The sun. [volume] (New York [N.Y.]) 1833-1916, 1912-09-05

Continued from Ftrst Page.
terfere with the places. Mr.. Mckay
expressed not only surprise, but indig-
nation against Hayes for making such
an assertion.
| When Mckay. Hayes told Mr.. Whit
man. expressed surprise that verged
upon anger, the ex-inspector decided
that the best way to convince the First
| Deputy Commissioner that Mr.. Waldo
really had interfered was for both to
20 before the Commissioner and ask
| hi mabout IL.
Hayes says he therefore went to Mr..
| Mckays Office at headquarters.
To Mr.. Waldo himself and with Mr..
| Mckay as a witness Hayes says he re-
peated the statement that the Com
missioner had expressly told Hayes that
he was not to enter the houses for evil
dence. that he was not TO raid them and
! that he must not even station any Of
his men in front OF the Illegal resorts.
Thereupon. Hayes told the District At
torney. the First Deputy Commissioners
was amazed TO hear Commissioner
Waldo back up every statement that
Hayes had Just made. Hayes further
! more said that Commissioner Waldo,
while Mr.. Mckay still was in the Of
| fice. again repeated his instructions to
Hayes not to interfere with the places.
says Mckay was Arrested, b.t Not
Held.
HAYES told the District Attorney that
he knows Of an occasion one night when
Mr.. Mckay was arrested and the lieu
tenant on desk duty at the West Forty
seventh street station refused to hold
| him when ne learned the Deputy Com
missioner's identity. Following this re-
| fusal OF the desk lieutenant to hold Mr..
| Mckay. Hayes says Commissioner
Waldo received information Of the oc-
currence. The Commissioner. says
Hayes. took no action whatever.
A hint Of the strength Of the defence
ex- x-Inspector Cornelius G. Hayes is build
having made a false statement to Com
missioner Waldo was given yesterday
when letter written to Chief Magistrate
McAdoo by Commissioner Waldo was
made public.
Hayes was denoted and suspended for
having maintained that his Instructions
from Commissioner Waldo were moi 10
raid disorderly houses without orders
from Headquarters. The letter which
Hayess friends argue supports his claim
was written by Commissioner Waldo in
answer to one from Chief Magistrate
McAdoo asking some questions which had
be en- suggested by the examination of
Lieut. Charles Nelson before Magistrate
Corrigan when Nelson refused 10 serve 4
warrant on a disorderly house.
The letter follows:
Mustn't Enter to Get Evidence.
Police Department. City Of New York
once OF the Commissioner. July 81. 1912.
Hon. Wiihom NcAdoo. Ch,ef Cuv coisfro,.
Belgrade Lakes. Ne.
MY DEAR JUpoE ! have your letter OF
July 20. Under the present regulations
OF the department members OF the uni
formed force and OF the detective bureau
are not permitted to enter alleged gambling
houses. saloons. or alleged houses OF prosti-
tuition for the purpose Of obtaining evidence
All work in connection with the enforce
iment OF law against places OF this character
y intrusted to special squad known as the
Central Otice Squad
The police officer had no right 10 refuse
TO serve warrant at the request OF agis-
trate. ! hope you are having a pleasant
vacation and to see you upon your return
r. WALDO. Police Commissioner.
Hayes will point to the refusal Of Nelson
to serve the warrant as evidence that
there was an order in the department
prohibiting members Of the uniformed
force from entering disorderly houses.
Lieutenant's story Helps Hayes.
Magistrate Corrigan. who has always
ben interested in the administration of
the Police Department, was greatly sur
prised by Nelson's refusal to serve his
warrant and asked the reason for the re-
fusal 1t is said that Nelson then swore
that under orders from Headquarters
he could not enter a disorderiy house
for any purpose without obtaining per-
mission from Headquarters.
As far as the restrictions in regard to
, gambling houses are concerned it is
, known that shortly after Commissioner
, Waldo took Office he relieved Second
Deputy Commissioner Dougherty Of the
duty OF conducting gambling raids and
made the inspectors responsible for the
closing Of gambling houses in their dis
tricts, Commissioner Dougherty has
stated tia conditions became such that
early in the spring Of this year it was
found necessary TO turn good part OF
the gambling raids over TO his office again.
Inspector Hayes is believed 10 have
other letters in his possession which bear
out his statement that he was ordered not
to raid disorderly houses without per-
mission. One Of these letters is said to
have been written to the president Of
an anti-vic society. Thomas d. Thacher.
counsel for Hayes, has stated that the
ton.
District Attorney Whitman will submit
to Justice Goff to-day written motion
asking for a special panel Of $50 talesmen
Jrom which to choose jury to try the
murder case against Lieut., Charles Becker.
He will also ask il the order ia received
from Gov. Dix authorizing a second
extraordinary Grand Jury. for special
Grand Jury panel OF fifty to be convened
in October.
The John Doe proceedings will he held
up until then. for under the law only
one special Grand Jury can be called
in a month for an extraordinary term
of the Supreme Court.
When Mr.. Whitman makes his mot ion
before Justice Goff for a special panel
Of jurors in the murder trial. John +.
Mcintyre. Becker's counsel will renew
his plea for post ponement Of the trial.
Police Commissioner Waldo will appear
as witness before the Aldermanic com
mittee investigating police conditions,
A subpoena was served on him yesterday
in his Office. The subpoena calls for Com
missioner Waldo's attendance on Sep
AnUnhAr IA