New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-04-30
One Juror, Twice Indicted, Called
Before Justice Seabury and
Excused After He Ad.
mits He Has Been
Under Arrest.
JURY UNDER STRONG GUARD
Sweeney, I-Yscey, Murtha and Thomp-
son Keep Up Brave Front and
Go to Cells for Night with
Joke About Their Escort
After Day of surprises.


the trial of former Inspectors Dennis
Sweeney, James r. Hussey, John J.
Murtha and James F. Thompson yes
terday, District Attorney Whitman
learned that Juror No. :, George p
Stewart. had been arrested and indicted
on at least two different occasions for
grand larceny.
Justice Seabury was at once in
formed, and after the District Attcr-
ncy pulled the coattaiIs of his assistant.
John Kirkland Clark. who had risen 10
make the states opening address to the
jury, Mr.. Clark sat down and Justice
Seabury called Court Clerk Penny.
do you want to see the justice?" In
quired Clerk Penny, in a whisper OF
Juror No. =.
Mr.. Stewart said he did. and he had
a little whispered conversation with
the court, who announced that the
juror was excused. \ new juror was
then selected. and Mr. Clark made his
address.
If any Of the four inspectors friends
in the courtroom knew why Stewart
was excused. none gave any sign. Dis
trict Attorney Whitman was plainly
pertrubed when he received the in
formation concerning Stewart. who,
like the other forty talesmen, had been
questioned closely by him. Not only
that. but their past histories had been
searched carefully by detectives from
two private agencies.
Inspectors Go to Jail.
When Mr.. Clark finished, another OF
the many surprises that the defence
had met with in the course OF the day
came their wav when Justice Seabury
ordered that the inspectors be locked
IN i'm the Tombs during their trial.
John b. Stanchfeld, Francis L. Well
man. Herbert c. Smyth and George
Gordon Battle were on their feet pro-
testing i'm a moment. While Mr.. Well
man was arguing against the Legality
of committing defendants charged with
n misdemeanor to the Tombs, Mr.. Well
mans son. A. G.. Wellman, an Assistant
District Attorney, came into the court
room with the authority sustaining
District Attorney Whitman's conten-
ton that il was legal to commit de-
PENDANTS charged with misdemeanors TO
prison pending trial.
under guard, as they will be during the
trial. and were taken to the Murray
Hill Hotel, where quarters has been re-
served for them and where Captain
Lynch and six other court officers WA
prevent any one from attempting TO
tamper with them.
The four inspectors had no sooner
crossed the Bridge of Sghs to the
Tombs than Herbert c. Smyth. George
Gordon Battle. Harold A. Content and
John b. Stanchfeld jumped into taxi
cab and were driven to the Belnord
APARTMENTS, where Justice Chester L.
Mclaughlin. of the Appellate Division,
and asked for habeas corpus for all
four inspectors. Justice Mclaughlin had
no choice but TO grant the writ. IL was
made returnabe before the full Appel
late Division this morning at 10 o'clock.
Comics of the writ were served on the
warden of the Tombs and on the Dis
trict Attorney at once, ordering them
to produce the bodies OF the four de-
PENDANTS.
District Attorney Whitman has no
fear but that the Appellate Division
will sustain Justice Seabury's order
and remand the prisoners to Jail.
The four inspectors took their COM
initial calmly. Their lawyers shook
hands with them and some policemen
who were in the courtroom went up to
them and shook their hands before
they were led on. by the prisoners
exit and taken over TO the Tombs.
Sweeney, who sat nearest the rail, as
the court officer came TO take them
over to the prison. smiled and said:
$50 you're the chap who's going to
take us over? Well, I guess I'm first.
hope no one will kidnap us during
the night
IL was the first time in the history
Of the city that four of the highest
officers Of the Police Department were
imprisoned together. In fact, old timers
around the Criminal Courts Building
could not recall any other police in
spector ever having been in the
Tombs before but William McLaugh-
lin. who was convicted but released
after a higher court reversed his con-
No Favors in Tombs.
The inspectors found that no favors
were granted to them in the prison, for