New-York tribune., 1913-08-16
D|SORDERLY, MAYOR
SAYS OF WHITMAN
Continued from Hrst page.

man. OF the West 6sth street station;
Patrick Walsh. Of the West 6Sth street
station. and Edward A. Smith, OF the
Old Slip station. They were on duty at
Healy's yesterday when the warrants
were served.
The prisoners were paroled In the
custody Of George NJ. Curtis, Assistant
CORPORATION Counsel. and viii appear
to-day at 10 a. m. for examination be-
fore MAGISTRATE Deuel. in the West Side
court, at the same time when the cases
OF Inspector Dwyer and the fve police
men arrested with him Thursday night
come before the court.
T. Edward Kelley. Of No. 8o Nassau
street. counsel for Mr.. Healy, when his
attention was called to Mayor Gay
nor's statement yesterday. issued a re-
ply in which he supported District At
torney whitman I'm the attitude he took
in the matter and denounced the action
Of the Mayor and the police. He said
in part:
MY attention has been called 10
public statements issued by the Mayor
which have appeared in the press.
charging that the District Attorney OF
New York County instigated the open
and forcible resistance TO the police at
Healy's place; the facts are that the
District Attorney had nothing whatever
TO do with Mr. Healys resistance TO
the recent police oppression. 1t was
not until after the action OF the police
had become so fatty in defiance OF law
and order, and a public, scandal. that
the District Attorney was compelled.
as a matter OF duty. 10 take up the
matter I'm order to prevent further con-
tinuance Of lawless proceedings that
were likely TO lead TO serious conse-
quences."
Insisted That They Arrest Him.
This practice was followed night
after night. Repeatedly Mr.. Healy re-
quested and demanded OF the police
that they arrest him or other persons
on the promises Hh breach OF the law
had been committed. In no case did
the police do this. apparently not car
ing to have the legal question involved
brought before the proper tribunal for
its determination.
"On one occasion the police went so
far as To imprlson unlawfully num-
ber OF guests within the restaurant and
detain them against their will for sew
eral hours during the early morning,
only then TO set them free"
Mr.. Kelley said the legality Of the
police action in closing Healy's was
properly adJudlcated in Special Sessions
last month. when, with the understand
ing and consent OF the Corporation
Counsers Office and the police officials,
Healy appeared as a defendant TO the
charges Of violation OF the liquor tax
law. The result Of the trial was an
acquittal OF the defendant, the Judge
from the bench pronouncing the action
OF the police unlawful and oppressive,
Mr.. Kelley said.
Ine INV y OF bdlu Nlul IL buc . slasu uNN "Ni "
interpreted in the light in which Mayor
Gaynor and the police saw II II would
give the police the power TO close every
room In every hotel in the city after
/ o'clock In the morning and prevent
any person from going in or coming
out. Every one knew that liquors were
served and drunk in sleeping rooms In
all the large hotels, he said. He con-
tended that tho rooms" specified In
the statute referred only TO regular
barrooms. and that guests had right
TO eat in other rooms on the premises
during the prohibited hours.
but even II the Mayors contentious
were correct" said Mr.. Kelley. still
tho action of the police was mono the
less lawless, oppressive and un1ustina-