New-York tribune., 1909-06-08
DUFFY BEFORE MAYOR
EVIDENCE F4VORS YOUTH
Family and Employers Testify
Decision Expected Soon.

and the possible removal OF Commissioner Bing-
ham. was completed practically yesterday when
Mayor Mcclellan personally examined George B.
Duffy the Brooklyn youth whose picture the police
retain IN the Rogues Gallery; his parents tAe
priest OF his church. and friends and nelshbors'
Anidavtts of other witnesses will be submitted 10
the Mayor to-day. with a transcript or all the
testimony the case and memorandum on 1t by
Assistant Corporation Counsel Crowell, the Mayors
legal adviser
A decision is expected from the Mayor by Thurs
day AL the testimony yesterday was favorable 10
the boy and the Mayors attitude was interpreted
as favorable. Mirabeau /. Towns, who appeared
20 represent Duffy and Justice Gaynor, termed II
-r.e,tenI, judicial" Seemingly the Mayor took
Toyus's own position that Commissioner Bingham
and The Police Department not Duffy, We're on
trial Indications as interpreted by those around
the City Hall are that the Mayor is likely to de-
liver stiff reprimand to Commissioner Bingham II
no harsher punishment is awarded
Public interest in the case was SHOWN bg lle Iac'
that when the hearing ended and the witnesses.
Duffy and his parents sought to leave the Clty
Hail. they became the centre or attraction lor d
huge throng Of the curious which buneted thein
about until the group separated and the lnd-
viduals were forced TO take refuge in the nearby
law Office Of a friend of MI Towns There the la"
yer for Justice Gaynor and the Du1ys told ABOUT
the case and thence the Duffys and some OF uls
witnesses went back the Duffy home in Wyckon
street. Brooklyn.
Among the witnesses for The youth were Father
J. J. McAteer priest of the Church of Our Lady OF
Mercy in Schermerhorn street who has known
Duffy practically all his life; Father Flynn a
teacher at ST. Paul's Parochial School, which Du1y
attended: George Slaughter. president of the dairy
concern for which the youth works; A klsner' the
foreman. who is in personal touch with MIN eacH
dav and many IF Duffy's neighbors. All testfed
10 his good character and conduct as tney had
known him The Mayors questions were oirect
and TO the point He asked them about their ac-
guaintance with the young man, whether they
knew anything TO his discredit. whether he ever
~, -Eo.o If
characters and whether they would consider him a
desirable person introduce into their own homes
From this examination nothing was produced to
Duh-'s discredit-
DI-FFYS GOOD APPEARANCE
Duffy ard his parents reached the City Hall from
Prooklyn with Mr.. Towns in a taxicab. He was
dressed in a neat gray suit, and looked any
thing but an associate Of criminals and degener-
s+es as the police have tried TO make him out
His sunburned. freckled face bore good hu1nored
smile which never deserted him His manner was
frank at all times. His face might be considered
somewhat weak but there was no indication OF
viciousness.
YouEg Duffy, his parents and Mr. Towns went
into the Mayors Office. The lawyer told the Mayor
that he wished to impress him the fact that the
rolice and Commissioner Bingham. not Duffy, were
on trial in this case: the direct object was 70
remove Dufy's picture from the Rogues Gallery
and secondarily TO convict the Police Depart
rnent Of improper and Illegal activity Then came
course Of the examination the fact brought out
that Duffy had saved two men from drowning
one Jerome Horowitz- = 2R-pounder, VINO no"
lives st No 1a5 Manhattan avenue, Brooklyn, with
whom Duffy swan three hundred yards TO shore on
the dav before he first arrested and photo
Ers2hed; and Frank Walsh, rescued while DUTY
was spending q vacation at Lake Gear futhaIh
County Mr. Towns said that the young nsn was
in correspondence with the Carnegie Hero Fund now
about these rescues, after having refused rewards
for the rescue OF HoroHitz-
L went the Mayors Office 10 represent DuTIy
ana Justice Gayncr," explained Mr.. Towns after
the examination had been ended. The record OF
this case in the courts is perfectly clear The ooy
never was convicted CT any crime The facts are
all matters public record In all these cases II
was found that charges could be preferred
against him and they were dismissed wanted 10
impress on the Mayor that Duny's rights had been
invaded BY the police. that he had been photo
sraphed and measured before he had chance 10
rlesd before magistrate which Is entirely con
trary 20 the Law. All this being perfectly clear II
IS up TO the Mayor say whether he would couh-
tengnce the act of Commissioner Bingham in keep
ing Dufy's picture and measurements in the gal
lery unlawfully-
The diversion which the police and Commis-
sicner Bingham sought to create by saying that
duffy was the associate Of degenerates and that he
knew Collier and associated with Moran and Don
reEan was Eratutous libel, and you can state
enphatically that four witnesses testified under
oath that Duffy never knew Collier, while at least
ten witnesses testified that his morals were exelp-
,arv Il was shown that tie boy had steady en-
rloyment from the time he was graduated from
Public School Is. Andrew Sherman. his principal
there testified 70 the boys character and good
-7ora1s HIS present employers testified that he
vas charged with the collection Of between SN"
and 500 week. that his accounts were correct
and that he was industrious, capable and or good
morals they knew. For years this boy $
-notI3er has been trying get his picture out OF
the Rogues' Gallery. She and her husband tried IN
aain and finally enlisted the aid OF Justice GaynoT
PARENTS TO BRING SUIT
II was stated again yesterday that Duffy's par
ents would bring suit for $4,000 damages against
C-o,,,.,,;ssorer Bingham on account Of this
Talk of another big damage suit against Com
missioner Bingham or the Police Department was
heard Yesterday o-er Rogues Gallery picture IL
seems the picture OF Jacob Rouss, partner or Louis
Grant a lawyer. of No. 90 Nassau street is IN the
raliery and is much distressed thereby Two
Years ago Ro1Iss was counsel FOR Ringelrnan,
policeman who dismissed following trlaI De-
lsore Deputy Commissioner O'heefe- Rouss took
the case the Appellate Division, submitting q
transcript Of testimony taken at the police trial
The Appellate Division ordered the reinstatement
OF Rngeman On December % Of last year Rouss
was his Office by two detectives. Grant
went with him Police Headquarters, where he
was charged with having falsifed the stenographic
records the strength OF which the Appellate
Division ordered Ringelmans S reinstatement. Then
though Grant urged caution and delay, Rouss's
friends say the police photographed and measured
him by force. subsequently releasing him on bail
Corporation Counsel Pendeton, for Commissioner
Bingham. asked the Appellate Division in Brooklyn
10 Get aside the decree that Ringelman be rein
stated on the ground that the transcript of tesd-
ynony had been falsif1so- A decision handed
down sustaining the former decision and declaring
1hat no proof Of fals,acation had been produced
Rouss now wants his picture taken out Of the
gallery.