New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-09-30
CROKER SAYS NOT GUILTY
HIS TRIAL BEGINS BEFORE THE COM
MISSIONER.
sr,pp WORDS WITH CHIEFS COUNSEL
Mr. sTuRGIs SAYS THERE IL NJ
FTREPRooF BUILDING.

--bs trial Of Fire Chief Croker. resonant with
clashes between his counsel and the
., ,he charges Of INSTRUMENTATION Incompetence
.n5 violation Of The department regulations oessi
YESTERDAY before Fire Commissioner Stursis' N
hta, ,bo has Feer reinstated first going TO mead
quarters In Great Jones-st. Tor a SNORT uiiio- 10
counsel J. J Delany. accompanied him 10 tie -
rnissioner's Office. where the trial began
CORPORATION Counsel Cosby assisted tne coiHiie
sfoner when the charges hHd been read' oecfetai ,
Taarv fe3ug the one 70 prefer the charges MI
relsrv read reasons why the trial should not pr
,>ee6-that the commissioner was incompetence -
sit as trial judge because he was All iioe,
marty. that h, had manifested a preJuoice III IN
-,r.sejnP in his report 10 Mayor Low that Cilie'
croker vas guilty: that nc had nlanlIes'el
and prejudice in Suspending Chef croker pm "
making the charges. that he was diSqua4lheu
auss -,-in- TO filing the charges. he stated 'i0t
-, r. ,osr guilty Of INSTRUMENTATION, which
-. .4,e basis Of one of the charges. and mat he
was the accuser OF the CHIEF
Commissioner Sturgis denied me nloiiV"- -.
A., r,eIsr1 then moved that the charges he dis
missed because they showed no FloisIioi' VI -
department rules; that AR beary was iLo i az.
her of the force and that the charges were no1
fled within reasonable time afFer the
of ta,e alleged offences, Mr.. sture'S oen'i'e
motion. - -l., Croker to
- =, she frst charge Mr.. Delany oferen the
,,laa hut the commissioner said the TuieS -, =
a rersonsl plea from the accused 'iai- M :
Croker pleaded not guilty 1" '1o
specification ,,x. s-,o-,,stencz-
- TO- Of life and property AT the Park Avenue
Hotel fire was first taken up Assistant CoI toi
Counsel Cosby said that he expected 10 prove @
q. 1T.br,srv 1890 CHIEF Croker issued an oFoHl
~ - ,,e,+io,7s that had formerly been
- .,,d that I'm consequence such 1nsTeotioi'
US not made at the Park Avenue do1el, anu 'i
,-b,ef Croker had not enforced the ruie iai" ~
~ ex-rornrnissioner Scannen for the proper man
l.sS1T TT1c
hundred feet high. -, :, >.
=, Tong and tedious nv Delany objected 10 each
oues4jon and answered and argued al leils'ii "a "
,,os1tso, 80 each ruling Of the Commissioner
C,-r witness told Chief Cookers counsel mat h7
z a., ,,.;rl,+ If the Park Avenue Hotel by
,,v 10 the roof and dropping linen tape meas
,,re - his assistant below de admitted 'hst u
line Cid not fan quite perpendic1arly' because :"
distractions the building lie Courn "'' ''
the width az the obstrrctions.
You are not obliged 10 guess MT S'ursis IN
serrupted-
Il beg Of YOU not 10 instruct the witness said
Mr. nelanv and moved that the testimony De
stricken out.
Il am not instructing the witness" replied the
5o,n-ssioper with some heat. and your motion is
denied
Malachi Toouohus foreman attached 10 Hook and
Ladder Corrany No. Z thirty-two years in the de-
rsrfuent said the last inspection he mace OF the
Park Avenue Hotel in April, 1872
..yyhx did YOU make no later Inspection asked
Mr. Cosby.
In compliance with order issued from the
chiefs Office on October 2. 1929.
The order in question issued ny Chief Croker
was read from the records On March u. 1902. an
other order was issued. cancelng the order OF oc-
fober 2 1899. and restoring the order Tor hai1-
yearly inspections, The witness said there was no
standpipe in the Park Avenue Hotel before the nre
Since then standpipes had been put in
Mr. Delany protested that the questions and an
swers were removed from the subjects Included II
the charges and specifications against Chief Croker
hut Commissioner StuTgis could not see 1t In thai
light
Would you have consider II your duty, the
commissioner asked. prior TO that order Of octo-
Der. 1892 10 inspect the Park Avenue Hotel and
make report any violation you knew
They had complied with the law
You don't understand my question" interrupt
I'd the commissioner
The question was repeated. and Captain Donohue
said that If the order referred TO had not been is
sued he would have inspected the hotel serni-an-
nually.
Mr.. Deany asked Mr. sturgis II the hotel was
rated as freproof.
There is such thing hreproof building. -
answered Commissioner Sturgis.
When Chief George L. Ross, Of the Eighth Bat
TALON, called Mr. Delany objected his
testifying the ground that his name not
included in the list Of witnesses be called served
Chief Croker. Commissioner Sturgis ruled
been made OF the hotel after July, 1901.
Have yearly reports OF the condition Of the
Park Avenue Hotel been forwarded you since
you took charge Of the Eighth Battalion asked
Mr.. Cosby.
They have not
There was an order issued from the chiefs
Once on october ? 1899, ordering that such inspec-
Did you ever receive orders TO inspect the Park
Avenue Hotter
Il did not
Commissioner Sturgis read from a tvpewritteu
paper his reasons for overruling OF the OBJ
9ectons OF counsel, and Mr. Delany said the pres-
ence OF me br1ef belled the statement o
that the charges and specifications and list of Wit
nesses as presented TO the accused had been pre-
pared in good faith. Assistant CorDorator counsel
Cosby had stated that the absence of the names Of
some OF the witnesses from the list was due Ia the
haste in which IL had been compiled and Mr.
soners explanation which gave the legal aIIthorif
under which he admitted those unna
Commissioner Sturgis said he resented the i'm
puNatioh OF counsel, ana explained that the paDer
from which he read had been prepared In sy+iici
patton OF all objections that could be raised go
contained only legal decisions referring 10 such
Chief Ross told Of tie list Regiment Arn,or,, fro
winch Is alleged 10 have started the blaze 1T th1
= downstairs and met the chief Of III. do
1.-THE hoten is gone cunning
There were no firemen and hose in the bc..I
ct that time he said He guests of the botei
walking around the office floor. apparently got
disturbed Up TO that time notice so far -
probably danger. He said he was tie frst fr.,a
IN the building, and he there without am.
comma I'd from his superior officer. -s'i'
John J. Burns. chief OF the Sixth PsttaIior ,,;s
he made no report that the Park Avenue Hotel -
IN danger. as he was too busy carrying OUT The
Commissioner Sturgis said he wanted 10 ask .