New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-10-21
INSPECTOR CROSS ON TRIAL
CHARGES AGAINST HIM AND TWO CAP
TAINS. BASED ON RIOT. HEARD
COMMISSIONER PARTRIDGE REFUSES TO
DISMISS CASE AGAINST HERLIHY-TEs-
TTMCNy Ac.rN--r D01 TOE GIVEN.

TIMONY AGAINST POLICE GIVEN
The trials Of Inspector Adam a. Cross cap
tain Joh7 D. HerliEv and Captain Charles Al
Der'son' Of the DeIancey-st. station We're on
the calendar 70 he tried before Commissioners
Partridge in the trial room at Police Headquar-
ters yesterday. The charges aIIeGe that cap
tam HeTlihy failed To provide sufhcia1t ponce
escort on July RI last at the funeral OF Ranbl
Joseph Inspector Cross is charged WIN max
ing false reports of the cause Of the trouble IN
front Of r. H. Hoe G. Co.'S factory, n Grand
ST. at the time of the funeral. and Captain Al
bertson. it is alleged was not on duty when the
procession was Passing the factory OF Hoe & Co
Inspector Cross and Captain Herlihy were rep
resented by Attorney Abrsm l. Elkus, and Cap
tain Albertson's counsel was Frank i. DAVIS
Charles Mellon and Leroy ". Ball jr., assistants
In the Corporation CounseFs Office, prosecutor
The case Of Captain Herlihy was first called
ana IT was agreed by counsel on both Slues thaV
any testimony brought out in his trial De al
mitted in evidence so far as 1t related 10 the
charges pending against Inspector Cross ana
Captain Albertson. BY this agreement counsei
hoped to save time.
Sergeant Brady Getired), who was IN charge
OF the information bureau on the night before
the trouble was the first witness called He
said that Captain Herlihy was in command at
headquarters on the night OF July -. when
Israel Levy called and asked for permit 1or
the procession. Sergeant Brady said Mr. Levy
remained about twenty minutes. and first called
about 10 o'clock that night Witness further
said that between 10 and IL o'clock on the same
night. after Mr.. Levy had left headquarters. he
received a telephone message from Mr. Levy. He
said the arrangements for protection he had
found were inadequate. and asked for addl-
tonai men.
Did you make the following entry: Seventh
Precinct. one roundsmau and seven men'?"
asked Mt Mellon.
L did. but it was an error" replied the wit
ness
Yes 1t must have been mistake" echoed
Inspector Cross.
Sergeant Brady said that he informed the
Seventh. Twelfth and Thirteenth precincts Of
the funeral to be held on the afternoon of July
80 and selected two men from each precinct
and one from another and ordered them to be
on hand when the funeral procession started.
Witness further declared that Captain Herlihy
had retired the night Mr. Levy called and had
not been informed.
When Herlihy was put the stand he de-
clared that he was not informed that a permit
had been applied for and knew nothing of the
parade of twenty thousand people in honor OF
Rabbi Josephs though he duty all that
night at Headquarters.
night by saying that permit such usual
thing to ask for that it was not necessary TO
inform the captain in charge.
The prosecution announced it's case against
Captain Herhy, and Mr.. Elkus at once moved
for dismissal OF the charges on the ground
that no proof of any offence had been shown
and nothing TO substantate any OF the alIega-
tons against his client. Counsel further said
that while Captain Heriihy outranked Sergeant
Brady, Sergeant Brady nevertheless the
head Of the information bureau and was not
dictated to by any one
Commissioner Partridge said in reply that
Captain Herlihy regularly in charge OF
Headquarters the night in question and was
held responsible FOR what was going on by
the men under him.
Tt has not been brought out by the evidence
said the Commissioner, that CAPTAIN Herlihv
looked at the blotter further than to see IL
there was any place where his name should be
signed"
Commissioner Partridge denied the motion for
dismissal ana Mellon reserved the right TO put
In later any testimony he might see At.
The case OF Inspector Cross was then taken
up. He pleaded mot guilty"
Sergeant Henry Cohen, OF Inspector BrOokss
office, identified many entries made In the blot
ter among which a telephone message
from r. Hoe & Co. telling of the riot Witness
identified also a message from one Mr.. Gold
berg asking for additional protection. Cohen
said he Immediately ordered the reserves OF the
Ith and 18th Precincts sent out. This was be-
tween 10 and 1880 a. m. Witness testified that
at 1890 another telephone message was received
asking for still more men. and Immediately fifty
more patrolmen from various precincts were
dispatched quickly possible.
After several other witnesses had been called
who gave materially the same evidence as those
who had testified before. the case was adjourn
ed until this afternoon