New-York tribune., 1901-09-27
A BOOMERANG FOR DEvERY
DISMISSAL OF O'NEILL MAKES THE
DEPUTY COMMISSIONERS RE
MOvAL MORE LIKELY.

.Uhu. the dismissal Of Patroman O'Nein
probably was intended TO protect Deputy oofh-
missioner Devery against the charge OF oppfes-
.ion il vastly increases the chances of Deverys
removal from Office" said an official In tine LIS
trict Attorneys Office yesterday.
The irony Of fate may be shown IN DeVery
revengeful pursuit of the policeman who deheo
b,r, TO HIS face in the trial room three weeks
ago and declared he would not stand shahe
down" Devery had refused to hear oSeiii
witnesses had abused him roundly, and hao I'M
posed a fine Of thirty days pay Wheh ne was
def1ed by O'NeiIl. Deyery declared In a rage lha'
he would make a charge of insubordination
against him and break him. The charge mace
by Devery was not one of INSTRUMENTATION put
conduct unbeconing an officer" based on the
rules of the department, which require its MEM
bers to treat each other courteousiy- Inc e'i-
dence in the O'Neill trial conclusive that
Deverys violation Of the rules was vastly great
er than O'NeiIl's. On the witness stand Devery
admitted that he had used abusive and defama-
tory language and had refused to hear O'Neills
witnesses.
The conviction of O'Neill the evidence pre-
sented is therefore equivalent to conVlcuoh
of Devery, who the worse offender DIS
cinline in the department would seem to require
IDevery's removal from office. now that OMEN
has been dismissed from the force
Before the announcement Of ONeills dlsnlssal
was made. however. Devery was arrested on
charges and among those charges was one lnat
he had been gultg OF oppression III
the unjust fine of thirty days pay upon . Mem.
He was to have been called to plead 10 the
charge before Justice Jerome on wednesday,
hut at the eleventh hour he secured writ OF
prohibition, which deferred the pleading. II the
writ had not been interposed Devery might
have asserted through his counsel that the un-
just fine had been inflicted on o'Nelli: De
cause O'Neill had been dismissed from the force'
The dismissal of O'Nell would seem 10 nave
been designed partly to protect DeVefy aSdilsl
the charge of oppression, but at the same uiile
IL places Police Commissioner Murphy IN ihe
position of Furnishing a private for an offence or
which Devery has been most consplcuously
guilty and then shielding Devery.
The Merchants Association or New orh mas
sent to Commissioner Murphy charges against
Devery containing facts ample TO show TO what
extent Devery has been guilty of improper con-
duct in his abuse of policemen in the trlal room
The Commissioner has sent the charges 10 Inc
CORPORATION Counsel for an opinion Inc as
rnissal Of ONeill may have an important peaI- e
ing on the disposition Of the charges me COT
poration Counsel may be obliged to ADVISE the
commissioner that If ordinary policeman Is
removed for violating the rules requiring coul
teous speech the Deputy Commissioner VINO Nlo-
lates the rules in a manner tendlng 10 slioSh
public decency and subVert dlsclpllle nlusl Oe
removed well.
Commissioner Murphy allowed DeNery 10 pre-
side al the police trials again yesterday, anu IL
was noticea BILE that Devery refra1ned from anus
ing the policemen who appeared before MIN. ne
smoke in suhdued tones ard seemed 10 De hlah-
ing an heroic effort to behave with decency
II was said the best authority yesterday
that the Me- chants Association would proNlu"
counsel for O'Neill in an appeal TO the courts
for his reinstatement, and would see tndl ne
notice to Commissioner Murphy some weeks ago
that ii would stand ny members OF the force VINO
gave information regarding the scandals IN the
Police Department.