The sun. [volume] (New York [N.Y.]) 1833-1916, 1901-09-26
DEVERY RUNS FROM JEROME.
GETS URT TEMPORARILY
~I>fOPPING ms TRItI.
Tie Alleges mat ,hc Justice L. Biasse,i
Against the Poi!sr ard Hiniseif. and
Justice O't.orman Of the supreme
court ISSUES n Restraining Order.

prohibition from Justice O'Gortuan -
the supreme Couri Yesterday restraining
Ju-ticu Jerome and former Policeman I'd
{ ward uneil a. complainant rom processing
With the hearing ~ IA" charges against
pcve.y until the return, II the writ pa Mon
day II II M the usual form. requiring
cause Ia h. shown on tina day why the
wit should not IT, ~al~olut"
The petition for he writ declares that
] rev"ry act-d IN the Oneill case ~ a IN
dioisl officer and - not responsible crimi-
nal'y TT he action and hat Jus'ic" Jerome
IL NJ, qualified to hear the On.ill charges
I against Deverv t-cau-r ~ hus blNS against
the p%plic, force and Deyery.
The charges 81 Oneill on which Deverv
wa arrested and held In 500 hail were
h. part tina Onclll had not been fairly tried
hv novery IN the Hollander casa. hat his
witnesses Wsr. not heard and that he was
rcpnmandad becau-" he vas enforcing
the sunday law against Holland"r
Dpv.ry'z present position IL that assuming
all Onsill avs IL true Deverv cannot be held
a. all. and II he could ~ tried Jerome would
not h. n III Judge 90 near his caSe Dcvcry
save. after referring to a number 81 -iatuies,
which be- claims CIV" m" power To- try such
onen~'s a. that alleged against Oneili 4"
the Commissioner Of Police and III" right
to him Ia delegate that power Ia his iirr,
deputy
That IN and by said statutes to which
your petitioner has referred heretofore your
petitioner. In matters complained Of 10y III"
said Edward ODeill IN the Said complaint,
was acting a. a Judge and IN a judicial
CAPACITY. and Tor any error or omission,
n any. which your petitioner NAV hav"
committed IN said trial. your petitioner Is
not criminally liable
The reasons why Jerome viii not do A.
Judge are stated TO L.
"lnasmuch ~ the said Jerome has been
and nov ~ biased and prrJudi~ed against
your petitioner. and your petitioners belief
~ 10 the said bias and prejudice IL founded
upon the profes ional associations In the
past Of the said jerome and the prominent
part which the SAID Jerome has taken IN
different capacities IN so-called crIsade-
against the polior department of the CITY
| uf New York during the last decade
A similar mar ration 81 Ju-tiOr Jerorne's
actions H. ihe past against IN" pnlicc IN
given. ~ was presented several months ago
hv several gamblers who sought IN the
supreme tour 10 prevent him acting u
diCially IN their CASE Nothing cam" Of
! this contention. then Mention ~ J"romes
assistance "a John " Guf now Recorder.
IN th. Parkhur~i cru-ade- and before the
| Iexow Committee II mad" Hts work
IN IA" COMMITTEES. ~ Is H. presented II
IL alsn stated hat IN" public opinion lead
ing to th,~' matters resulted ~ tho au-
! puintm"n' ~ ~" tumIniiiH" ~ l I'VE 10y trp-
/ kcr shortly h-'fpr' h~ lat return 20 tngiand
II l. further alleged agaIu~f Jorpm. A. n
Judpr. that ha - IN. candiial" for District
Attorney IN a platform which emhpdi"s
th. overthrow Of ID" present tnlic,' al
mini-tration
The fact thai ltIstio, O'Gormau had
signed the writ wa quickly known a. M"
Criminal Courts Building Former PolIcc-
man Oncill arrived a. Justice Jerome
chambers lu-i l-'fpro Nc-sr~ Flkus and
tutrrmcvrr NJ Elku- told IA" Justice
We'll. we'll 60 out and adjourn the case
ils, 20 ks-p the matter alive ~aid Justtc"
J"rumc. heading The way 20 th" SPECIAL
Sessions court room II" District A.
turnrv- ofhsr waS represented bN Dts'rlC'
Attorney Philhiu and Assistant District
Attorneys Cans and GArNau II DeFor~t
IA dwin Wa~ also there, having callci 10
SCI, his client. former Policeman On"ill
D.vary was out After taking m- seat
upon The lpnch Justice J"rum" said
MIR tlkus. I have l-eu served with an
alternative writ Of prohibition ~ ~" pro
c-rdings againsf Mr William = l"v"rN.
and n is necessary. therefore. 10 adjourn
the proceedings thereon. aud will adjourn
them until sept pat y VI
Mr. flku- "" ohlccl 20 thai on IA"
ground that vour Honor has NO power l"
d. ANYTHING b. the matter
.Iu-tic. Jerome II the Suprem" Court
should then CuntiUu" IT, siaN wal con
tinuo tho examination further
Nj U~niermv"r We obI.rt To any such
adjournment. aud hold thai hy the writ
YOU arr prohibited from doing auvthing
in the matter Whatsoever
Justio' Jerome With due resT-ct 60 the
Supr'm. Court | ~ill adjourn th'~" pro-
C,-siings.
Mr 1'u,aumyer Counsel claims that II
IL q violation Of the wn 10 adjourn II
Jusiic. jerome Coun-rl states that they
ohJ'St to having an adjournment aud
state that | a. "a Mngist rat" should take
M action a. ALI
any adjournment We ~tv that the Court
has no JpoWeT to order an All ~ urnment
". stat. that ia. supreme Court has pro-
hihitsd you from having any further ON
'rm m this matter At all and that you should
ot-'V the letter Of the VIII We state Ia
vnuf Honor that upon our construction
of that writ a. ". Rad u. II H. "A violation
of tie order Of the tourt for YOU 10 take
any action al all ta-.d upon tins complaint
and that YOU nov M taking this action
hacking To an adjournment Of the pm
o,-siing nre yinntlng The wit
IN. Court l haV" ~ Intention 20 do
other than otsy IA" mandates ~ the
Suprem" Court ~ ali tunes think II l-
lff IlffNINI 'hufN' W. % n uN dlIbAlliiiFNN
until the alternative writ, l. diSpo-Hd ~,
and that Oiur~a will nov pur-le Nv
understanding Of the writ l. not the same
a. counsels and "a" di~posittou will be
such az have Indicated
Mr. Cans call your Hunors attention
- the fact that the complainant IL nov
her. and Ne are ready 20 ~ nn with the
examination. and would ask II counsel
still desire AZ examination VA this matter.
Mt lntermcyer | should say that the
learned District Attorney IN taking part
la this matter u la contempt 81 court,
knowing II thir writ, and al W. have a.
cav L. that W. have served the writ and
nov depart
All the defendants array 81 legal talent
went abruptly away
Justice Jerome went to hts ClAmbers
where h" wa Joln-i nv Mr. Baldwin. MIR
lam. Assistant District Attorney sand.
ford and tol koipTt GrIer Monroe After
ward they went 'o So. the District A..
turu"N
WERS Ht\T> IN tRGI> SHEIITD.
cot. NurrlN ~-nis I'm to Nr. Nhalro's