The star and Newark advertiser. [volume] (Newark, N.J.) 1908-1909, 1909-01-11
Court Refuses to In
terfere in Ex-POliCe
Captains Case.
JUDGE TEN EYCK SAYS
PETITION COMES TOO LATE
Claim of New Evidence Only
justification for Him
to Act.
BELIEVES DAILY KNEW
WHAT HE WAS DOING
Lawyer Tells of Alleged Threat
to Client Found Guilty
of NOnfeasance.

Judge Ten Eyck, in the Court of
Quarter Sessions today refused to in
terfere in the sentence, a fine of $780,
imposed upon former Police Captain
William F. DAILY, who, when at the
head of the Second Precinct StatioIf
was.caught in Sheriff Sommer's anti
vice crusade, failed to suppress the dis
orderly houses in his precinct and
pleaded non yult.
The court said that for one thing
the application, which was made by
Frank e. Bradner, who will now try to
set the former captain renstated by
the Police Commission, came too late,
and that the indicted man, despite what
Mr.. Bradner said, appeared to know
exao tiy what he was doing at the time
me pleaded.
The move to make the application
vas begun several weeks ago, and il
Mr.. Bradners application had been
granted other indicted officers would
rave appeared ia%couiT and Sought re.-
lief
Mr.. Bradner made his application to
vacate the Judgment, although Prose
cutor Wilbur A. Mott was not on hand
to oppose it by argument, because, he
explained, he had business engagements
elsewhere, and wanted to get rid of the
matter
Depended on Late Chief Adams. :
In connection with the application he
presented an affidavit by the former
captain in which he says that he was
appointed April 10. 1886, and was in
continuous service until April 26, 1907.
He reviewed the indictment for nom
feasance of the September term, 1906,
and said that he pleaded as he did upon
advice of his counsel Then he went on
10 say that ne expected to rely upon
the testimony of the then chief of
police. John H. Adams, who, however,
committed suicide, his intention being
to show that he was victim of perse-
cutioii by officials of the county.
"The petitioner so Mr.. DAILY rected,
meaning himself, "knew Mr.. Adams to
be a man of lovabe character and at
the time of the suicide almost lost con-
troll of himself and almost felt as II
he wanted to put an end to his troubles
as Mr.. Adams had"
1t was further cited in the application
that Lawyer Frank NJ McDermit, who
afterward figured in the case, told Daily
that the sheriff had said that unless
he, DAILY, should plead non vult an
other indictment, one of malfeasance,
would be found by the grand jury, and
that Detective Sergeant Cordially OF
police headquarters. ccrroborated the
statement. That the captain should
send in his resignation at the same
time be pleaded was also set forth in
the petitioners application.
According to Mr.. Bradner. Daily was
put in such a state of mind by all
this that he did not know exactly what
he was doing when he sent in his resig-
nation and pleaded as he did.
"HlegalIy Induced to Plcad.r
'In other words as the DAILY Brad :
ner affidavit ran, 1--WE will show that
Mr.. DAILY was illegally induced to plead
non vult, under threats, which amount,
in my estimation, to duress This will
make the plea fraudulent in the eye of
the law
In discussing the application be-'
sides saying that it came too late and
DAILY knew what he was doing, the
court remarked that if it had been
made on the ground of newly dscov-
cred evidence the situation might have
been different.