The evening world., 1912-08-30
Former Inspectors Counsel
Calls Waldo'S Aide as De-
fense'S Chief Witness.
WRANGLE AT HEARING.
Corporation Lawyer Demands
Time and Case Goes
Over for a Week.

lime ana CdSe oOeS
Over for a Week.
Cornelius q. Hayes, one time In
spector OF the Fourth District, now
suspended Captain OF the police sta
ton in remotest Tottenville since his
shield was ripped from his Jacket in
the presence Of Commissioner Waldo
two weeks ago. went on trial before
First Deputy Commissioners Douglas
]. Mckay at Headquarters to-day.
Before the proceedings had pro-
crossed Ave minutes Hayes'ss coun-
sci, Thomas ID. Thacher, raised
snag which caused the adjournment
Of the trial until next Friday.
Whether expected by Commissioner
Mckay or not, Mr.. Thacher's immediate
contention that Mckay could not sit as
trial Judge because. later In the pro-
cecdings he would be called upon 60
"substan initiate an important part Of the
evidence adduced" brought about a long
wrangle between Mr.. Thacher and As
slstant Corporation Counsel Terence
Farley. and the ultimate adjournment.
HAYES DEMANDS iMMEpiATi
TRIAL By ANOTHER JUDGE.
The counsel OF the former Inspector,
accused OF making an untrue statement
to Commissioner Waldo, fought long ard
hard for an immediate trial OF the case.
Though Deputy Commissioner Mckay
at hrst denied his motion that another
trial Judge should sit. because OF the
legal inability OF the Deputy Commits.
sioner himself. Mckay soon rstrea 81
from his position and admitted that the
trial could not proceed until the Cor
poration Counsel had given ruling
upon the question raised by MIR. Thachsr.
| !, was weighty phalanx OF blue and
gold and plush that filed into tho trial
room to occupy a front seat Inspector
Schmittberger led the van. and with
him were inspectors Cornelius F. Gaia.
lane. william J. Lahcy. 0:orse n. Titus.
George W. McClusky. and Stephen
|
moncd as WITNESSES and 20 ties ify that
they reccived~or from the Commits.
sioner different from those -.ayes Le-
clared he had received. Behind these In
spectors was u motley collection OF po-
licemen and citizens.
Hayes came In with slls counsel, Mr..
Thatcher and Reed, Schley. smiling
and with an air OF confidence about the
set OF his head on his shoulders. II
was a few minutes after 10 o'clock that
Commissioner Mckay assembled the
bench and raped for order. After the
lpreiiminaries OF reading the charge
against Hayes and accepting his plea OF
mot guilty" Deputy Mckay recognized
Mr.. Thatcher as Hayes's counsel.
M'kAY TO be IMPORTANT WIT.
NESS.
II wish to state at the beginning" h,
said, that the defense protests agains
the presence AS Trial Judge OF Deput,
COMMISSIONER Mckay. For. during tn.
. course Of this trial. he viii be called a.
Z q witness to substantiase an importan
Z part OF the evidence submitted"
Q Since no Judge could pass upon hi
I own evidence. Mr.. Thatcher declared
I his conviction that another Commits
), sioner should sit at the trial.
DO you make motion. MI
), Thacher?" asked Deputy Mckay.
Mr.. Thacher then put his formal me
ton Tor SUBSTITUTION MCKAY prompt
denied II.
Then Assistant Corporation couns'
q Terence Farley arose to say the sue
ha saL an d,
"a eFsuoh. M'' A"ae"el ."i"euie'o'
Y asked IL that "ean' "'oaon ior ~
a )ourniheht MT faiey saiu nc "ea'
" hoth'hs OF 'he h'nu' no "", "e'
ID the aues.oh 70 DC '"'e..eu wv ,"" %
* ia'e'y' " na."e, sau ~. y
u 81, nno
n 49, ss 'ournmsn,
a. tat tal IN