New-York tribune., 1901-09-18
has been recalled and will be here to TESTIFY
when the is called.

has been recalled ana will be hero TO testify
| when the is called
Before the warrant for Devery was issued
| YESTERDAY there was a consultation in Justice
Jerome's chambers in the Criminal Courts Build
Ing Policeman Edward O'Nei was one of the
first callers. He went once to Justice Jerome S
| chambers. a few minutes later Henry De FOR
est Baldwin. O'NeilIs counsel. entered the build
| ing and went at once into conference with AS
sistant District Attorney Cans.
Deputy Commissioner Devery, accompanied by
his counsel, Abraham /. Elkus entered Justice
| Jeromes court at exactly O'Clock. with the
two men was Sergeant Langdon. of the Criminal
Courts squad. The justice was on the bench, and
Assistant District Attorney Cans was in the
Mr. EIkus and his client Immediately walked
UP to the bar, and the justice, without any for-
mality. said: Mr.. Elkus. / suppose you appear
for this defendant"
YES. appear for him was the reply.
do you waive the reading of the complaint!
asked the court.
EXAMINATION DEMANDED.
I'VE DO" replied Mr. Elkus but demand
an examination
DO YOU want to proceed at once or do you
want an adjournment" asked the justice.
Mr.. Elkus replied that he would like ad
journment.
Mr. Cans, who had said nothing UP to this
time. broke in TO say he would like an adjourn
ment until Monday.
DO you intend to go with examination
at that time. proceed with an Indictment?
asked Mr. Elkus.
MI Cans replied We intend to go on with an
examination"
Mr F,ltlIs said that that was not a promise.
ard asked that the examination go on at once.
Justice Jerome then asked if Patrolman Ed
ward O'Neill was in the courtroom. O'Neill rose
and walked to the witness chair. Mr. Elkus and
Mr.. Cans had brief conference. and then Jus
tice Jerome and MIR. Elkus conversed for few
moments
Justice Jerome then announced that he would
adjourn the hearing until september 70 az *
o'clock. and that Devery would be held in Slooo
bail Michael r. Lyons. Bowery restaurant
keeper, Immediately qualified as bondsmar, and
Devery released from custody.
Deputy Commissioner Devery drove to Police
Headquarters in cab late in the afternoon
The cab stopped just long enough to allow
Sergeant Sugden. who accompanied Devery, TO
jump out, and then drove on. 1he Deputy
Commissioner waived his hand TO the reporters
saving that he would not talk for publication.
Police Commissioner Murphy, who usually ar
rives at Headquarters early in the morning ana
does not leave the building until time TO take
his train for Far Rockaway in the afternoon
varied his programme yesterda-- Taking his
cab at the Mott-st. door of the Headquarters
building he went a mysterious errand for
about an hour and half. When seen after his
return the Commissioner said that he had gone
away on police business but not of a public
nature Later on he said he had not seen Mr.
Croker since the latter returned from Europe
and that he had not heard, excepting in the
newspapers, of Mr.. Croker's displeasure toward
Deputy Commissioner Devery.
MURPHY AND YORK CONSULT
Second Deputy Commissioner York came over
with the Commissioner for an hour. Commits
sioner Murphy said that Deputy Commissioner
York did not visit him in connection with the
ONein case. The O'Neill case was to have
been reported by Mr. York early this week,
but Mr.. York explained that he did not get the
transcript of the testimony in the ONeill case
until Saturday. and so could not make report
il.
Has the District Attorney asked you TO have
Mr. Pagan, the stenographer who took notes
of the O'Nein trial, brought back from ms va
cation?" Mr.. Murphy was asked
Yes I've ordered him back. he repled.
Has the District Attorney subpoenaeo any
body else" he was then asked
NO He hasn't subpdnaed anybody else
He's asked for some documents which nave
sent him." said the Commissioner. m
THE testimony in the O'Neill case?" queried
the reporter. ~
yes, and some other things" answered MI
Murphy. ,
triaI?" the reporter asked.
No" replied the Commissioner. ,
"'Is the Marrinan case involved at all IN the
requests of the District Attorney" continued
the reporter
mo" said Mr.. Murphy again.