New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-07-31
C0WARDICE CHARGE OFF
ONE PATROLW.4N FREED.
Bingham Says "Get in Danger and
1Uoi6 White Feather.

The evidence AT the trial yesterday Of Patrol
man Tracey Rosa for cowardice in allowing
the escape Of Frank Warner after he had shot
down Miss Esther ,Iorng showed that while he
might have committed error in judgment
there was nothing to substantiate the charge If
cowardice- Commissioner Bingham dismissed
the charge and found the patrolman not guilty
but at the same time made an address warning
him that his escape had been narrow one He
told the patrolman that not only must the police
he clear of all signs Of the white feather" but
also must avoid any semhlanCe Of cowardice
The next time your life is in danger or YOU
think il is in danger" he told the police in the
trial room. see that il gets in danger"
i do think" said the Commissioner later
that the evidence has excused Rosa absolutely
No ble0lsh rests on his character or on his
courage. think that Is established clearly"
The trial Of Patrolman Steve Walsh viii ne
resumed to-day. and the wfseacres at Haadquar-
ters are trying tn forecast the verdict in his
case arguing from the vindication of Rosa.
While all Of them believe that the evidence and
his own story are much against him, they recall
that twice his unsubstantiated word has been
accepted, first when he testified alone against
the entire platoon Of the oak street station,
whom he charged with hazing him. causing the
breaking Of three men. and second when he
charged by his sergeant with being forty
five minutes off post. In this case his defence
was conspiracy and he was not only discharged.
but the sergeant was reprimanded.
James j. ONeill. the engineer Of the Spalding
Building. who a witness against Walsh the
day before. the first one called yesterday.
Part Of his testimony the same on the
previous day He said that Rosa stood at the
foot OF the stairs for about five minutes and
about the same time in the upper hallway. lie
said the man went upstairs with plain clothes
man. He was not in the building when the shot
was fired a Walsh.
John P. O'Neill. the next witness. said he saw
Rosa IN the entrance with his revolver pointed
toward the second floor. O'Neilrs brother, the
engineer, he said. had warned the officer not TO
shoot. as a tailor was upstairs. Edward Pierson,
another witness against Walsh, corroborated
this and was followed by several others with
similar testimony.
When Rosa took the stand he said he had
been on the force for two years. only one
charge has been made against him before the
present one, and for which he received repri-
mand.
On the morning of the shooting July 23. he
said he was at Madison avenue and I'D street
and was told that a woman had been shot. lie
went 10 her assistance and tried 10 get state
nent from her The woman lapsed into uncoh-
seriousness and died. He said he then went after
the murderer and learned that several officers
had gone upstairs in the Spalding Building after
Warner. Patrolman Cummings, whom he met
in The corridor and Patrolman Shanahan went
upstairs and at the suggestion or cummings,
who in plain clothes hossa Went ~ guar
the door Fx-District Attorney RidgWay MADE
q strong plea to the Commissioner. prsisng the
force in general. and then asked the Commls-
.s;oner to dismiss the complaint
NJ Ridgway. in making his motion to dis
miss said the policemen should he commended
for making an enort 20 get d stdIeliIei'' ii0iii
the dying girl.
Now. let me have something TO say" said the
Commissioner. rising from his chair Atten-
tion"' sang out Inspector Walsh, who has been
st,a 2 police
I'D in front OF the Commissioner, who then
made this speech 10 them:
won men all know that can't stand for
snv white feathers or any yellow streaks or
anv cowardice on this force, and we don't have
10 There are plenty OF you fellows, and almost
without exception for thirty years there mas
not been proven charge OF cowardlce against
any this force. and it is the duty OF
every one Of you TO see that that proud
record is carried on. as l have not the slightest
doubt in my mind that it will be.
Here is a man, charged with neglect OF duty
and alleged cowardice. He is not guilty OF
COW ardice, as far as this evidence has shown.
There Is however, this 10 be said--it is a narrow
squeak The next time your life : in danger,
or you think IL is in danger, see that il really
gets in danger. The whole point of this in
vestigation turns Oh whether you were justified
sn guarding the foot Of the stairs and the ele-
vator. was inclined TO think that, finding an
ofioer there on your arrival, you were not jus
fiied in staying there. that it was your bust
ness 20 go upstairs. But apparently the crowd
vHss SO great that the tWo-of YOU were necessary
90 keen il in order. 1t WAS probably good judg
rnent in leaving Mill there to guard the door
while YOU and the other officer went upstairs.
Then comes the point when something happened
upstairs. and you thought there was somebody
there.
You had your revolver. and you called out
20 him One thing in the evidence as il stands.
however. proves that II would not be fair 20
charge YOU with cowarSlce Tor not having
jumped upstairs, although that is really what
YOU should have done The fact that when the
other officers arrived YOU all went UP and you
still said 20 Mill: Take care Of these stairs
that saves you from the charge OF cowardice
But still. and remember il, you men. 1 would
. great deal rather you would jump after the
men you're after and let the retreat take care
IF itself. Don't he blamed careful Of what is
behind YOU. I do think, however, that the evil