New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-09-08

! that conversation. Hayes answered.
that when he entered Commissioners
| Waldo's office the latter said:
Il thought you were keeping your
men out of disorderly houses
II said" continued Hayes. II am
except where there are outside conoi-
| TONS"
| Was anything said on that occasion
| TO Justify you in believing the COM
missioner did not want you to send
your men into disorderly houses foi
the purpose Of obtaining evidence"
| Nothing was said about not getting
evidence against disorderly houses
| WAS anything said which justified
| you in believing the Commissioner
| gave explicit orders to you not to enter
disorderly houses for the purpose of
obtaining evidence"
Not in so many words"
Notwithstanding Commissioner Wal
do gave you no express orders, you
| stated in Commissioner Waldos office
that he had told you not TO obtain any
evidence against dsorderly houses.
Was that statement true?"
Here the Assistant Corporation Coun-
sci handed to Hayes the Police De-
| partments stenographc report Of the
conversation between him and Corn
missioner Waldo on August 6.
Hats at Copy Of Conversation.
Every word / said" began Hayes,
who halted as his eyes rested on the
typewriter page before him. Then,
looking up at Mr.. Farley, he asked:
rs that the stenographic copy?'
Mr.. Farley nodded, and Hayes re-
piled:
II have no recollection Of using the
language that is supposed to repre-
sent. Not in those exact words. I do
| not recall having said it,"
Reading from the report, Mr.. Farley
asked:
when YOU stated in Commissioner
Waldo's Office that he had given d.
rections TO you for your men not to
go into disorderly houses for the pur-
pose Of obtaining evidence, was that
true?"
Hayes half closed his eyes and
thought moment Then he answered:
Il don't recall everything / said in
the COMMISSIONER office. but / don't
believe that is a correct copy OF what
| did say. What / did say" declared
the witness emphatically. was that
the Commissioner told me not to in
terfere with disorderly houses where
there ) ere no outside conditions, such
as soliciting"
Some other questions along this line
brought protests from the counsel for
the defence. who accused Mr.. FARLEY
Of trying TO confuse the witness. MI.
Farley then brought the witness down
10 May %, when he said Deputy Com
missioner Mckay was present when
Commissioner Waldo is alleged 10 have
told him not TO raid disorderly house
IL West 47th street.
Hayes repeated his story as told on
the direct examination, saying that
Commissioner Waldo told him 10 tell
Mr. Walter, the proprietor Of the st.
Francis Hotel. in West 4Ith street,
who had complained about the house,
to tell the hotelkeeper, TO go To court
and prove that the house was disor-
derby.
Then that Is the reason why M.
Mckay will be such an important wit
ness for YOU" asked Mr.. Farley, sar-
castically.
Mr.. Thatcher was on his feet in
stantiy protesting against the language
OF the Assistant Corporation Counsel
He asked that IL be stricken from ths
record.
Strike IT out" said Mr.. Farley
The Deputy Commissioner ordered It
stricken out.
Farley Rebuked by Court.
Il ask the court to instruct the OPP
posing counsel to refrain from saying.
whenever / object to an improper re-
mark, Strike it OUT"
Mr. Mckay 80 ordered
, Hayes said the Police Commissioner
on this occasion told him that when he
received complaints against disorderly
houses that did not bear the indorse-
ment OF the Police Commissioners Of
flee 10 report back that he could not
obtain evidence
Mr. Thacher then proceeded TO show
raids made in Hayess district by mem
bers Of the strong arm squad under
Lieutenant Costigan. These were made
during the period OF Hayes's incum-
bency as inspector. Hayes said he
knew that the raids were made and
said ne could have made them except
for the restrictions placed upon him.
Just what capital the prosecution could
make Of these raids was not evident.
particularly in view Of the fact that
Commissioner Waldo, when cross-ex-
amined by Mr.. Thacher said Hayes
work I'm the district was satisfactory.
During the period ending with the
middle Of February and August o. were
there any disorderly houses i'm the 4th
Inspection District against which You
could have obtained evidence?" asked
Mr.. Thacher.
Il believe So answarad uavea nm