New-York tribune., 1902-06-05
NO GRAND JURY NEEDED.
JEROME SAYS he HAS DECIDED THAT
MLELLAN Is INNOCENT.
MAGISTRATE CRANE REBUKEs DISTRICT
ATTORNEY IN OPEN COURT FOR
sHIEI DING DETECTIVE WHO
SHOT MCOY.


court by Magistrate Crane yesterday for pre-
venting the arrest Of Mcclellan, the county de-
tective VINO shot James F. Mccoy in the raid
at the Sherman Hotel. in East Fnrty-second-st-,
on Monday afternoon. He was told by the
magistrate that he shielding his detec1iFe'
that he was usurping the right of a committing
magistrate in passing judgment on the case, ana
that Mcclellan should have been put under ar
rest immediately after the shooting. BY order
Of the magistrate the county detective was pro-
.auced in court, but MT jerome refused to make
a complaint against him. He Will take the
detective to court again to-day. when there
probably will be a formal complaint on which
the magistrate can hold Mcclellan pending an
investigation.
Magistrate Crane was moved to order the
production of Mcclellan and ask for a com
plant against him because OF the apparent
intention of District Attorney jerome TO pre-
vent the arrest cf the detective and a
judicial investigation of the shooting of
Mccoy. Mr.. Jerome heard one side of the
case-the detectives side-and announced his
decision that the shooting justified
He declared that the detective was shot at by
McCoy's escaping companion, and had the right
20 shoot back He stuck to that position, al
though it was shown that Mccoy was unarmed
and could not have threatened harm 10 the de-
tective: that Mccoy was shot in the back of the
head when he was running away. and that the
shooting was on bright afternoon. when there
was no excuse for shooting the wrong man
even if that man happened to be near bad
companion.
Moreover the detectives story that he was
shot at before he shot Mccoy needs corrobora-
tion. friends of Mccoy say. It has been as
serted by people who were the Sherman
Hotel at the time OF the raid that Mcclellan
did all the shooting The bullet that entered
the back of McCoy's head took upward, in
stead Of a downward, course. yet the detective
said he fired from the roof of an extension when
Mccoy was the ground. It is said by others
that the shooting OF Mccoy occurred when the
detective was in hot pursuit of him and right
behind him.
This is McCoy's own version of the shooting.
he was able TO make a more connected state
ment TO Coroner Jackson yesterday afternoon:
On the afternoon Of June was in a pool
room in the Sherman House. / realized that
the place be raided. and attempted TO
escape through window into yard which led
into East Forty-first-st- l got out Of the Win
dow into the yard, and it that time I
heard the report Of pistol, and realized in a
moment that had been shot ] know the man
who shot ne His name is Mcclellan He is a
small, miserable man, attached to the District
attorneys Office l know IL was Mcclellan be-
cause have seen him on many occasions.
never carried a revolver in my life. Only cow
ards carry weapons. Men OF nerve, real men,
ngnt their battles with their fists. I was the
man with the bank roll-the one they were after.
0iy partner got away. I can identify Mcclellan
as the man who shot me.
Mccoy was not pressed to tell the name Of his
partner, who escaued- Coroner Jackson de-
clared that if Mccoy died Mcclellan would be
held without bail for the grand Jury The
coroner is opposed to having Mr.. Jerome act
as lac has done far in the case. 1t was said
az Bellevue Hospital yesterday that Mccoy
might recover The surgeons were mistaken
when they said the bullet had cut the optic
nerve and that he would be blind if he lived
he was able to recognize his son and his two
sisters who came TO the city from Boston
yesterday.
District Attorney Jerome went into the Centre
tTete Crane yesterday morning He was asked
% produce Mcclellan in court and he replied:
j viii produce him in court at once if Mccoy
dies"
i think he ought to be here now said Magis-
trate Crane i think your office will be in
better odor if you produce him now. ! would
axe TO nave you send for him
Mcclellan was sent for, and when he appeared
there was brief talk, in which Mr.. jerome re
peated his declaration that the shooting was
justified and that Mcclellan ought not to be
arrested. The magistrate said there was never
- a case of shooting in this city, even justifable
N shooting by q policeman, that was not followed
III by arrest He directed that Mcclellan be
" brought before him again at p. At that
hour T. ]. McManus, of McCoy's counsel. was
present, and asked that the District Attorney
be instructed TO make a formal complaint in
ofoer thaI Mcclellan might be held pending the
result of McCoy's injury.
The man is innocent said Mr.. Jerome with
show Of anger. I have been over this com
pleteiy, and there are facts that show any
crime. If any judicial proceeding is begun I
will request the Attorney General to take cha rye
of the case. as the man belongs in my Office"
Magistrate Crane urged the District Attorney
te produce az affidavit which Mcclellan
could be held and said: 1T is not right for you
to be shielding this man, if he is in your office.
EIr. Jerome said he could not be placed in
the position of accusing innocent man, and
the court rejoined:
You may say he is innocent, bat it is my
duty 10 have him discharged, held or what
ever is necessary; but this man, because you
think he is innocent-because he is in your
ofice-that does not justify him in not being
brought before me- and 1 cannot and do not
intend TO have my prerogauVes taken away
from me because you say he is innocent
Mr. Jerome still refused TO make a complaint
against Mcclellan, and the magistrate said:
This man should not be permitted TO go away
from this court without a complaint against
him. in Justice to the man shot
Mr.. McManus said he had heard that Mccoy
was shot in the back deliberately, and that no
shots were fired by any man except Mcclellan.
He was urged to make affidavit on informa-
ton on which Mcclellan could be held but he
asked for adjournment Of the case and for
the production of Mcclellan in court again at
rriscners taken in the raid at the Sherman
Hotel is TO 90 on. Magistrate Crane consented
with apparent reluctance. and Mcclellan was
allowed 10 depart
SAYS JEROME HAS a -SWELLED HEAD"
CHARLES 4. HESS TALKS OF ACTION BY
THE GOVERNOR.
Charles A Hess who aspres tc succeed Dock