New-York tribune., 1902-06-14
CAPT. FOODY INDICTED.
THIS MOVE BY THE DISTRICT AT
TORNEY BELIEVED TO BE a SLAP
AT COLONEL PARTRIDGE.

police CAPTAIN Michael r. Foody, OF the west
,-hjrty-seven5h-st station, who recently was
tried by Commissioner Partridge for neglect oi
rsuty in permitting saloons to do business IN ms
precinct on Sunday, and who was iouhu suiI'S +.
but was let off with reprmand, was lholC'e'
yesterday by the grand jury. District Attorney
Jerome who prosecuted Foody before the Colfl-
missioner had presented 70 the grand jury tfie
evidence in the case. After the indictment was
announced Mr.. Jerome said he had acted WIN
aut regard 10 what had been done at Police
Headquarters. and he intended 10 follow up t'ie
prosecutions of police offenders. no matter what
action the Commissioner might take. He de-
dared that he would try to bring Foody TO trial
n the criminal court at an early date
Foody was called 10 Police Headquarters carry
n the afternoon and informed Of his indictment
Je was placed under arrest technically out
.e was not under restraint when he went from
Police Headquarters 10 the Criminal courts
3u,ldlng. His counsel, ex-Judge W. VI. K
olcott, accompanied him TO the part OF the
Court OF General Sessions where Judge Foster
vas presiding When Foodv was arratgned on
he indictment MIR. Olcott said;
This case was before the Police Commits
ioner. and III his decision there no sugges-
ion that CAPTAIN Foody was criminally re-
ponsible for the condition Of his precinct. fhe
Commissioner found him guilty on the technical
ry that he 0lC not use ali lFlt NA1eAN
le could have used to keep the precinct clean.
duch 20 my amaZenlent. the District attorney
ent the case TO the grand jury. and this indict-
nent returned. That is an easy matter
when the District Attorney asks for it, But
fter the punishment imposed upon Captain
roody by the Commissioner, / think Il only
roper that he be paroled in my custody The
harge is not serious enough to hold MIN IN
all, and when the trial is called, ana ooupt
that will ever be, he will be in court.
This Indictment is result Of a bit of pro
orney has vented his spleen on me. The Dis
rict Attorney cannot indict me, but he can in
let my man and thereby punish me for vic
CRY have won.
Assistant District Attorney Cans jumped TO
is feet angry at the way his chief had been
auled over the Goals and strenuously opposed
ne paroling OF Foody. He argued that the
rarge against Foody most serious and
hat 1t was unbecoming of his counsel 10 sug-
est that the captain be paroled.
HE should be treated the same as any other
rirninal," said Mr.. Cans.
WHAT asked Mr.. Olcott- This man a
rirninal? He is only under Indictment
Mr. Cans suggested bail in $1,000 or SZ,9ep,
nd Mr. Olcott asked that II be fixed at Sl,oeo
his was done, and then Judge Foster paroleo
-oodv in the custody OF his counsel until the
apers were filed out. Bail was furnished by
lderrnan Kennedy, who had accompanied the
aptain and his counsel 70 the court
The Indictment OF Foody was regarded at
.olioe Headquarters a a slap at Commissioner
,srtridge When the Commissioner was asked
he would suspend Captain Foody, he SAID
No" but he declined 10 make any comment Oh
2e indictment.