied the application Of Deputy Ponce
Commissioner Devery for writ to restrain
Justice Jerome, of the Court of Special Sessions
from hearing charges against Devery the
charges were made by Edward O'Neill, the Po-
licenan who dismissed from the force ror
defying Devery to his face and declaring tnat
he would not submit to a "shakedown. DeVets
charged with oppression. He was arrested
several weeks ago and held In bail for the near
ing before Jerome, but the day the nearing
was to take place Devery's counsel ootaliieo
temporary writ, which Justice O'Gorman as
missed yesterday.
The application for the writ declared that
Jerome moved by partisan political motives
a candidate for public office, and that De'-
ery's judicial acts could not be reviewed by
judge of inferior court
This latter contention says Justice y Gor-
man, cannot prevail. because the rule must De
deemed we'll settled that in the absence OF eA-
press statutory provisions. bias or prejudice or
unworthy motives the part of judge, un-
connected with interest in the controversy
will not be cause for disqualification. Whlie II
might be indecorous and offensive to 3uolciai
propriety for judicial officer to act where there
such impediments to impartial action, yet
statutes make provision for dsquaiifyins
a judge for these causes"
Justice O'Gorman says the contention that
Devery's acts complained of We're committed In
the performance of his judicial duty seems to
be we'll founded but says that the exemption
Of judicial officers from personal responsibility
for their decisions is confined to civil liability.
"and does not embrace protection from criminal
prosecution where sufficient exists to sub
ject the official the imputation of criminal
conduct At the erd of his decision Justice
O'Gorman says:
The complaint contains other alleged Vioia-
reprimand by the reator on the accused policeman
for arresting mar on the charge OF sa0gan ot tn
eRdocSe the spnday nd law az ana ds maj nfx ne @
matters need not be passed upon at this time ana ana
refrain from notice tho OF 5h in my
opinion. has jurisdiction to entertain the compliant
and the application Of the relator IS therefore ue
MED
Police Commissioner Murphy, on being toIo OIL
Justice O'Gorman's decision, said:
IF that's true it looks If the Deputy COM
missioner would have to go trial.
It is expected that Devery will have an ex-
animation before Justice Jerome soon and be
held for trial the charges which = oNeih
made. It is believed that Devery can oe pun
ished under a section OF the code which declares
that any public officer who. under color OF
official authority, does any act whereby another
person injured in his person. property or
rights, commits oppression.
1t was reported at Police Headquarters yester-
day that Devery was sick. Commissioner
Murphy confirmed the report. He would NOT
tell what was the nature of Deverys Illness, or
say how long Devery was expected to be away
He gave the impression that Devery was not
seriously Ill In body, however sore" he might be
feeling over the result of the election. 1t was
said that Devery had not been at Police Head
quarters since Tuesday night. when after learn
ing that Seth Low had been elected Mayor, re
leaving his office in company with
some Tammany politicians
Friends OF DeVery at Police Headquarters said
vest terdaV that he really feeling bad at the
prospect OF being put out OF the Police Depart
rnent- They said. too, that he feared his loss OF
power and the defeat OF Tammany would make
his conviction on criminal charges possible
With Justice Jerome In the District Attorneys
Office, II said. he might be forced TO leave
the country to keep of prison. Anyhow. his
friends said, so many Tammany men were say
Ing that DeVery had done so much to make the
organization unpopular, and thus insure its de-
feat at the polls that he could not count on
further support from Tammany officials, even
while they remained in power
Several Tammany politicians went to Police
Headquarters yesterday 10 ask for the transfers
Of policemen. Falling TO find Devery. they went
to Law their applications before Commissioner
Murphy. The Commissioner sent them away,
declaring that transfers could only be made for
good reasons.
Il told them" Commissioner Murphy said.
that there will be no transfers unless they are
absolutely necessary. They went away without
getting the ransfers they asked for
Percval Z. Nagle and Thomas F. McAvoy
were said be of the Tammany district
leaders who tried 70 get transfers of policemen
and failed.