New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-09-08
Sticks to Story and Declares
Stenographic Report Of Con-
yersation with Waldo
Is Not Correct.
WAY PAVED FOR APPEAL
Honest DAN Costigan, of the
Strong Arm Squad, May
Testify Against Inspector,
Who Says Restrictions
Prevented Raids.

Cornelius G. HAYES. former in
.nector who is on trial before Deputy
p,uce Commissioner Mckay for MAX
ing a statement that Commissioner
Waldo thinks is false. reiterated time
and again yesterday. under the cross
fire of questions Of Terence Farley.
the Assistant Corporation Counsel in
charge of the prosecution, that the
Police Commissioner instructions to
him were responsible for the exist
ence Of wide-open conditions in the
Tenderloin.
AZ the close Of the days session
Mr.. Farley intimated that Honest
Dan" Costigan. one OF the strong
lsrrn" squad commanders. would be an
important witness against Hayes. He
was speaking at the time Of some
reports introduced in evidence by the
prosecution showing raids made by
lCostigan during the period that Hayes
testified Waldo told him to keep his
hands of disorderly houses
These reports" said Mr.. Farley,
show that Lieutenant Costigan and
other Central ONCE men, some of them
directly under Hayes's charge. made
raids in Hayes's district This abso-
'lutely refutes Hayess declaration that
The kept his hands off"
The prosecution, 20 the surprise OF
Hayes and his counsel, produced a let
ter written by Mayor Gaynor prohibit
Ing policemen from paying money TO
dissolute women for the purpose of
obtaining evidence
In answer TO his CROSSE examiner.
Hayes said that during the six months
he obeyed these alleged instructions 70
the letter there We're many houses OF
I'll fame in his district which he could
have closed.
Charges Record ls Incorrect.
He also charged that the report Of
the conversation ne had with Commis-
soner Waldo in the latter's office just
before he was reduced was not cor
rectly reported by the Police Depart
rnent stenographer. To obviate a SINH
lar happening in the present proceed
ings Hayes has had the forethoUght
to engage his own set of stenographers.
Hayes's counsel, Thomas ID. Thacher.
at another point Of the proceedings.
vent his client one better. This was
when Mr.. Farley objected 70 a ques-
ton Of the defendants counsel IN re-
gard to any conversation hc had with
Commissioner Waldo concerning the
enforcement Of the excise law.
The question is not irrelevant" said
Mr.. Thacher. in reply 20 the Assist
ant Corporation Counsel Yesterday
Commissioner Waldo stated he never
gave any order 10 Inspector Hayes
with respect to houses Of prostitution,
gambling and excise I offer 10 prove
ny this witness that the statement was
ielse In substantial particular"
But Commissioner Wsldo's deputy
oeclined the offer by ruling that the
question was irrelevant
altogether, the second day Of the
nial was another winning one for the
oeienoant. His counsel made no efforts
70 nioe his pleasure, and he overlooked
10 opportunity that presented itself
10 rouse the ire of his opponent. Ere
euehtiy Mr.. Farley would turn his
'pack on Mr.. Thacher and set his jaws
al some remark OF Hayes's counsel.
lhese little scenes were a source OF
amusement TO the entire court room.
Inc trial commissioner frequently
continued on second page. fourth column.