New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-09-08
UNSHAKEN
BY PROSECUTOR
Continued from first page.

smiled, and taxing courage i'O 49,
the inspectors who were present "heh
Hayes defied Commissioner Waiuo' anu
who have attended the trial under SUD-
mona also smiled. Policemen IN the
rear of the room, further remover
from the judicial bench, sometimes
laughed aloud.
The only setback that Hayes receiver
during the entire day was wheh MS
counsel, at the opening OF the I'D!
session, tried TO get on record the ue
tails of all that. happened on iast
Thursday, before and after Hayes
temporary reinstatement.
But in this Mr.. Thacher was parity
successful for 1t was conceded ny
Deputy Commissioner Mckay that
HAYES had been reinstated I'm due and
legal FORM"
This reinstatement. though only Tor
a few minutes, has, according 10 prom
inent lawyers, nullihed the entire pro-
ceedngs against Hayes. as that ACT
Of Commissioner Waldo, in the opinion
of many, placed Hayes in Jeopardy
twice for the same offence.
One Of Mr.. Farley's first questions
was to inuuire what intentions Hayes
had when he was transferred to the
4th Inspection District.
II went to the 4th Inspection Dis
trict," said Hayes, in a steady tone,
with intentions to clean it up
Did you receive any instructions
from Commissioner Waldo at the time
Of YOUR transfer with respect to disor-
Derby houses?" asked the cross-exam-
iner
Il did not, and not until some time
afterward," answered Hayes.
Did you receive any orders in re-
gard to any special conditions in the
district at the time of your transfer
Yes sir. l was given orders with
respect to gambling houses and was
also ordered to keep the streets clean"
Then YOU proceeded against the dis
orderly houses in the manner YOU per
ceived TO h your duty
Yes sir"
"All the time"
Until I received orders from my SUI
perior officer not to do So"
Explains Notification Of Law.
Hayes was asked If he knew the law.
He said he did. Then he was asked
II he thought an order from a superior
officer justified him in multiplying il.
When superior officer issues an
order said Hayes measuring each
word and thrusting his chin forward.
II take It for granted that he has very
good reasons for issuing IL and obey
IT,"
MIR. Farley then tried to break down
the witnesses testimony Of the previous
day with regard TO the conversation he
had with Commissioner Waldo in front
OF the FL Dorado, sd street and Sew
enth avenue. although Commissioner
Waldo had admitted that he had such
a conversation with Hayes. when under
fire by the counsel for the defence
Hayes repeated again that Waldo
had told him not to modest disorderly
houses where there were no outside
conditions. such as soliciting from win
dows. 10 indicate the character OF the
house
Were there any outside conditions
in the Robespierre and the two other
apartment houses you raided?"
No" answered Hayes.
Mr.. Farley thought he saw All open
ing In this. and asked;
Why did you raid the Robespierre
and the two other apartment houses, 4
Commissioner Waldo told you not 20
interfere with houses where there were
no outside conditions?"
II used my own judgment. | had re-
ceived complaints from Catholic cler-
gymen.'
Then il Commissioner Waldo gave
you instructions not 10 raid those
places you disobeyed his orders"
Yes. technically"
Mr.. Farley then ran down the seven
or eight months. ending with the raids
last February on the Robespierre. dur
ing which time Hayes raided two or
three disorderly houses each month.
Hayes recalled the circumstances in
almost every case that brought about
the raids In every instance he said
complaints had been received by ad-
joining property owners. and ne cited
the names and addresses. At this
point Mr.. Farley read a copy Of let
ter received by Commissioner Waldo
from Mayor Gaynor, which had been
sent to Hayes. This copy was sept to
Hayes on January >. and It imputed to
the Mayor an order forbidding police
men from paying money 10 women for
the purpose OF obtaining evidence or
from entering houses OF III fame. !
Could Not Overlook Complaints.
The inspector was asked To explain
how he could justify his rading disor-
DERBY houses after the receipt Of the |
copy Of Mayor Gaynor's letter He an
swered that he could not overlook COM
plants from reputable citizens.
IL was not until his conversation |
with Commissioner Waldo after the |
OBSERVATION-DISCLOSURES