New-York tribune., 1902-06-04
FOODY ONLYREPRIMANDED
COMMISSIONER PARTRIDGE FINDS THE
CAPTAIN GUILTY.
rxpr.1Ns THAT IT WAS FIRST CASE OF
THE KIND. AND THERE WAS NO EVIL
DENCE OF BLACKMA1L.

Police Commissioner Partridge created sur
nr;sa hath in and out of the Police Depart
ment, late yesterday afternoon by annouIlclLs
that he had found Captain Michael f. foouS
euiItv of neglect of duty, and had DECIDED tidI
Foody's punishment was to he-a repriihailu
Foody was tried on charges prepared oy DlslllO'
Attorney Jerome after the policemen at the west
Thirty-seventh-st. station demonstrated ina !
thew could keep the saloons closed on 0uhudS Il
they wanted to enforce the law. The evidence
at Foody's trial was that most of the saloons IN
the precinct were allowed to remain open on
SUNDAYS before the revolt without police in
reference.
A long general order was issued by Commits
sioner Partridge to explain why he found Foody
guilty and thought the captain ought not to be
dismissed but merely reprimanded. 1t contains
the following:
Every officer of the force is bound, not only by
the general rules law and the regulations OF
his department but by the special provisions of
the Iionor Tax law to see that the plain require
ments Of that law complied with Sonnlalluttills M
force under them in order to make arrests in
excise to the exclusion OF arrests i9r m ed
offences Nor are plain clothes men TO ,a nf tons
specially for the purpose OF dlsc2vfphg ieea
sales of liquor. except In cases where by reason m ca
the i'll repute or disorderly chafactGr rae % oI ,fp in
terest. But every commanding officer and every
member of the force under him is rs9meI m ,FIic
violation of the law. For example. doors 10 pdi :
rooms must be kept locked on sundays; screens
must be taken of the windows: persons mus
not be admitted barroomS. sales OF liquors hluSl
not be permitted in the barroomS or hoteS.
Taking all the circumstances of this case mo
considera ton, we'll the further faCt thit tiS
Is the first complaint for neglect OF duty on t.e
mart Of any Of the superior officers or the iorcG III
connection with the Liquor Tax law Whcn mas
haar1 brought before me, and there was no evil
lieve that it would be unjust to Captain fooGy 20
dismiss him the force, and that the ehuS vi
discipline will be fully served in TINS case pS
reprmand .o5. 70
Rut this must not be deemed a precedent II
evidence shall hereafter be brought before me
showing failure on the part of the police TO en-
force the plain simple requirements OF the stttutt,
and the case is established to my satlSiactloll d
more severe penalty will be inflicted.
The Commissioners order carries with 1t the
reprimand for Foody and directs that the or
der shall be read to the police in all the stations
and posted in a conspicuous place in each sta
ton. . :,
When the nature of the Commissioners de-
cision was made known to District Attorney
Jerome he smiled, shrugged his shoulders ana
said: ''Yes?" with a rising Infection. BUT
rye nothing to say" he added. This is one
time that 1 am not doing any talking
Captain Foody was last evening IN the
West Thirty-seventh-st. police station. Wheh
asked what he thought of the decision Of Com
missioner Partridge he looked serious, and re
plied: II have been asked that question several
times Tonight and each time have refused TO
say anything / will add this time that good
soldier never comments on the actions or ms
superior officers"