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

Ia Commi--ioner Murphy which were
tried before Devery on Aug - In
his complaint Oncill goe- on 20 say that
upon that occasion Devery not only VII
fully neglected To investigate" th" com
plaint and hear Oneilr- witnesses, but
also neglected to maintain the disripiln"
81 the police forCs and Ia instruct The in"in-
lerS 60 enforce and prevent the violation
~ All laws and ordinances In force In tn.
city and wiifllly repnmRnded Oneill Tor
80 doing and fined him sll2.T
The theory upon which District Attorney
Cans expects 20 prosecute - that DeNrrS'
sitting IN n quasi Judicial capacity. vii
fully and ~unlnwfullv neglected hls duiN
in no, hearing both sides Of OneilIS cas-
when he waS halcd iEioro DrNeiN Tor
arr"stiug Hoilanu"r and that irNcf{ WI
fully neglected h. duty and melted 10y Its
language M that trial the men Of the i"rN"
tn disolssdisncs and disregard ~ 40" law
Thee. things ono.' proved. MI Cans holds
that whan Dryerv fined Oneill ttlrlN daNt
nav %. Inaiiciou-ly and uniawiullN d'ptlN'd
! HIM 81 his property. which M" Peua 'un'
in surh "A cas-, -avs j. oppression VI
Can. ~ convinced that there l. ulpr" tiah
y technical oicnc' Ia such ~pfoC'tdlig>
ami tha uav.rv'- Who'll" Couuuci ~ a quds'
judicial %capacity has lsen arbitrary ana
! I'M American IN broNb"ating men Who
! are not allowed TO answer and refusing TO
/ hear their sides 81 their oaSrs such ~"
! considers 20 H. III" ac' OF q d"sput. u" ia-
a precedent IA this STATE whore upon Gpia'-
] emily NfNN NffNNA~ kiiNlNNiA~ . 'lhAN' WIZ
vic'ed. which conviction and punishment
were upheld bV the Court II Appeals
Mr Gau- was hot ready Yesterday 10
announce the nance 81 thc Witnesses Who
Nil Ice called
NrLpEKRTs rREE STIRRED ~
Tie news tina a warrant was out iur
| D.Nery Wa received iu the D"pG'y ,uu-
! m~is.ioner'- usire almost - soon a. IN"
warrant had he'n is-urt liutneN.ai'iA
two detectives on D'Ntry'- personal stan
/ darf~t out % las front Office and lufil'Nl
u.' 90 tine Mott street cutrauC" NuhnuN
! would .lv wher, tucy we're bouud. bI'
r. was roon whispered around That tine
Big Chief or the -hl~s. ~ he l. fnmiliarly
I calci III llcaduuar'"fs. was io III" arr'-ltl
Then o." corridors t"gar 10 III mp Nrh
the c.ass %! p~oitcians and hangers .l
! that awdv, APPEAR al Headquarters Nuct,
something Is brewing ar tr"uh!" .- ~ store
| TO- -oinr high police Official
The two sicuths that hal left the uullding
Z huru"ilN had not been guu" long o"f"r"
Mike LYONS. I.VetN lDuarman, cam"
rn Headquarters and went Go peyrry-
7 Offices llr didn't S'ay lung o. after
his departure ~ was said that has d''~tlua
tiun was Jho tnmlual touri- bhlldlug
shortly after MIR. Lyons l"t' councilman
a cab He renamed a. headquarters
for some time
.SorHtNG TO say SHOUTS pEvFRY.
The nearest that VI ucvc-y cam" 20
laiug a. Headquarters Yesterday Wa
when NJ" paced through Mulberry street
iu a Dab about 80 O'clock iu The ail"i
noon. after having loft Justice Jerome =
court room. lie diin't appear TO h" w"'-
ri.d a bit Hts personal man, Ncrgt Sug-
den. iumIsd ont 81 th" cab ana l'cN"fN
continued right on To a group 81 re-
pnr,.rs who w-r" waiting 20 question him
he shouted through the cab ~indo"
-\uihin' 20 ~ny'
Commissioner Murphy dad not seem
to think early IN tie morning that l'-v"rv
would b. arrested He said that he 10 Q
49, any reason Tor u. that DovcrE could
Ia. f,Ipd when hc was wanted Col. MN
phy came from his summer hom" ~ tat
R~ockawav at the usual hour, q 80 o'clock.
