The Washington times. (Washington [D.C.]) 1901-1902, 1902-04-22
FOODY'S TRIAL STARTS
SERIES OF WRANGLES
Mr.. Jerome and Captains
Counsel Clash at Outset.
Lawyer for Defense Objects to Hearing
on Ground 1t Is for Interior Pur-
pose.

NEW YORK, April 81 = The trial OF
Capt. Michael E. Foody. of the West
Thirty-seventh Street station, on four
different charges, based on seventy
eight alleged specific violations of the
law in his precinct. began this morning
before Commissioner Partridge, and was,
after having dragged On four hours, ad-
journed till tomorrow morning.
The present outlook is that 1T will take
days to examine and examine all
the witnesses, not counting the time that
is sure to be wasted on sparrings be-
tween counsel. That such sparring will
be conspicuous feature OF the trial was
shown today by the lively tits which
former Judge Olcott, who is the princi
pal counsel for the defense, and District
Attorney Jerome engaged in almost as
soon as the proceedings had begun.
Objections to Trial.
Judge Olcott had barely dropped into
his seat, with Captain Foody at his side.
when he began Directing, fishing out the
reasons as he went along from a long
typewriter document. First he objected
to the presence and participation in the
proceedings of the district attorney, and
moved a dismissal IN the ground that
the charges had not been brought for the
purpose of disciplining the accused cap
tain, but in pursuance of some Interior
and wholly improper plan of the district
attorney"
He pointed out that Captain Foody was
ha lot
by the mayors the district attorney, and
other members of the administration. Dis
trict Attorney Jerome was on his feet the
moment Judge Oleott finished the reading
of his plea for dismissal. His face was
slightly flushed and he spoke with con-
siderable emphasis. He said:
IN coming to my Office and looking
over the ground to see how best ] could
discharge my responsibilities 1 soon dis
covered that the police force was cor
rupt and disorganized almost beyond be-
lief of man. Criminal prosecutions in
this county cannot have any efficiency or
success unless We have a good police
force. Mr.. Commissioner. l ask your aid
in making such force. - -
Must Enforce Laws.
Ez--ttle~governor of the State or
7--e 10 enforce law l think 1t must
-orced, and especially when he has I
ie to get an outside force to find the
-9. ness in the department. l want to
...aro this an efficient and organized force.
That is why I am here today. l never |
said that the excise law could not be en-
forced, but declared that it could not al
ways be enforced. save by local consent.
But the district attorney pledged him |
self to enforce the law as strictly as he |
could. Neither / nor you, nor Mayor |
Low, nor anyone else, has the power TO |
suspend the laws of this State; nor can |
we give Foody a clean conscience if he |
tails to uphold the law. We cannot avoid |
our duty because the mayor or somebody |
Else has said some romantic things about |
he extreme of the law being the extreme |
Of injustice
The Trial Begun.
Commissioner Partridge decided that the
rial must go on. and he ruled in the
;ame way when Judge Olcott moved
of the proceedings on the
round that his clients status as an off,
er was uncertain, he being one of the
nineteen captains whose appointment by
he New York board has been declared il
egal by the municipal civil service com
mission. The giving of actual evidence
fearing on the charges began with the
ppearance of Charles F. Dillon, county |
elective on the stand.
The substance of his testimony was that
n the four Sundays of March,, l6, 20.
nd 30-he had visited fifty-two saloons
n Captain Foody's precinct and found
hat the law was being violated in ali of
hem, more or less openly.