The sun. [volume] (New York [N.Y.]) 1833-1916, 1913-08-15
Both Sides in "Curfew" Dispute
Get Spine Chills-Grand
Jury to Act.
MAYOR BLAMEs WHITMAN
Says District Attorneys Advice
Caused RiOts-InspectOr
Dwyer Arrested.

The Curfew dld NOT ring ior heaiE
restaurant at Columbus avenue and Sixty
sixth street this morning. After the police
had raided II four times since Friday
they were directed by Mayor Gaynor to
stay away.
Thomas Healy. hearing OF the Mayors
promptly at 1 o'clock. Either he did not
want to continue his defiance OF the police
or deemed 1t wise to await the decision
in the courts. Mr.. Healy posted this
notice in the restaurant last night:
"Mr. Healy announces to his patrons
and guests that to prevent any disorder
and disturbapce he will close his res
taurant at 1 A. NJ. or a little before, for
a few days only in order that his Gus
toners may enjoy peace and comfort
again"
The doors Of the restaurant were closed
long before o'clock. The walters re-
fused to serve food or liquor after 1880.
The restaurant was packed and more than
5000 gathered side, expecting to see
another raid. The throng became so dense
and 80 many persons demanded admission
that Mr.. Healy. who had been trying to
keep the police away telephoned for po-
licemen to keep back the crush. Patrol
men were sent from the West Sixty-eighth
street station.
When Inspector Dwyer heard OF the
throns in front OF Healy's he hurried to
the place. called out the police reserves
and sent for his own squad or plain
clothes men. More than fifty policemen
arrived and all were needed to keep the
people back from the restaurant. Dwyer
ordered that the men be kept on the move.
There were many fights among persons
in the throns. Pickpockets also were busy
and several persons reported that their
watches or purses were stolen.
The Mayors order to Douglas I. Mckay
acting Police Commissioner telling him
not to disturb Healy's, which both the
Mayor and the police insist Is violating
the liquor tax law followed series OF
events In which Magistrate Deuel.. Dis
trict Attorney whitman. the Mayor. Com
missioner Mckay and the police figured.
, Those events were:
a: NJ. Police Inspector John F.
Dwyer and twenty five uniformed police
men descended on Healys. and using
force in many instances drove $50 diners
from the restaurant. District Attorney
was a witness to the affair
II A. NJ. Mr. Whitman went to the
West Side court and helped nine patrons
of Healy's TO swear out complaints
against the police. charging either simple
or felonious assault Magistrate Deuel.
! issued fourteen warrants for the arrest
| OF policemen. two and three warrants for
the same policemen.
Mayor Accuses whitman.
| 12 N. Mayor Gaynor issued a state
| ment accusing District Attorney Whit
man of being behind the effort Of Thomas
Healy. proprietor of the restaurant, to
violate the liquor tax law. He insisted
that Healy was violating the law.
| 1890 =: NJ. The Grand Jury called for
Mr. Whitman and asked for evidence
concerning the actions Of the police a.:
Healy's. Mr.. Whitman promised to give
1t on Monday.
replied to Mayor Gaynor, saying that the
citizens in the raid.
| $3.50 p. NJ. Inspector Dwyer was ar
raigned before Magistrate Deuel. on the
charge OF felonious assault and held In
81 900 bail for examination tomorrow
morning. Five policemen charged with
simple assault were paroled In the Gus
tody OF the Corporation Counsel.
| 4:SO +. NJ. Mayor Gaynor held a con-
ference with Commissioner Mckay and
Archibald Watson, Corporation Counsel.
Following that talk correspondence between
/ the Mayor and the Police Department was
made public. The Mayor directed Mr..
Mckay not to disturb Healy's.
| Urges Grand Jury Inquiry.
$50 p. NJ. Mr. whitman made public
letter from Magistrate Deuel. urging him
to have a GRAND Jury inquiry into the
conduct Of the police. He said the police
had usurped judicial functions
1880 +. NJ. Commissioner Mckay an
nounced that the police would not ring
the curfew at Healys. He said that the
O'Clock closing order would be- en-
forced at all other restaurants except
those having all night licenses.
The day ended with what was regarded
by Thomas Healy, proprietor Of the res
taurant, and owners of restaurants along
| broadway as victory over the curfew
order. While the other restaurateurs were
| content not to keep open they seemed
certain that the Grand Jury inquiry would
result in an Interpretation OF the liquor
tax law that would permit places having
hotel licenses to keep open for the sale OF
food.
Mayor Gaynor and District Attorney
whitman are at odds on that point. The
District Attorney stands on the decision
In Special Sessions. which was that Mr..
Healy was not acting contrary to law.
The Mayor contended that the law re-
fers distinctly to every room connected
with restaurant az being really part OF
the bar. He said that his construction Of
the law had been upheld BY the courts.
HeaIy Asked to Test Law.
The excitement which has been caused
BY the raids by the police on Healy's
started much discussion as to the motives
behind the controversy between the police
and Mr. Healy. There seems TO be little
doubt that restaurant proprietors. looking
forward to the autumn. when thousands
of persons return to the city. wished to
increase their profits by having the privi.
| lego OF keeping open after o'clock. They
are reported to have urged Mr. Healy to
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