New-York tribune., 1911-10-21
Mr.. MR.WALOOEXCUSESjUDCE
Mr.. Swami Not Called as Wit
ness Against Policemen.
ONE CASE IS DISMISSED
Belief at Headquarters That the
Charges Growing Out of Horay
Trial Will BE Dropped.

With utmost consideration for the time
and the work Of Judge Swami, of General
Sessions. Mr. Waldo, Commissioner Of Po-
lice. Yesterday determined not to ask the
Judge to testify in the trial Of the police
men accused Of testifying falsely at the
recent trial OF John Horay on a robbery
charge. Judge swami had offered 10 ad-
iourn court. even though he considered Mr..
Waldo's subpoena an abuse Of process, 10
give his testimony deeming it his duty. as
he said in a letter to Police Commissioner
Waldo. TO cooperate with the Comms-
sioner in every way possible" High police
officials seemed TO think, however. it would
be shame to drag the Judge from the
bench. even though his testimony might
throw some light upon his serious charge
that in his belief the accused men had
committed perjury. So the judge was not
called.
The policemen were arraigred before MI
Dillon. trial commissioner. He dismissed
one case. adjourned another and in the
Others reserved decision. 1t was gener-
ally understood at Police Headquarters
that all the charges would he dismissed
20 that, unless Judge Swami personally
takes some action. the public probably has
heard the last OF them.
Horay is in the Tomhs. convicted Of
grand larceny. With him Patrolman
Reuben r Huntington was Jointly indict-
ed. The complainant was John kondra-
tinck. a Russian peasant, who has been IN
this country only six months. He said
that on May II he visited the Horay nat
at No. 297 Avenue B. and that Horay
robbed him Of S05. Huntington. the Rus
sian said. was there.
Horav confessed, declaring Huntington
-sot his share" Other men were impli-
Gated, and Judge Swami caused charges
10 be made against patrolmen who tried TO
prove an alibi for Huntington.
Acting Detective Sergeant James J.
Burke. Of the Detective Bureau, was one
Of the men arraigned before Deputy Com
missioner Dillon yesterday He was
charged with failing 10 arrest Horay for
q money consideration and with having al
lowed him 10 walk 10 the station house
without being in custody. An incidental
charge was that Of making false state
nents to Deputy Commissioner Dillon HIS
case had nothing TO do with the cases or
the other men.
After hearing Horay. who was brought
I'D from the Tombs. and other witnesses
the Deputy Commissioner dismissed the
charge Of accepting money, but on the
other specifications adjourned the hearing
IN Burke's case until Wednesday. HoraY
testified that he had given Burke go not
70 lock him up. Mrs. Sophie Horay con-
+~adicted her husbands testimony. Other
witnesses all Of whom were foreigners,
also gave contradictory testimony:
While testifying for himself Burke broke
down In tears he told the Commissioner
that the reason he had not been frank
with him as TO delegating his duty OF
watching Horay to Israel Feinbere, Of NO.
esi Avenue 3. was that the latter had given
him valuable information.
"Why didn't you tell me what he told
vou9" asked the Commissioner.
i regard such secret information as sa-
cred"
You do eho" thunderad the Commits
sioner. you think it right to keep infor-
nation from your superiors, from the head
Of YOUR bureau. in a criminal action. You
have peculiar ideas"
Lieutenant Robert Mills. one Of the men
named by Judge Swami. pleaded not guilty
and his case was put over until Wednes-
day. PaUolman James - 'a6b'i'' -
planned his testimony, and the charge
against him was dismissed. Decision was
reserved IN the cases Of Sergeant Max
Abel. Sergeant Merritt and Patrolmen
Charles a sauer, Paul J. Byrne and Frank
j O'Brien.
After the trial Deputy Commissioner Dill
lon said that while he was convinced Of
the guilt Of Huntington, the stories told by
the policemen accused OF perjury-that
they had seen Huntington at various times
in the station house on the day Of the rob
rery-were neither impossible nor improb-
able