The Sentinel=record., 1912-09-07
DiSoRDERLY HOUSES NOT TO BE RAlDED UNLESS "oUTWARD DE-
 cENcY" WAS VIOLATED.
NAME OF MAYOR BROUGHT UP
Hayes Relates Several Conversations With Waldo Proving That He
 Followed Orders When He
 Permitted Vice in District

New York, Sept 6.-Whether Police Commissioner Waldo gave general instructions" to suppress disorderly houses and private verbal orders to allow them to run, as long as condi. tions of outward decency' were ob- served, became the question at issue today when c. c. Hayes, suspended in spector, was placed on trial before Deputy Police Commissioner Douglas l. Mckay on the charge of making a false statement in regard to his police duties.
 While Hayes wa sostensibly the de fendant, Thomas D. Thatcher. counsil virtually transformed the trial into q probe of the police department and an arraignment of the police of Mayor Gaynor toward the regulation of vice.
 The attorney grilled Commissioner Waldo in an effort to show that out ward decency' was the criterion by which the mayor wished the question of vice suppression to be determined, and then put Hayes on the stand to prove that the commissioner had given the inspector verbal orders in pur- suance, of this policy. and had not countermanded them until they had become public.
 Hayes enphatically denied that he had made a false statement when he told the commissioner the latter had ordered him not to make raids on dis orderly houses except on the commits sioner's instructions.
 In accordance with these instruc- lions he had made no raids, he said, since February, although previously he had made many and had cleaned out" one inspection district.
 It was on August &. or about the time when the scandals growing out of the Rosenthal case were being aired that Commissioner Waldo. according to the witness, threatened to fire aim7 for stating that he had received such orders
 This he threatened to do on two subsequent occasions, Hayes testified, but it was not until August 16, the day after the publication of an inter- view from "an inspector who was quoted as saying he had received such orders from the commissioner, that Waldo made good his alleged threats by suspending him and reduc- ing him to a captains rank.
 Hayes mentioned two or three con versations he had with MT. Waldo Tn regard to supposing orderly houses.
 Do you remember a conversation you had with Waldo on September 5?" asked MT Thatcher.
 h .,f 1n XNaCf Enrf V seventh street police station, the ap- pointment having been made over the telephone l made tour of my dis trict with him. As we passed a dance hall the commissioner said to me there is a dance hall downstairs and A house for prostitution upstairs. II there is no outside disorder it is well to have them in such a pace rather than on the outside. :"
 MT. Thatcher then handed Captain Hayes a list of disorderly houses raided by him.
 "In these cases where arrests were made did you act in accordance with orders from MT. Waldo?'
 q did not. I made those arrests on complaint of reputable citizens. They were all in apartment houses and up until last February"
 "On February 13 last, Commissioner Walso sent for me. Hayes continued. "The commissioner said, I thought you were keeping an eye on disor- deriy houses?' said I was. MT. Waldo said I have been told by newspaper man that the raids your men made were for the purpose of graft. Keep your men out Of disor- derly houses and in future if you get a letter or complaint bring 1t to me before you make a raid and make raids only on my approval.
 The witness described his conversa- ton with Waldo on August 8 as fol lows:
 when I came into the commission er,s nresence. he said: Hayes, what are you doing about the disorderly houses in your district?'
 q replied, nothing
 sWhy?' he asked.
 Because you told me not to- l replied.
 "Tn fire you right now if you say that. said the commissioner making A threatening motion with his hands
 "Did he fire your
 Not that day" replied the witness.
 On August 15. the commissioner sent him a letter ordering him to suppress disorderly houses in his district, which. he said. was the first letter of it's kind he had received from the commissioner.
 Every material statement Hayes made. each previously put in the form of question by Mr. Thatcher, was de-