New-York tribune., 1912-01-03
PATROLMAN'S TRIAL ENDS
Doorman Helps Barry, Accused
of Falsely Arresting Youth.
TELLS OF TALK IN CELL
Says Eagan Remarked They've
Got Us"-Commissione May
Decide To-day.

The trial of David A. Barry, who was .
first grade detective until he was reduced
to patrol duty. following the arrest OF Will
lam Eagan, a Brooklyn youth, was resumed
at Police Headquarters yesterday. The
charges are neglect OF duty, conduct un-
becoming an officer, ineficiency and con-
duct injurious to public peace and welfare.
At the close of the session Deputy Commits
sioner Walsh reserved decision.
The general charge OF persecution" made
by young Eagan in a letter to Mayor Gay
nor was what brought about Barrys trial.
The youth was arrested on August "a on
a charge OF vagrancy. He was taken be-
fore Magistrate Reynolds, where Barry
surprised the court by admitting that he
could not substantiate his charge Of va
grancy against the young man, and Esgan
WAS discharged The detective was soon
afterward removed from the Bergen street
station, Brooklyn, to which he had been
attached and was sent to the East 18th
street station for patrol duty.
Among yesterdays witnesses were Mag
istrate Reynolds, James o. Dunn, the off,
cial stenographer in his court: Charles r.
Daniels OF No. 449 State street, Brooklyn:
Eagan himself, and a young man by the
name OF Grant, a chauffeur. The magis-
trate and his stenographer testified 10
Barry's failure TO bear out the charges he
made against Eagan and the lstter's dis
charge.
The general line of defence yesterday was
, ~ .aIlr nj ND
about some jewelry stolen from Mr.. Dan
ies's house few days before the arrest
OF the two young men. Eagan admitted on
cross-examination his possession OF twenty
five keys belonging to apartments leased
by his father, but denied ever having said
that these keys would open any fiat in
Brooklyn" He also admitted having Neen
in the Daniels apartments on several occs-
sions, and that he was there the night OF
the robbery and later met Grant.
Mr.. Daniels testified that he had heard
that Eagan remarked that the jewelry
would never come back" and that he
spoke 10 the youth about II previous TO
his arrest. Several other witnesses testi-
fed to having seen Eagan hanging around
the district and gambling I'm back alleys.
The doorman OF the Bergen street sta
ton Brooklyn. one Of the last witnesses %
the day, boistered up the defences case
considerably In his testimony regarding a
conversation he alleges he heard on the
night the two young men were locked w.
He said that no had taken Eagan out OF
his cell so that nc could talk with his
father When the youth got back. the door
man testified he remarked to Grant: II
guess they've got US Grant is said 10
have burst out: Close your mouth, you
damned fool; somebody may be listening.
Barry was asked by Commissioners walsh
what reasons he had for placing Eagan
ard Grant under arrest. He said he ar
rested the former because or his associa-
lions with the latter: because he knew
Eagan had in his possession keys that
would admit him TO apartments in his
fathers care. and because OF what he had
learned of the young mans character
Under what condition did you lock
Eagan up. on the charge Of vagrancy.
when YOU did not know him TO be a va
grant," asked Deputy Commissioner
Walsh.
Mr.. sullivan, Bauy's legal adviser. in
formed Mr. Walsh that tine procedure OF
the Brooklyn magistrates courts held mat
a charge of vagrancy was the same as a
short afldaYt I'm Manhattan and The
Bronx.
Lawrence Sullivan. counsel for Barry
moved TO have the case set aside. but tins
was denied by the Deputy COMMISSIONS
Decision viii probably be announced IN
dav.