New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-09-01
Captain MCEIroy and Two Lieu
tenants Charged with Con-
spring to Send Police
man to Asylum.
KUBLER FILES AFFIDAVIT
Refused to Obey Orders to Col
lect in Tenderloin, He De-
clares, in Asking Order
for Reinstatement
to the Force.

forts to compel him to collect graft,
was told by William G. Kublcr former
ly patrolman in the Tenderloin sta
ton. in an affidavit filed in the Supreme
Court. Kubler was dismissed from the
force October l last year. and is now
demanding reinstat tement. He has
asked the court to direct Commissioner
Waldo to reinstate him, alleging among
other things that through conspiracy
Of his superors he was committed TO
the insane asylum on Wards Island.
He was freed by the Supreme Court
when an asylum physician declared
there was nothing to show he was in
sane and that the only proof Of mental
unsoundness would be proof that his
charges against his superiors were un-
founded and that his grievances were
hallucinations.
Among the "conspirators mentioned
by Kubler were Captain Samuel A.
McElroy, who commanded the Tender
loin precinct when Kubler served
there: Lieutenant Mccarthy and Ser
geant Garvey.
Kubler declared that they conspired
10 cause his removal and confinement
in the asylum so he would be unable
to make any charges and be prevented
from giving information Of conditions
in the Police Department
Kubler's first assignment in the Ten
derloin was between 39th and 42d
streets. He alleged that few days
after he had been on this post Lieu
tenant Mccarthy demanded money
which. Kubler said, Mccarthy said he
had collected from resorts. Kubler an
swered he said. that he had made no
such collections, whereupon kubler al
legged the lieutenant applied vile eplthets
n him and threatened to have him
broke" Subsequently, says kubler'
stranger offered TO have him trans
ferred 70 any post he wanted' put that
he would be expected to- pay the SER
geant a share of any money he COL
lected
About ten DAYS later, Kubler said,
without any such agreement, he was
transferred 10 a post between Both and
2otb streets. Before this change took
nlace according to Kubler. Sergeant
Garvev asked him for money when
I1ublor said he did not have. Then the
noliceman said. the sergeant asked hini
- turn over his months .ay check out
Of which Garvey IS quoted as sayihs
that he would keep SO. This kuoler
also refused 10 do.
From that time until ne was us
missed Kubler says he was suoJeo'eu
- all sorts Of annoyances. He was
civon 10 understand. he asserts tnaI
this treatment would cease II ne COZ
lected graft.
L,rbIer tells Of his arresting last jan
nary a man named Edward Murphy as
-, ,.agrant He left the station house
,.o. tho prisoner was sent 20 a CELL
hut when he returned after a lie" MN
MOS one of the lieutenants was taking
"a the prisoner his cell door. huo'er
. t,ar
savs tho prisoner told him later thaI
there would be a burglary that nisht
AZ a iewelry store at Broadway ana
37th street. which was on huOiere
nost Kubler said he gave TINS IN
formation 10 Captain McElroy and that
H. oortain merely asked him II he was
afraid. He assured the captain tla' ITO
was not. ,
rar,v the next morning kubler heard
the burglar alarm ring at the store III
,os,ior He investigated, and says ne
found Sergeant Garvey on the walk
near the store. The sergeant told him
to remain on guard until private
,,,a+cbman turned off the alarm.
Abou, . o'clock the same morning
Captain McElroy came along and kuo-
Ter told him the story of the burglar
alarm. The captain remarked ihat the
were suspicious. Cap
tain McElroy accompanied the patroi-
man a way on his post, calling kuoler
a coward and saying he would IKE 70
ranch him" Then they met sergeant
Garvey. who joined the captain huo-
Ter going on his tour of duty.
on September 23 last kubler says ne
entered the station while Captain NC
Elrov was talking to two Of the lieu
tenants. He quotes the captain as say
ing. well. Kubler, what do you
know? Have you any more Of that
crazy stuff to tell me-
Kubler lost his temper, he saws, ana
answered in a manner that caused Cap
tain McElroy to send for DR.. Hubbell.
q police surgeon. Or. Hubbell told the
patrolman TO report to DR.. Nosburgh.
who in turn sent him TO Chief Surgeon
Palmer.
II was not long after this that hup-
Ter was committed by Justice CON 10
the asylum. He remained there until
last May, when he was arraigned be-
fore Justice Lehman on a writ OF
habeas corpus One of the physicians
of the institution told Justice Lehman
that there was no indication that kuo-
Ter was insane. Justice Lehman there
upon ordered the discharge OF kubler
from the asylum.
Kubler says in his petition to the Su'
preme Court that this is the first op'
portunity he has had to take action be-
cause of his confinement.