New-York tribune., 1901-05-01
WESTERVELT GETS OUT.
CAPTAIN RETIRES BY ARRANGEMENT
WITH THE DISTRICT ATTORNEY.

THE CHARGES AGAINST HIM DROPPED. AND
THOSE AGAINST HERLIEY TAKEN UP
CAPTAIN FRERs ALSO RETTREs
The retirement OF Police Captain Josiah A
westervelt on life pension of 81 375 q year sur
prsed many persons in the Police Department
yesterday, and many New-Yorkers will think It
is strange that a police official against whom
charges have been brought before police mag
istrate by the District Attorney can be retired
on half pay, as II he were to be rewarded in
stead Of punished on account Of the charges
The hearing of the charges against westervelt
was 10 have been continued before Magistrate
Cornell yesterday, but when it was known that
the captain had left the police force the District
Attorney announced that the case was not 10 be
pressed further.
Captain McClusly. former head Of the Detec-
tive Bureau, transferred from the Grand
Central station to Captain westervelt's station
IN Charles-st-
Westervelt was accused OF failing to suppress
poolrooms in his precinct. He was in command
Of the police at the Church-st. station when the
District Attorney made the raid on the poolroom
at No. 20 Dey-st- It had been shown In the
hearing Of the charges that he had received
ample notice OF the existence Of poolselling at
that and at other places in his precinct but he
had not tnterfered TO enforce the law.
II the charges had been made directly TO the
Police Commissioner Westervelt could not have
retired on pension. There is rule that no
policeman can be retired while charges against
him are pending at Police Headquarters Posi-
bly, westervelt thought IT was time to get his
pension secured before charges were made to
Police Commissioner Murphy. westervelt went
10 Police Headquarters yesterday morning, and
made the formal application for retirement
The application was granted Immediately by
Commissioner Murphy. Westervelt's record
showed that he was ffty-hve years old. and had
been policeman thirty-four years. He said to
persons az Police Headquarters that he had been
intending to retire for some time. When Com
missioner Murphy was asked about the retire
ment Of westervelt, he said:
His reason was because Of some kind OF an
understanding he had with the District At
torney, he told me. I don't know what II was
bur that's what he told me. HIS case has been
taken off the court calendar, and Herlihy's put
on"
Did Captain westervelt retire a result Of
any request from you?"
No He got such request from me- II was
q surprise 10 me-"
AS soon as the retirement Of Westervelt was
reporred in the Centre-st. police court, where
the hearing against him was TO have been con-
tinued yesterday, IL was announced that the
charges had been dropped. District attorney
PhiIbin made statement out Of court TO the
effect that the charges against Westervelt had
been brought solely because he had neglected
his duty, and he was not charged with a more
serious offence the proceedings against him
would be discontinued for the reason that he
had ceased 10 be a public officer.
The charges against Police Captain Herlihy
were taken up in the court as soon as 1t was
announced that the charges against Westervelt
had been disposed Of Herlihy was not present
The first witness in his case was Mr.. Delamater
the first deputy clerk at Police Headquarters
who described the boundaries OF the Thirteenth
Precinct, east Of the Bowery, where Herlihy was
in charge OF the police from September % 1899,
until November IS. 1900. Captain Herlihy is
cused Of failing TO suppress many dens of vice
in the precinct
An adjournment was taken until Friday at
II 4.
Captain Henry Frers. OF the East Eighty
eighth-st station, applied for retirement yester-
day, and Commissioner Murphy retired him a
pension of 81 ,375 He retires because of dis
ability. Captain Frers has been on the sick list
for some time. The board Of police surgeons
reported to Commissioner Murphy that he is
disab1ed, sr6 they recommended retirement on
that account. Captain Frers was appointed to
the force in 1870.