New-York tribune., 1901-09-17
LAW CLOSES IN ON DEVERY
HE MAY BE ARRESTED TO-DAY ON
CHARGES BASED ON HIS BRUTAL
UNFAIRNESS AS A JUDGE.

todsy on a warrant issued by Justice Jerome,
charging him with neglect of duty and oppres-
sion. 1t has been definitely decided, at any
rate. to proceed against the commissioner GRIM
inally. and that The complaint is based
on his refusal to listen to witnesses for the
defence in the trial of O'Neill, and his actions
in the cases of Marrinan and Monahan
conference was held in the District Attor-
ney's office yesterday. at which ways and means
for compelling Commissioner Murphy to oust
Devery discussed, and it was decided that
whether Murphy did or did not take measures
to rio the police force of Devery criminal
charges would be preferred. The method de-
cided upon is the easiest one that could be de-
yised. 1t will avoid the necessity of attempting
to prove that Devery is party to the petty ex-
tortion of money from policemen to prevent
transfers. or that he is guilty of other offences
For Of these more serious charges PROOF
would be exceedingly difficult to obtain, while
for the charges that will be preferred, as speci-
fed above. 1t is necessary only to produce the
stenographer's minutes in the trials of ONelll
and the other policemen and to allow the
many persons who were in the trial room at
the time when he heaped upon the officers such
abuse TO testify.
Sections III and 556 of the Penal Code cover
respectively charges of neglect of duty and op-
preston. Section $50 reads follows:
"A public officer or person pretending TO be such
who unlawfully and maliciously under Pretence or
his will or q seizes or levies upon anoiners @
tenements. tD does any other act whereby
another person is injured in his person property
rights. commits oppression and is guilty of
misdemeanor
Neglect of duty will be the principal charge
in the prosecution. Section III is entitled Gen
eral provision as to neglect of duty 1t reads:
public officer person holding public trust
or employment, upon whom any duty is enioined by
law. who wifuy negects to perform that duty
is guilty Of a misdemeanor
The duty of any trial officer or judge is to
give fair trial to any accused person and TO
listen to both sides of a In the case of
ONeill al least, Devery did not perform this
important duty. The fourth subdivision in Sec
ton 556 will be the authority for making the
charge Of extortion.
The conference at which 1t was determined to
take measures Immediately to suppress Devery
was attended by Justice Jerome, Colonel Robert
Grier Monroe, of the Committee of Fifteen; Hen
ry De Forest Baldwin. counsel Tor the policeman.
Edward O'Neill; w. II. Corwine secretary of
the Merchants Association, and Assistant Dis
| trict Attorney Cans. The Merchants Associa-
| ton is extremely anxious to have Devery re-
| moved and will give its earnest assistance to
any proper measure that may be taken for that
purpose
whether it would be better to arrest Devery
summarily warrant and proceed with
magisterial examination before bringing the
case into the grand jury room. to obtain his
indictment at once from that body. in the
case of Captain Diamond. The majority of the
conferrees preferred the former method, arguing
that 1t would do away with the delays that
would result from motions to transfer the case
or for change of venue Both motions, it was
ha1fa od ha v1ada and
particle of law that would make for delay and
postponement would probably be used. BY
rying the case directly into the Court of Special
Sessions the list of motions that could be made
for the purpose of causing delay would be
terially reduced.
treated common malefactor and summary
brought into court, as was his wardman, Glen
non. short time ago. the impression made on
the public would be greater.
The conferrees decided that the simpler
charges would, if they pushed to a sue
cessful issue, result in the deposition of Dew
cry. All that was necessary was to convict him
Of failing to give ONeill fair trial according
to law, and to prove in the court the prepos-
ferrous tyrannT that he exercises in the trials
of policemen.
That it had been decided to strike without
more warning than unavoidable was evi-
denced by the reticence of those who had the
case in hand None of the interested persons
would say that a warrant had been issued or
that the arrest would be made to-day; nor would
any of them either deny affirm that Devery
would be brought before Justice Jerome, al
though all willing to admit that that was
a logical inference from their actions.
What Devery thought of the probability Of his
arrest to-day could not be learned, for he dis
appeared from his accustomed haunts last night.
AT his home ii was said that he might be home
tonight, and he might not"
CROKER HEARS THE NEWS.
News of the proposed arrest OF Devery
reached the Democratic Club and the leader of
Tammany Hall in a somewhat dramatic man
ner Mr. Croker chatting with Mr.. Slat-
terry of the architectural firm of Horgan &
slattery. when Daniel F. Mcmahon chairman
of the executive committee of Tammany Hall,
hurried to Mr.. Croker. touched his arm and
said:
1T is important that / should see you"
What is it?" asked Mr.. Croker.
There's a warrant out for Devery'
Whats DeVery been doing now ?"
Mcmahon drew Mr. Croker away to a corner
and they talked for several minutes Mr.. Gro
ker'S face assumed serious look while he
listened. A club messenger then spoke to Mr..
Croker, and both men walked up the corridor
| and met Assistant District Attorney Osborne,
who was standing at the doorway Of the red
drawing room mopping his brow Croker Nc
Mahon and Osborne held consultation. with
the Devery warrant a subject When Mr..
Osborne hurried away Mr.. Croker and Mr.. Nc
| refused to say anything about the warrant or
| the case to reporters.
When Deputy Police Commissioner Bernard j.
York. of Brooklyn, who was at the club. was
| asked what he thought about IT, he said:
isn't that an unusual proceeding? 1t strikes
me that the charge OF oppression is a little odd
and unusual. / suppose 1t has been done to
| have some effect on the election
The idea that the action had been taken
| purely for election purposes seemed to prevail
among the members OF the club who were
| present.
TRIAL OF RETVTZAN WHOLLY SUCCESSFUL