The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-02-11
BROOKS GIVES TlGHE CREDIT.
Police INSPECTORS TESTIMONY
HELPS CAPTAIN.

/
Raid TO Lose Ills Hcad--Sunsfine as n
Defence for Chat Beside Baby Carriage
The trial Of Capt. Tighe got far enough
yesterday TO have Inspector Brooks give
his testimony and then bumped UP against
another postponement, this time till next
Wednesday.
Tighe's counsel, Louis j. Grant. vigor-
ously opposed the delay. Prosecutor Linds-
ley asked for it on the ground that he want
ed 10 find out II the Supreme Court Is going
to allow him to compel the unwilling Wit
nesses to testify by virtue OF the Downing
law.
If can compel them 10 testify, = he said,
1then I shall call some other witnesses
who know would refuse II ! called them
now
i insist exclaimed Grant. that the
prosecution call all its witnesses. There
Is nothing on the records to show that these
witnesses would refuse. And ] want to say
herr, to get il on tho records, that do not
object to any witnesses testifyiug. If they
object because 1t would degrade or incrmi-
nate them that's their lookout. l.
Now l object shouted Lindsey, TO
testimony by the counsel concerning his
aims and purposes and Intentions utless
he's sworn. ] move all this be stricken
from the records
well nowl- retorted Grant, sthat's
the first time I've ever heard statement
by counsel called"
The statement is stricken OUT inter-
rupted Trial judge McAyoy.
Grant began 10 say something, when
McAvoy remarked with a large smile,
a ia
time by statements
The point was we'll taken in the court
room Grant has secured the reinstate-
ment Of several dismissed police officials
through the records of the police trials.
Inspector BROOKS testified concerning
raid directed by him on Nov. 80 on l27
Macdougal street in which Schwacke, one
of the recalcitrant witnesses, was arrested.
On the day Of the raid Tighe was sum
noned to Headquarters and kept there
until Brooks and his men started out.
Lindsey fought for the point that Iighe
merely accompanied Brooks but Brooks
declared that Tighe assisted him; that
he picked up some of his own men on the
way over, who took part in the raid that
he swung an axe himself, exercised super
vision in parts of the building where Brooks
could not be. and finally that Tighe was
the officer in the case. Brooks said:
by direction of the Commissioner /
turned the case over to Capt. Tighe and he
searched the prisoners at the station house.
Commissioner McAdoo has decreed that
the Tighe trial must go on without iail
on Wednesday.
Whether the Supreme Court decision
reaches us by then or not, he said, -the
case must 10 on then positively and con-
tinuously thereafter. II II ia decided Inter
that we can force these witnesses ~ testify
we will recall them
The regular police trial calendar. which
was unfinished on Thursday, was contu1ced
Yesterday and filed the afternoon. Del
mar f. Gardner OF the West Forty-seyenth
street precinct. charged by Capt Flood with
having tipped or an alleged disorderly
house 80 that couple OF plain clothes
men failed to get evidence, was found
guilty, and his dismissal from the force
was recommended. Gardner maintained
that be entered the house for the purpose Of
arrestlng two women. He was of duty at
the time.
Eugene O'Sullvan, bicycle policeman,
was up on charges OF conversation with
woman. He cross-examined Shcohy
Roundsman Maher
Vow, roundsnan. what was the position
of ths woman
oh She was rolling baby carriage"
said Maher
Was she facing north or south?'
East.
Where was the sun shining from1'
From the heavens Of course.
Wasn't the sun shining in nv face2'
Numbered o sullivan = IL she was facing
east and / was talking to her. wouldn't |
have to face the sun in the west? And would
| he likely 70 stand lettering in conversation
with my countenence all wrinked up by
facing the sum-
Maher was labbergasted
Lindsey said You're a good LAWYER,
O'Sullivan, good talker. fine you two
days
Hereafter, when there is big calendar
like this weeks said Mr.. McAdoo. 81 have
directed that it shall be divided and both
MIR Lindsey and Mr.. McAvoy shall hold
court Some arrangement will also be
made TO avoid holding a whole platoon OF
duty rs has been done for two days by this
Gardner trial That's a serious detrinent
to the work Of the force.
Gardner had the whole platoon of which
he was a member subpGnaed AZ witnesses.
Az matter Of fact the men on each day
they have been held went on duty at mid
night, and il WIS their own time which was
used up in the trial room.