New-York tribune., 1901-12-11

The examination CT Deputy Police Con1nlis-
sioner Devery on the charge Of oppression pre-
ferred by Edward O'NeilI, the ex-policenlan,
was continued before Justice Holbrook, of
the Court Of Special Sessions, yesterday, and
most of the time was occupied by long exanni-
nation of O'Neill. A. L Elkus Devery's counsel,
cross-exam mined O'Nen at great length. and
brought out admissions that O'Neill had been
tried and fined several times by Police Com
nissioners before ne was tried before Devery in
the Hollender case.
Assistant District Attorney Schurman then
took O'Neiu in hand to rehabilitate his testi-
rnony' and had him explain the circumstances
of each of the cases in which he said he had
been unjustly convicted. In most of the cases.
O'Neill said. the witness not sworn. In the
course of this testimony O'Neill explained the
term "Shoo-fy.' He said II meant a roundsman
in citizens clothes sent to spy on patrolmen.
In one of the cases. O'Nein said. he was sent
out from go TO 6 p m in citizens clothes when
he ought to have been resting, having been on
duty from a m TO noon. He went into
cellarway to catch boy who was playing bail.
C-artain Price caught him and would not accept
his explanation.
When O'NefIl denied that he was fined for run
ming his horse. Mr.. Elkus said:
L can explain that. There are two Edward
O-Neflls on the force. and the other one paid
the fine"
O'Nein said he had been on the force ten
years nine months and five days, and had been
fined altogether twenty-seven days pay.
I want TO emphasize this terrible record" said
Mr. schurman. You ought 10 be proud of it
DO you know records OF other policemen?
asked Mr.. Schurman
The question not allowed.
The witness testified to the number of pre-
, cincts in which he had served. the court ruling
that the District Attorney should be allowed 10
show his general record
Yes. he performed notable services in many
precincts said Mr.. Schurman-
O'Neill testified that he received his full
months pay for September. 1901, although ne
was dismissed from the force on September %
Mrs. Sophia Hagan testified that she was one
of the witnesses for O'Neill who was not heard
by Devery when O'Neill was tried on Hollender's
complaint At the time of the arrest OF Hol-
lender for selling goods on Sunday, she said, she
heard Hollender say. when ONe1il told MIN 10
close his store: Throw him out and close the
door She did not witness the violence which
followed the arrest, as she fed to escape trouble
Peter Lemer, a plumber was called by MI
Schurman and testified that he was in the neigh
borhood OF the Hoender store, and. seeing
crowd there, went and looked into the
store He saw Hollender pick up pair of
plumbers tongs. about seventeen inches long
and attempt to strike ONeill. who backed away
Hollender went into the back room and O'Neil
followed and took him out. He also said that
he saw Hollender trip O'NeilI on the way TO the
station house and O'Neili hit him. He also saw
the son kick ONeill.
Mr. Elkus moved to dismiss the complaint
against Devery on the ground that no crime had
been made out by the evidence adduced-
That motion I shall take under adviserent
until 1 have gone over the case sald Justice
Holbrook.
Mr. Elkus wished TO submit a brief. and Of
fered to exchange briefs with Mr. Schurman,
who said that he would be too busy TO prepare
his brief until the last moment
Adjournment was taken until next Tuesday
morning at 1O30 o'clock the lawyers to arrange
between themselves to exchange briefs and hand
them to the court
After the adjournment Mr.. Elkus proposed to
Mr SchuTulan that they have an oral argument
on the case before Justice Holbrook, and 1t was
arranged 10 confer with the justice in regard to
that question.