New-York tribune., 1901-04-16
PHlLBIN OPENS FIRE.
CAPTAINS WESTERTELT AND
HERLIHY THE TARGETS.
MAGISTRATE CORNELL. AT DISTRICT
ATTORNEYS REQUEST. ISSUES SIM
MONSES FOR THEM ON CHARGES
OF NEGLECT OF DUTY.

The long and painstaking investigation by
District Attorney Philbin and Assistant Dis
trict Attorney SchUrman into the conduct OF
certain police captains is beginning to come 10
a head. Summonses were issued yesterday at
the request Of Mr.. Philbin for two OF them
They are Josiah A. Westervelt. of the Charles
ST. station. and John u. Herihy of the Steam
boat Squad. Magistrate Cornell issued the sum
monses. They are returnable at 1880 o'clock
this morning in the Centre-st. court. The
charge in each case is neglect Of duty. This
is misdemeanor. and the penalty is one year
in prison a fine of $500 or both.
The summons Captain westerveIt va,
served at $50 D m yesterday. He said he
would obey it. The summons to Captain Her
my was served last night at his home No. go
West e-hundred-and-fifth-st
Mr. Philbin has asserted again and again
that he would not begin the prosecution OF any
police official unless ne thought he had ample
evidence to procure a conviction which would
stand the test of the Court of Appeals He
has prepared the evidence against WesterveIr
and Herlihy with such deliberation that sorr,
hasty people have criticised his slowness. There
fore, now that he has acted il may be taken
for granted that the accused captains are go-
ing TO have hard work to keep out of Jail
The charge against Westervelt is based on
the famous raid made by Mr.. Philbin on tho
Parole Club poolroom at No. 90 Dey-st where
Commissioner Maurice F. Holahan was ar
rested while looking for his wayward SON.
Westervelt was then in the Chureh-st- station.
The complainant against him is John r. Wood.
a detective. who was employed by the Com
mittee of Five obtain the evidence on which
the raid made. His testimony has been
greatly strengthened by that of five out Of the
eight policemen who were caught in the place
by the raiders. These policemen have told
things to Mr.. PhiIbin that will probably con-
vict their captain
The complainant against HerIihy is James 2.
Reynolds secretary of the University Settle
ment. Much of the evidence given in the far
ciCal trial of Herlihy by the old Police Board
will be used again In addition to this. evil
dence has been procured Independently by ths
District Attorney of the disgracefuI condition
into which Herlihy allowed the Red Light
district TO deteriorate when he was in chargs
of the E1dridge-st. station The Rev Robert
L. Paddock. of the Pro-Cathedral. in Stanton
St, swore. and fully cOrroborated by
other minister, that Herlihy called him liar
when he asked the captain to suppress the
open lewdness in the streets, which he said was
communicating the boys and girls of the dis
trict.
One object of Mr. Philbin in bringing ths
proceedings before a magistrate instead Of be-
have the captains held for the Court of Special
Sessions. 1t is reported. however. that the cap
tains Will apply to Justice of the Supreme
Court for removal of the cases to the Court Of
General Sessions. Assistant District Attorney
Osborne will conduct the prosecution
1t was reported last night that summonses
had also been issued for Captains Donohue and
Thomas. but they may not be served unless the
hearing of WesterveIt's and Herlihy's cases be-
fore Magistrate Cornell results in the two cap
tains being held for Special Sessions
The summons obtained against Herlihy was
given to jefferson O'Reilly, of the county de-
tective staff. to serve AT O'Clock he hastily
mounted the steps Of Herlihy's house disap-
peared inside. and, after moment or two. came
out and vanished in the darkness in the dlrec-
tiOn of Columbus Captain Herlihy was seen
at his home soon afterward. He asked is
he had been served with the summons. and re-
piled testify: Nav. l amt got nothing say
to nobody" Then ne slammed The door in th6s
reporters face.