but only remained in his office for a -notl
time lie lefi IA" building aud didi
return Tor over an hp'u lnofh'Ulu'
g. was said that h" had gon" TO hay" an
interview with squire croker When
Col Murphy was asked whore he had ben,
h. -aid he was attending L. som" pnhc'
business and that II vac not oi a punhc
nature
DO Won mird telling ~ the result Of
v,ur interview with Mr. Croker n" toluue,
Was asked abruptly
-Who -.ys I've been 30 seo Nj. 'r,k"' -
no replied. a. Il 10" question had started
him Then ~" was asS'~i l"iW 't'HN
10 had been q" $50 hr '0uk"i. ana I' ''"
! that b." hadn't.
hINs AfAft : 49,
IN. Dis,ri,, ATTORNEY has u-k~i Col
Murphy 10 have ia" -'"nograptor MO
took tho retori 81 ia" Dupiil ca ou hand
In cas-. he II waLtcd tn" photographer -
! "A Pagan. He - On hiS VARIATION. tout
Col. Murphy has t"legraph'i inr him Ihi-
would Indicate that Pagan Will u" a witness
nj D~verv's trial. After the On'll 'nal
Devery had Pagan furnish M" reporters
with a transcript of the evidence" OF TIA,
part 81 the trial wher" on'il ~d"fanllN '"id
/ DaVety that b." wouldn't n" shaken n""h'
| which - ~nrag~d DNnvorv that H." lu-i all
control 81 himself and shouted III break
Won a IN eat Witch ~" didn't haV" the
tpwer to Chiope Ihr rnIort oi ih" iial
which Pagan Furnished IN" r"Isri"r- did
NOT contain this sentence. and m" Dsiru'
Attorney will probably call on HIM 'n "N-
plain why such an imrortan' statement
was left out.
Deputy Commissioner Work had az hours
talk with Col Murphy YESTERDAY and ~
vas understood that tu"y had discussed
tho decision IN the Oneill cas- Col
Murphy said that Oncili- name had net
bs-,n mentioned and M York iu'lma'"d
that be- didn't know whom h." would ArrlN"
a, a decision. ts'cau~r 10 had not r"''iN"d
n transcript ~ the cvid"uCr taken AZ Nv"
the trial until last saturday
Col Murphy was asked ast utglt II IN"
would suspend lEvery now that h" ha-
l@-n arrested and H. out on hail he said
that be- cuuliu't saw what would u" done
until be- got an official report to-day 81
what action had been taken against iAv"rv.
He said that he had heard that lh"v"ry
had tsen arrested. but would not do any
thing until Ia. got Official notification.
wiGwAu LEADERS AGAINST DEvERY
every's position in the Police Depart
ment j. nov "a tiCkii-h one tn" aiuuanv
leaders hay. taken up tuo fight against him
aud are anxious to $50 him removed That
much was told To- n SvN reporter Yesterday
bv a man who j. Intimately acquainted
with tho situation In a." Polio" Depart
ment L. l. known that a number ~ I'm"
district leaders have gon" 10 Col. Nh phv
and asked him TO appeal Ia Mr.. Croker for
Dev"rv'- removal col Murphy, n j. said
hv tho-. who know. never wanted b"Vrrv
for his frst deputy In fact. ~ - said that
he fought against appointing IHN"rv un'l
Mr. Croker hatly deular Il Iha' u wa- hi-
wish - thcro was nothing for th" COLONEL
To- 90 bur name IeV"rv The man that Col
Murphy wantssi Tor hI~ first deputy was ~
SuIt Bvrnrs
Tie Tammanv District leaders rcnliS"
IA. nuntl-'r 81 votes that nrv"ty'- actions
IN the trial rnom a. police headquarters
will Cust the Fourteenth Street. urcs.isa-
tion They Aa," Euu" 90 t"l Murphy
aud told him that -ptn'thing had 'u br
done DeNcrv had 20 g. th"y d"olar"d,