The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-07-04
NEVER SAID 'APPERTAININ' TO.
MIR. DEVERY FORMALLY DIS
AVOWS A FAMOUS PHRASE.
How 1t Got Into tho Department Record
or His Remarks He Can't Explain
Not I'm tho stenographcr's Notes Now
which In FmDOrt amt tn Ex-C CON Mencke


Not I'm the stenoEraphcrs Notes Now
Which Is Important to Ex-Cop Mencke
William Stephen Devery, ex-Chief OF
Police and now Chief Of the Bugs, now de-
MES that he ever made use Of the immortal
expression "touchin' on an appertainin'
to- He not only denies 1t, but adds that
the words were falsely put into his mouth
by them dispensers Of public opinion,
meaning the reporters.
This and some other valuable information
concerning Big Bug Devery and his manner
OF conducting police trials in the days gone
by developed yesterday at hearing before
Abraham r. Lawrence, as referee, to deter
mine whether or not the stenographer's
minutes Of the trial OF Patrolman G. A.
Mencke before Devery on April II, 1901,
have been tempered with. Mencke was
dismissed by Commissioner Murphy on the
recommendation Of Devery, who was then
First Deputy Commissioner. II WAS at
Mencke's trial that the famous expression
first sprang into notice as creation of
Devery's fertile brain, though he now dis
owns it. Mencke was tried for neglect Of
duty in failing to report an attempted
suicide. He is suing for reinstatement,
alleging that Mr.. Devery was prejudiced
against him and refused to allow him to
call witnesses
Police Commissioner Partridge made a
return to the writ OF certiorari obtained
by Mencke, attaching a certified printed
transcript of the minutes Of the trial. Re-
Gently the Corporation Counsel asked
to be allowed to amend this return, saying
that some fraud had been perpetrated
and that the photographer notes had been
altered so as to favor Mencke's allegations.
Justice Blanchard appointed Mr. Law
renee referee to take testimony rs to whether
any such alterations had been made.
Louis j. Grant, l.. j. Hsmel and Jacob
Rouss appeared for Mencke. Messrs. Far
ley and Byrne, assistants to the Corpora
ton Counsel, appeared for Police Commits
sioner Greene. Joseph A. HaSgerty.
Headquarters stenographer, who acted az
Mencke's trial, produced his original notes
concerning Devery's remarks to Mencke
He read them as follows:
Mr. Devery to defendant-I don't think
you want TO do your duty. am going to
close this case am going to reserve de-
oision with the recommendation that you
be broke for failing to do your duty touching
on this case. l have fined you thirty days
this month. fined you thirty days on April
l. This case Is closed and decision Ia reserved,
and l will recommend to the Commissioner
that Mencks is dismissed from the depart
ment.
The version in the printed transcript,
which. it is alleged. has been altered for
Mencke's benefit, reads
Mr.. Devery-I don't think you want to
do your duty. am going to close this case.
Your record is the worst seen, am going
that you be broke for failing to do your duty
Defendants Counsel-We wish to be heard.
present who will testify,
MI. Devery-l don't want TO- hear your
witnesses You're I!I,o no good This case II, y
recommend to the Commissioner that Mencke
Is dismissed from the department.
Haggerty swore that his notes were
correct, but he could not explain how the
transcript was different. He admitted
that there were some erasures In his notes,
but asserted that they did not affect that
by Mr.. Farley.
what was your official position ON April
II, 1902" was asked.
Devery tugged at his big mustache,
grinned and replied: Il was First Deputy
Commissioner of Police
Excuse me-" he continued; that Is,
was acting as such l still think I am
Chief Of Police, you know And the Big
Bug laughed aloud. In response to further
questions, he said
Il remember tryin' this Mencke several
times. but l amt patricia on the dates
/ have forgot all about the Police Depart
ment, an l don't remember much about
them cases now; they was 80 many can't
tell what the charges was. | don't reool-
lect anythin' about just what occurred in
Mencke's case on that day. Pm not wllin
to swear what occurred that day. AS say,
my recollections OF matters OF that kind
Is thing OF the past
The transcript containing the alleged
insertions was then shown to the Bug candi-
date for Mayor. He read it over and said
deliberately as he leaned back In his chair
and stroked his mlstache;
Il will state that that part OF that para
graph has been used very often, !
mean 'touchin' on an appertainin' to-
lDevery smiled expansively here. But
have never made any such remarks to my
knowledge, in any way. shape or form.
notes say, they must be correct, as have
always had the utmost confidence in the
photographers OF the department. Their
notes, az a rule, went by l never knew
OF any slips or mistakes bein' made in
any Wayne changes. This is the first
instance of anythin' Of that kind oocurrin';
1t never did in my time to my knowledge.
II the stenOgrapher's notes says that | said
'touchin' on an appertainin' TO- then !
must have said it. That's not his notes,
you say, ehr Well, II that's the record /
will stand by the record of the depart
ment.
After this voluble explanation, Devery
was asked II he used to give instru ctions
to the stenographers to leave out certain
Of his remarks. He banged his fist on the
table and answered loudly:
Il gave instructions to pretty much
everybody under my command, and
can't reoollect what l said to the stenog-
raphers. But l never gave them no such
orders az that. No, Mr.. Farley, excuse
me. Don't go too far. I can't remember
details.
Devery was excused, as Lawyer Grant
declined to cross-examine and James D.
Hanley, clothing salesman, who gets
orders for police uniforms, was called.
He had attended the trial. In fact he
nafvely remarked:
Il used to attend all tho trials, because
1t interested me to find out who was good
and who was bad what men could trust
and what men l couldn't. The Commits
sioner, Devery, you understand, was q
He would bring up something original
used to sit every trial out and do once in
a while now, but in them days used to 20
and see the Commissioner try cases because
used to like the way he hit some of the
fellows. l don't think they always got
their just deserts.
an this case | thought the case was an