The sun. [volume] (New York [N.Y.]) 1833-1916, 1901-09-18

sNh
e,urt Tammany Demanding the
Deputy Cemmls,iener's 0nicial Head
Dep,ry Police Commissioned Devery
was arrested yesterday afternoon on a
varran, issued by Justice Jerome on com
plaint Of Policeman Oneill. who charged
linn with neglec' Of duty and oppression.
The proceedings booking to Devery''
aires, were taken up early In the morning
by Justice jerome. Assistant District At
torney Gans and Gsrvan and lawyer
II. De Forest Baldwin retained by "a"
Committee Of ~ 10 defend On"ill in ms
trial before Deputy COMMISSIONS YORK
Policemen Oneill and Mnrrinan we're called
into the JUSTICES chambers. u was not
until I O'clock that matters were In such
shane that Il was deemed advisable To
issue the warran, for Devery's arrest.
The warrant was given 90 Sergf iangsn
Of tho Criminal Courts squad 20 serve
lie vent 20 Police Headquarters with u,
but DeNery was not then" langan made
known his mission 4" Sergt Sugdcn, who
knew about IL before Iaugdn told him.
After some DELAY Sugden told Langan
that Devery would b. a. The Centre street
police cur before 3 O'Clock and Langan
went back there.
WARRANT SERVED
Daverv turned up shortly before tho
hour, accompanied 10y his lawyer. Ahm-
ham | Elku-. his hpudsman. VI ! Lyons.
the Bowerv restaurant k~rper and SerRt
hugden. The warrant was serN"d on
Devsry and 10, pedigree taken He said
he was William = Drvery. Deputy Police
COMMISSIONS. - ,,arz old. and that be
lived at $40 Nest Twcnty-cighth street
This formally 1Ncr. Icverv went up "a"
stairs 'o th" Special Sessions court r'uin
lmmcdnt"ly iollpN ing his arrival came
representative 81 al departments IN the
criminal t.Irf. Builtiug, not~rable among
whom v"r' ,~.r1ncr.- Physician Hanlon
and -tlllv Hanna from the Office Of the
clerk q GHr raj Sessions Inev shook
hands with BcVery and sat down by him.
Justice lcrlw" anne oU' If lI- chambers
nnd took hi> seat on the h"ncA N. Dis
tnct Atioruey WIS represented 10y Assist
ant District Attorneys Cans. Caravan, san
ford and Srhurmau Assistant District
Attorney Osborne who, g. was said. had
leon assigned - prosecute. was not there
II Was ne subject - comment az tha lime
That Mr Osborn" hnd been 10 So. Squire
Croker a.. night before with Dcvery'-
friend. Col 4 Bird Gardiner. former
District Attorney. who wants Ia regain
III 0fi~r II was also rumored that
Got Gardiner Il to IT, associated with
Mr. flkus in defending Devery. Mr..
Elku~ -aid he hadn't heard Of IL
III" Deputy commissioner was dressed In
n gray suit and carried a black derby hat.
lie took a seat facing Justice Jerome. whom
10 ~rrutinilcd cnollv IL DE Forest Bald
win cam" into court and joined the mems
h-rs Of the District Attorneys stat
DEvEEY TO THE BAR.
William = Dsvery,- said Justice Jerome.
after reading Oneills complaint. you
are charged l"fore me ~ a Magistrate
With neglec, 81 duty undo Section III oi
tho Penal Iode and also with facts shot.
ing that the charg" NAV 10 under the sea-
iinn relating 20 oppr.~sion | don't sup
pose vou want to see the complaint, Mr..
Iikus'-
y don't know that do said lawyer
fkus We want 10 get through this
matter with A. little delay A. possible I
suppose examination will lie postponed
81 might he set for Monday replied
Mir Cans.
sIf ,le~n proceedings are adjourned. :
continued Mr. t'lui-. Il want IL stipulated
tina, tive District Attorney will not proceed
60 indic' In The meantime
4 don'' think / could make such a stip-
ulation binding the District Attorney.
said Mr.. Cans
Unless that promise Is made I shall
iusis, on an immediate examination replied
Nj Elkuk.
While I don't think that there 1. an,
hkellho-pd 81 an Indictment before thee,
hearings are concluded. | cannot commit
tho District Attorney. said Mr.. Cans
sThan 7 demand an immediate hearing. :
returned Mr. Elkr.
is Complainant Oneill herc'' asked Jus
tice Jerome Oneill. who had b~en sittins
Ia uniform in IN" court room. took III.
stand lie did not appear 20 b. nc all ner
vo,s and did not look at Devery. paic
litIn attention. "a him.
lawyer Elkus 'han got hold 81 the com
plain, and conferred With D~very anc
Sergt lgdcn. who was In citizens clothes
~utr-equen'ly Elkus and Messrs. Gan,
and Gsrvan moved up 10 the Justice.
bench and talked In low tones e. Justic,
jerome. The conversation evidently wa,
friendly, Dpvery sat looking eolemnlN
on. Mr Elkus told Justice Jerome that
Devery did not want 10 have his hearing
conducted before Jerome ~ a Magi,;rate
NJ he thought Jerume's participation n
the l~ong-Continurd vice crusade had rem.
dcrcd him Ineligible To sit in this case
Jus,ice Jerome Said that Devery CoUld
challenge linn " he saw ~. hut that hs
would not decid" or scccpt any such chal'
lenge made orally lie notihei MIR FlkI,
that he must educ the challenge 20 an.
davit form and then he ,JerumeI would
look " over and decide what he would
do about IL. The District Attorney might
submit answering ahidavits
KARI ~ApIoURSED. BAIi 81 ,ooo
IN caso Justice Jerome should decide
H. ought not 90 ~ In the cas-, he would
assign thc examination 20 some other Mag
istrate = the cpunry. ANY 81 the Judge
az General Sessions. including Rocordol
Con-. NAV sit ~ Magistrates. a. NAV thu
Nayor u was DcCiiod 60 adjourn M,
p~rovsding~ until O'Clock neNt NsSinrS'
day afternoon. and Justice Jcromo fiNot
D-Nery'- tail AZ tl.0s The Dcvery party
then went 20 tho bond clerks o'hce FOL,
low-d b q crowd
Think ~ srresfiug the Chief % Police
said a diminut!ve employee" 81 M" District
Attorney.
Lyons qualified a. bonisuan. giving hi
BoN cry property A. surety. ~ he lid whei
pev IS wa indicted tb" daV heiur' 'h'
last eIeC'lpn When ia th" ofit~' - DIS.
th-' Attorney Gardiner Ihsv'gv arranged
his plans fpr drf~uc. with Lawyer Samuel
IH. IH.-Ns,H -.