New-York tribune., 1901-08-23
INDICTED; AGAIN ON DUTY.
GLENNoN. Shells AND DWYER RE-
LIEVED FROM SUSPENSION.
RECORDER GoFF TRIES TO GUARD AGAINST
REPETITION OF THE DIAMOND IN
CIDENT-BAII. FIXED AT 5000.

Edward c. GIennon 'Devery's friend; Ser
peant John H Shells and Patrolman John
Dwyer all OF the Nineteenth Precinct. were In
dicted yesterday afternoon by the grahu
Jury, charged with misdemeanor in wlitui-
lv neglecting 10 perform their duties They
were each held IN $1,000 bail by Recorder Con-
for examination to-day at p m
The Indictment Of these three men OF the Ten
.aerloin, the precinct in which thousands on
thousands Of dollars are extorted from disor-
derby resorts and gambling houses for police pro-
lection cast q gloom over the Police Depart
,nent II these men are convicted, they mey be
sentenced to IMPRISONMENT in the penitentiary
for one year. OF fined $500 or both. in the DIS
cret1on OF the trial court.
Despite the bravado of Deputy Commissioner
Devery who advises policemen who are "caught
with the goods on them" 10 take their medicine
and "show nerve" there is widespread trepida-
4ion In the Police Department on account OF the
conviction of Bissert and the indictment of
4Glennon, Shells and Dwyer. The rumbling OF
4he wheels in District Attorney Philhins legal
mill did not disconcert the rascals until some
one actually was caught. Now II looks serious
If these indicted policemen go on the stahu III
their own defence they are likely TO implicate
men like Devery, and if they don't go on they are
likely TO get maximum sentences.
DISTRICT ATTORNEY NOT THROUGH.
District Attorney Philbin and his assistants
are maintaining their usual reticence. but they
admit when questioned that they are not
through They are after one or two or the Dig
John Does.
Police Commissioner Murphy yesterday morn
ing relieved" GIennon, Shells and Dwyer from
the suspension he had imposed on them on
"Wednesday. following their arrest. Last night
at his home in Far Rockaway, Colonel Murphy
said he would not say till this morning. when
he reached his office, whether he would again
suspend them not.
The grand jury came in at 2:3o p m IheFe
was a delay Of ten fifteen minutes before tle
Recorder came in. Immediately after the grand
iurys roll had been called and the members
had left the ROOM Clerk Gallagher called the
three defendants TO the bar. Glennon came IN
the lead, Shells was second and Dwyer brought
up the rear. They had been waiting IN the COT
ridor outside of the courtroom.
Clerk Gallagher read the charge. which was
that they had wilfully neglected to perform a
public duty. He then asked them whether they
had anything 10 say
Before Mr. Elkus who appeared as their coun-
sci could interfere. Glennon said in loud voice,
-'Not guilty." Mr. Elkus. with broad smile on
Ibis face sale: 4 beg your pardon; as represent
ative Of these defendants. ask that the plead
ing stand over for the present" Nj. Elkus then
told the Recorder that professional engagements
would probably prevent him from appearing Tor
f4he defendants in the future, and that he ap-
peared then only 10 obtain bail for them AS
sistant District Attorney Garvan asked that the
pleading be set for Monday, at the latest
mo MoREIDIAMoND INCIDENTS WANTED.
Recorder GoT, still smarting apparently un-
der the slight put upon him by Colonel Hen
derson, counsel for Captain Diamond. with great
'deliberation and distinctness said:
Mr. EIkus and Mr.. District Attorney. 1 am
.disposed to afford these defendants every
;counsel the examination of the indictments
and the making OF such motions as they think
proper: but If an adjournment be asked. 1t Is a
favor from the court ana II that iaNor Dc
granted il Will be granted only on condition.
That condition is that they will not get
. tpostponement from the court Tor one purpose
and use IL for another
/ speak of this because OF case recently in
This court where counsel came IN and obtained
the favor of the by adjournments. and
during the time OF the adtournment5 applied
for the renewal OF rhe ca ase from this court.
Now the court is absolutely Indifferent as TO
where these defendants should be tried, ana
certainly the court Will not do anything TO put
in any way an obstacle in their way 10 exercise
and avail themselves Of all the legal rights
which the law gives them; but the court VIII
not be imposed upon take pleasure Mr.
FClkus in exempting you altogether from the
category Of such counsel as have referred TO-
because If you gave your word TO me in open
court in any case would take II ana rely upon
il But / am going to establish precedent in
this court IN such cases as where defendants
come TO the bar and ask for the favor OF the
court by making the granting Of such favor
conditional upon their agreement that they VIII
not use the favor extended TO them for other
purposes than that asked for. l will grant to
you Mr.. Elkus in the case Of these defendants,
such time as you think necessary I will be
liberal in adjournnents; but in doing that
will exact from them a stipulation, made in
open court, that the time granted viii not be
made OF for the purpose Of removing this
case TO another court. ] think IT Is the de-
fendants' right TO apply for removal, if so ad-
vised, and do not want TO interfere with that
right; but I will not permit this court to be
.,nade use OF under false pretences.
A SHORT ADJOURNMENT.
Mr.. EIkus,. looking decidedly uncomfortable.
replied:
OF course, IL your honor pleases, there can
be desire my part TO make any such use
of the court. AS I stated TO your honor, ap-
-J,ear simply lOcum tenens for the purpose
i-of seeing that they are admitted to bail and
that they allowed time TO plead or 10 take
such steps as the counsel they may retain WIFI
advise them TO take. I could not in the posi-
,rtion advise them to make any stipulation. OF
course, they have a right TO apply for a removal
and 10 ask for a stay after pleading as well as
before ] am simply here for the time being,
10 keep things in their places and under those
circumstances / would respectfully ask the
court 10 give them, say, until Monday, which
is the intervention Of only one court day. with
out requiring any stipulation. i don't know
that any such step application TO remove
the cases Will be taken. but, Of course. am
not in position 10 state that. l state 70 your
honor the facts, and / think your honor VIII
take what say as being the fact
Recorder Gon in reply 10 Mr. Elkus said:
Mr.. Elkus the statement that you not
likely TO be these defendants counsel Of course
.apprises that they would not be bound by
any such agreement because. YOU say. you
are only here locum tenens and I have TO
deal with the defendants themselves as not