New-York tribune., 1912-08-31

green clusters OF electric lights. branch-
ing out from oak CorinthIan columns
with gilded tops. Behind those lights sat
the trial commissioner.
Upon the announcement Of the entrance
OF the First Deputy Commissioners every
one IN the room was ordered to arise.
Then Mr.. Mckay took his seat behind
the great desk. Immediately Thomas d.
Thatcher. attorney for Hayes, jumped 10
his feet. faced the Commissioner and said;
II want to make motion.
When Mr.. Thatcher, who Is short
stocky young man. speaks he thrusts his
head forward while his jaw muscles
stand out like ribs. Pointing his fore-
finger directly at the Commissioner, ne
said:
You will be in a position, sir. 70 cor
rect and corroborate, or contradict ana
deny, a substantial point Of the defence
to these charges. II Is, OF course undi'-
puted that no Judge can decide case
and pass upon his own testimony. !
think that II should be suggested In this
case that II would be proper for another
deputy to act as judge" Then the nttle
lawyer sat down.
ANY other motionr" snapped Commis-
sioner Mckay. -. ..
Il hoped that 1t would not be necessary
10 DO more than make that suggestion
Mr.. Thatcher spoke quietly. but his Jaw
muscles stood out more strongly than be-
fore His motion was denied, however
Then Terence Farley. the Assistant
Corporation Counsel. who is acting as
prosecuting attorney for the Police De-
partment slowly. arose and remarked
that he thought the suggestion very
good one. He added I'VE don't want to
be IN a position of going on with the
trial only to find the Commissioner dis
qualified. II might be necessary TO retry
the case
Mr.. Thatcher jumped 10 his feet, thrust
forward his pugnacious chin. and
shouted:
do / understand that you ask for an
adjournment. sir2''
No. Mr.. Farley had merely said that
Mr.. Thatcher's suggestion was good
one. Whereupon Mr.. Thatcher remarked
that the Police Department had had
ample time In which TO be advised on
this novel" point Of law, which. he
thought, was aS ''old as the hills" Ho
didn't think that an adjournment was at
ell necessary. Turning 10 Mr.. Mckay, he
said:
"A subpoena vas served upon you, sir,
as a witness OH the afternoon OF August
2S"'
The Commissioner then informed the
two lawyers that he had reconsdered the
motion and would reserve his decision.
Mr.. Thatcher said his client lived In
Tho Bronx, and each morning had 10
report 10 the Tottcnviile station In Statei,
Island. whore he had been assigned. That
took all the morning, he said. His client
was reduced Ia rank. publicly disgraced
and suspended from the department with
out pay, and was forced tn make the
long trip daily lie reminded Mr.. Mckay
that Commissioner Waldo hai urged d
speedy trial OF the former inspector.
I'VE insist" he added. that the case
proceed without delay Hc then sug-
gested that Commissioner Waldo call
upon some other deputy who had not
been called az a witness Mr.. Farley then
ueCIdItn tnbt ne must ~ ~ hD'h
downtown and there look up the disputed
question of law. Perhaps that could be
accomplished by Tuesday. he thought.
Fist crack out Of the box" said Mr..
Farley to Mr.. Thatcher, you say the
Commissioner is disqualified. II you arc
IN a hurry for trial why do you make
such an objectlon?" once again certain
Jaw muscles stood out clear and firm.
and young Mr.. Thatcher arose in hts
seat to say:
II merely want 10 say this to you. SIR.
Your ideals Of the profession should make
you agree with me that II is my duty TO
my client to mako such a statement"
Then he sat down, and the trial Com
missioner said. Postponed until 10 a. n.
next Friday"