The sun., 1901-12-03
DEVERY STEPS TO THE BAR,
MURPHY FIRST WITNESS IN THE
TRIAL FOR. OPPRESSION.
says lie Makes Transfers and Never Moved
Man for Punishment Heard OF .
"CmirOVersy" with Oneill. hut He
Never I<, Deyery Talk Of lIis Cases.

Never I.e, Deyery Talk OF His Cases.
Deputy Commissioner Devery's exam
ination on the Oneill charges OF oppression
began yesterday before Justice Holbrook
Of Special Sessions. sitting in the law Ii
brary of the District Attorney. Devery
was arrested a couple Of months ago on
a Jerome warrant charged with oppres-
ing Oneill at a police trial and with neg
lect OF duty in censuring the policeman
for enforcing the Sunday law.
Commissioner Murphy was on hand
Yesterday and was the first witness called.
Oneill was there and Assistant Dist rict
Attorneys Cans and Schurman were sup
ported by Lawyer H. DeForest Baldwin,
who was Oneills lawyer when he was tried
before Deputy Commissioner York on
Devery's charges OF insubordination and
dismissed from the force.
Devery sat directly behind Abram l..
Elkus. his lawyer, and appeared to be
anxious lest the envelope containing the
record in the Oneill case should be intro
duced in evidence. II was marked for
Identification and Commissioner Murphy
testified concerning IL.
Col. Murphy said that never had he re-
ceved any papers from Devery or any
Onc tirf soHtNiiihis 'uc Nih''y
imposed on Oneill which led Oneill TO blurt
out the statement that he would not ha We
been fined thirty DAYS pay had he consented
to be shaken down" Commissioner Muir
ply said he never had seen Devery hold
trial.
q Did you ever converse with Devery
about the Oneill trial7 A | never did
Your Honor. ! never allowed Mr. Devery or
MIR York to say anything to me- about trial
N "a "a "a Nj
Devery In which he said that he had pre-
sided at Oneill's trialt There was no
sSSt % ' DeveTy came p'T to my once the e'tfy day
after the trial and said that he had had
controversy with policeman and that !
Q Was there any written recomm endation
received by you pursuant 10 the trial OF Oneill'
is i, a fact that policemen are trans
ferred for disciplinary purposes? A. Yes.
when they don't ask 1t themselves for pur,.
families
o is it recognized as a means OF punish
ment
Lawyer Elkus objected and Justice Hol-
brook held with him. Col. Murphy said
that all transfers were made by his order.
O Then all transfers made at u date later
than your appointment were made by your
4 1t would seem so; but an exclamation
what circumstances they were made
Bn, Ne question f. is by y,Sr, yo1rr order Sss
been by the onptsin'S recommendations
O BY your order? A Yes
o Are all fines imposed by youi A Yes,
0 Was any fine imposed by you on Oneil
in regard 20 the Hollander complaint? ION
Witch 9neiil wa. tried hefo.e Dsvery when
hned thirty dHyl pSs No papers came
Was no punishment Of any kind inficteti7
No papers ever came 70 me The only
from Friday until Tuesday before sending
II 20 Deputy Commissioner York, thinking
that Onelll might come to himself and stop
O Then you kept the charges until oneill
stopped talking u he had stepped then
Mr. Elkus objected and Justice Holbrook
wouldn't allow the question to be answered.
Col Murphy examined the envelope con-
tanning the record Of Oneill's trial before
Deputy Commissioner York and Mr., Cans
offered il in evidence Mr.. Elkus objected.
saying that there was no proof that the
writing Devery was plainly anxious for
some reason about the outcome
The cover il entirely different from
what it ought TO be- said Commissioner
Murphy. -On the outside in an indorse-
ment concerning the Hollander trial and
inside an entry concerning recommended
ton after the York trial. II ought 10 be
explained, said Col. Murphy. looking at
Devery,
It wasn't, just the same. Col. Murphy
left the stand
Stenographer Pagan, who took the
Oneil trial read from his minutes Devery's
dissertation about Carrie Nation, tin SOL
diers and axes. his recommendation to
Oneil TO join the reform party, Onell's
remarks about -shakedowns' and Devery's
announcement that he would fine him
thirty DAYS The reading concluded
with DeveTy's remark that Oneill was a
loafer II did not quote the other remarks
Of a more pronounced character heard by
newspaper men
The examination was adjourned until
to-day. when Mr. SchurInAn will suooe.d
Mr. Cans as prosecutor. because Mr. Cans
il going out Of town