New-York tribune., 1902-06-06
MLELLAN UNDER ARREST
MAGISTRATE CRANE ORDERS A COM
PLANT TO BE MADE OUT.

sERoME REFUSES 70 PRosEcUTE-A W.T.
NESS GIVES DAMAGING TESTIMONY
AGAINST COUNTY DETECTIVE
The efforts Of District Attornev Jerome to
prevent the arrest of Robert s, Mcclellan. his
county detective. and stave off a judicial in
vestigation of the shooting of James F, Mccoy
in the raid IN East Fortv-seccnd-st, on Mon
day afternoon ended in dismal failure yester-
day. Magistrate Crane. in the Centre-st. court
acting information furnished by Abraham
Ciruher. held Mcclellan in 5000 bail for ex-
animation June II. in spite Of Mr. IeTone's
protests. To save the detective from the hu
n1a tion of being in duress. even for an hour
Fritz Lndirger. the president of the Liquor
Dealers Association. vas induced to become
McLelan's hondsman.
Mr.. Gruber appeared in court d, 3 T. m. &C
companied by Thomas J Mcguire porter At
the Sherman House, IL East Forty-second-st-.
and told Magistrate Crane that he represented
NJ, Coy. having been retained by McCoy's rels-
tives. II have here" said Mr. Grube~. "a wit
ness who was in the Sherman House at the time
Mccoy was shot This man. Mcguire. will swear
that he saw Mcclellan take Mccoy into the
saloon after the shooting. He will swear that
he told Mcclellan he had done cowardly thing
in shooting Mccoy in the back of the head He
will swear that Mcclellan replied that he did
not shoot at all, but that Mccoy bumped his
head against nail in jumping out OF the poor
room This disposes of the story that Mcclellan
shot9in self defence. desire TO cooperate With
the District Attorney, ana in view of the fact
that have this witness ia the shooting. sus-
gest that the District Attorney make out
complaint.
INSISTS THERE WAS NO CRIME
There is nothing on which to base a COM
nlaint." said Mr.. Jerome. who stood beside Mr-
Cr,ber. and had Mcclellan and several assist
ants at his back.
Then you decline to make complaint
asked the magistrate
81 shall take no action until some facts are
brought forth to show that crime com
mitted'
- understand" said Mr. Gruber, that the
District Attorney admits Mcclellan did the shoot
ing"
Mr. Jerome said the only right way was to
summon witnesses and base complaint on their
testimony if the facts warranted an arrest He
declared that he would ask the Attorney General
to prosecute the case if action was taken against
Mcclellan.
Mr. Gruber- said Magistrate Crane. with
evident fmpatience Il desire you to make out
an affidavit on information and belief and have
your man sign it
Mr. Gruber took his witness before a clerk,
and Mcguire gave the information Mr. Gruber
had said he was willing to swear to- When the
affidavit was signed and sworn to Magistrate
Crane handed it to Mr. Jerome while NC
Lellan was called to the desk
There is no basis for a warrant here, sald
Mr.. Jerome THE affidavit is made on informa-
ton and belief Your jurisdiction is purely IN
quisitoral
II have the right to hold this in bail or
without bail" said the magistrate
The Supreme Court has decided that magis-
trate cannot hold information and belief L
have had cases thrown out of court every day
because they were based on information and
belief"
None of my cases have been thrown OUT
retorted Magistrate Crane
J. j. Rollins was then put forward as Nc
LeIlan's counsel, and Mr.. Gruber said he was
willing to have Mcclellan paroled in the CUSTODY
of the District Attorney pending an exaTnina-
tion. The magistrate said he was willing out
Mr. jerome retorted: What does that amount
to? Nothing Suppose the man runs away?
DO you refuse 10 be responsible for him.?
u am responsible only for myself
- LOT TO BE RESPONSIBLE FOR"
You have lot to be responsible for" re- !
marked Mr. Gruber. with grin. and there was
a litter in court
Il win hold the prisoner in $1,000 bail said |
Ma gistrate Crane and after some more talk it |
arranged tnat MCLeldaS
should proceed on June Il at ?. m. Magis- |
trate zelIer will be sitting in the court at that
time.
Mcclellan was not taken to the Tombs after |
the decision in his case was announced. He was |
kept in the magistrates room in charge Of a
policeman until Fritz Lindingev appeared soon |
after % r1 and furnished bail for him Lin |
dinger gave as security house in Ocean Park |
way. Brooklyn
Mr. Jerome said later that he had suspended |
Mel eIIau from duty, and would keep him at his |
house in Rutgers st until the examination. IL |
the Attorney General would not send deputy
10 act as prosecutor in the case he saids he
would ask Judge OF the Court Of General Sss-
s;ons 70 appoint special assistant district at
torrev tcf act He declared that Magistrate
cane had broken rule of the Board of Magis-
tes in taking the complaint ont Of the district
in which the shooting occurred without the re-
quest of the District Attorney
McCoys apparent improvement continued az
Bellevue Hospital Yesterday. He was visited by
his sisters and he recognized them and talked
cheerfully about his chances for recovery. The
surgeons said he was rational and was recover
ing his sight and his phySical condition was
fair In the absence OF blood poisoning or spinal
meningitis the surgeons added, his recovery
might be expected.
TUE JIcHEoAD To CHICAGO