The evening world., 1901-09-30
CARLISLE'S KEEN THRUST AT
DEVERY IN COURT ARGUMENT 7
Ex.Secretary Of Treas
ury, Answering the
Chiefs Lawyer,
Says II Does Not
Take a knowledge Of
Grammar to Be Abu-
sive end daIndecent.

L. Ex-SeCseAIy Oh tue lTeaSuEy JOuu ".
Carlisle made mastery argument this
aftcrnoon before Justice O'Gorman. in
the Supreme Court, advancing facts
why Justice Jerome should not be en-
,toincd from holding the. preliminary,
hearing Of the case against Deputy Com.
missioner Devery.
Lawyer. Samuel Untermeycr was the
| ex-secretary's opponent, and no dc.
clared that the charge agnins, the
Chief was based on his poor English
ip denouncing Policeman O'Selll. To
which Mr. Carlisle. replied:
ut is not necessary to know gram.
mar 10 use indecent or violent Lam
guagc."
Tho hearing OF the case had been ad.
Journcd from the morning until this af-
tcrnoon. whom the courtroom was
;ammed. Neither Devery nor Jerome
| vas present.
Gans's Innuendo.
Assistant District-Attorncy Cans In
closing came periiously near to the
danger line Of innuendo when he said
that all this character OF proceeding
by the District-Attorney was being held
up through d!latory proceedings in the
Supreme Court. and urged Justice
O'Gorman to give as carly n decision as
possible in this matter.
For said tha young prosecutor.
'',hls Is case of paramount Importance
TO the people Of the city,
He probably had the BLssert appeal.
the Hcrlihy demurrer. the Diamond and
Glennon stays and the like In mind.
Justice O'Gorman moved restlessly
back and forth In his chair. but other.
wise betrayed no agitation.
Decision was reserved.
Samuel Untermeycr opened the discus
sion In the afternoon with an argument
N behalf Of Deverys motion. y took
ths Issoms nor" 10 "f ,s,a. az attack upon Justice
Here Is a Justice OF tho Court OF
Special Sessions who seeks 10 prostitute
Ms judicial office TO- further his own Owl,
that he is not originally a committing
| iMagistrate. and Is the only one Of the
| four Special Justices who has assumed
the part OF . commit,ing MAGISTRATE.
cases involving the Police Department.
In his answer to this petition he. in
effect. says that he admits he has a
Devery. ana that he il pSrsuIns public
oaicc. bu, that nevertheless he s,n
act on this case on thi. merits,
he admits practically that ne has
oath. and that he believes .Devery TO be
everything that Is low and bad. but he
will try him without bias"
Devery's Grammar.
Jas for the charge of neglect or
duty. based on Devery's advising
Sns' aSap., san xa. ssn4aS nay
being tried Iur that but for clubbing
basel on Commissioner Devery's poor
English In denouncins Il. In effect the
esss,on saess, Any Dsye way Z va. na nos %
"IM Mr.. un,e.meyer .s,e on the third
sn that rSs. Psys.y DIDN'T haTne Tfee to
| Oneiii's statement. onelii was already
| convicted out of his own mouth. and II
was not necessary for the trial Com
| missioner 10 hear any more testimony.
manded oneiil for obeyinK the law. lie
| did not: II was for an outrageous per
formance in the name OF the law. At
ihc., point Of the pistol and yith uplifsed
.The refusal to hear witnesses and
the rcprimand were both judicial acts.
not reviewNsb!e by n police magistrate.
su, by the Appellate Division IsmoSa, OF sms ne
| the Commissioner II a case is made out
:whetner Devcry was right or wrong
In his remarks ans decision ms n trial
commissioner, he Il not amenable to
this statute. for he was acting In
judicial capacity"
Mr. Carlisle Replies.
The chamber was packed to sufYoca.
ton when ex-secrstary Carlisle arose to
reply TO Mr; mm,'rmysr Tie f,,enn said seem,
TO be that Justice Jerome ought not to
try this case because Devcry is not
guilty. He seems to want the Court to
Intervene and take this case away from
Justice Jerome and try II here.
The accused asks this Court to pass
and say whether Devery II guilty or no,
l7and tina, was never the part o! a writ
OF prohibition.
III Il Ii conceded that under the law
Justice jerome has general Jurisdiction
rs committing Magistrate over cases
Of this general class. then he has Juris-
diction over this particular case. II Is
his duty to sit and md ont the very
aueseions argued here-has there been ,
crime committed against the law!
III on 40 sitting Justice Jerome de-
cides that the facts alleged do constitute
such a violation Of the code. then II Will
be time FOR my friends. II they believe
| him to be wrong. to come into this court
to argue that Il was not Violation.
holding pevcry."
When Justice Jerome this afternoon
| called the case OF ex.Policeman Oneill.
who charges Deputy Commissioner Dew
cry with oppression IN Office. no one
appeared for Devery. The case was
adjourned until ocloek Tomorrow