New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-09-11
HAYES TRIAL ENDS;
DECISION RESERVED
commissioners Story Twice
'T 1enIed, Captain Day Siding
with DepoSed Inspector.
PROSECUTION SEEMS WEAK
c,vsral witnesses Give Testi-
,noTv Apparently Favorable to
nefendant, Among Them
nHouest Dan" Costigan.

u,. ,r,sI Of Cornelius q. Hayes, who
..drced from the rank OF inspector
,n,nended by Commissioner Waldo
s s.o,r.s the latter declared Hayes made
,s,ss statement when he said the Police
s To-. had ordered him not to
80, or interfere with disorderly houses
=, ~. TenderlOin, was completed yester-
- ,osrnoon. Decision was reserved.
nousss !. Mckay, the First Deputy
ra,,ce commissioner. who presided at the
.-,.t although a witness under subpoena.
sA NOT testify regarding the incident OF
So, "a when according to Hayes. Mr..
ToK.v was present IN Commissioner
woldos office when the latter told him
~. 70 raid disorderly house IN West
I,t street The First Deputy said at tho
soss Of the trial that his mind was
MANI regarding tho transaction which
.., made point Of issue by Hayes. lie
hone. 10 render decision by Tuesday
The Commissioner called every In
,,sc.nr IN the department except two TO
,s,s them chant the response 81 old not
T. s,swsr 20 the question, "Did you re-
s.,ys Instructions from Commissioner
waldo not to obtain evidence against dis
orderly housesf
Twice DURING the day was the story
,ol6 BIZ Commissioner Waldo under oath
eoBtrsdcted. once, when Captain VIII
lam r Day. of the West nth street sta
son rwore that Commissioner Waldo
,sn, for him after he had questioned
Esvss regarding the raids on the Robes
,,,-rs and two other apartment houses
and again when Lieutenant Costigan, who
sssr. the sobrlQuet OF Honest DAN" and
Was TO be the prosecutions trump caro-
testified that no did not know tt was his
h,.ipe,. 10 check Up" inspectors.
ccstiosn Got Orders from Waldo.
= Commissioner Waldo said the business
stCostlgan and other strong arm squad
Ssss. was TO check I'm inspectors, and
hat they had power 90 enter disorderly
houses Cosugan swore yesterday that
4. never entered a disorderiy kOuse I'M
Ices instructed to DO so by the Police
Commissioner
Commissioner Waldo said when ne
heard Hayes's explanation Of tho raids
on the Robespierre and The other apart
nent houses he was satisfied with It. ana
dropped the matter there. Captain Day
swore yesterday that Commissioner Waldo
had him make an investigation and bring
10 him the letters Of the Catholic clergy
men, Fathers Daily and Delany, who com
tls,ned about the dlsorderly houses, and
On whose complaints Hayes said he made
The raids.
Further assaults were made on tho
prosscutions case by Inspectors Titus,
psly. IAhey and Cahalane, who were
called as witnesses for tho prosecution.
Each Of them swore that the report OF
he conversation between Hayes aud
Waldo. as reported by the Police Depart
.hents stenographer was Inaccurate and
ircomplete.
Then, too, the defeuce's case was
Strengthened BY the testimony OF several
others, notably the three Bergeants In
command OF the plsinclothes squads IN
Ger Hayes-Ray, Wall end Hickey All
these swore that Hayes had given them
Instructions not to enter dsorderly
houses. and not 10 modest or Interfere
With the Tenderloin houses Of Ill fame
unless there were outward conditions,
such as soliciting from windows o. In
front of the house Similar instructions,
they testified were given to the plain
clothes men themselves by Inspector
Hayes personally
Thomas d. Thatcher, Hayes's counsel
made much Of the fact that some one
had torn out and destroyed general order
No. sD from one OF the Police Depart
hsnts books. This BIT Of evidence
which the prosecution at first refused to
produce when Thacher demanded II, or