New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-01-16
FOYE'S FAIRY TALE" /
REC0|LS ON TAMMANY
Saloon He Named in Charge
Against Curran Is Not in
His District.
ACCUSES COURTS ALSO
Bombshell' by Former Becker
Aid Will Fail to Stop Graft
Probe by Aldermen,
Chairman SAYS.

Patrolman Charles Z. Toyc. a formc'
member Of Lieutenant Charles Becker
strong -arin" squad. furnished the sensa-
ton at Yesterdays session OF the cur
ran investigating committee. when nc ac-
cused the chairman of that body ui NY
ing TO persuade him 10 drop case
against a saloon he had raidcd ,or
gambling Before he left the stand toyc
even made more startling charges, &C
cusing the Justices OF Special Sessions
the grand jury, the District Attorneys
staff and others Of trying TO prevent nm
and other policemen from obtaining con-
victons against those they had arrested
Chairman Curran branded the story a."
n fairy tale. and il turned out that the
saloon in question is not In his district
but in that OF Alderman Frank bowling
n Tammany member OF tho committee
Mr. Curran. who said he never saw Foye
before he took the stand. said after IN"
session that any one who takes the
trouble to investigate the Police Depart
ment must expect the sort OF abuse
melted out TO him by Foye. He added
Il am wondering what is going 10 hap
pen next.
The saloon mentioned by Foyc is kept
by a. man named Smith, at No. 354 Eighth
avenue. Smith last night said he did not
know Alderman Curran. that he never
had asked him TO intercede for him N
any case. and that II he wanted any
favor done he would not go OUTSIDE Oh
his district 10 get II.
Foye's anger was reused the momens
he was sworn by Chairman Cu-rdn. Ini7
was done by Emory r. Buckner. counsei
TO the committee, who read from an
affidavit sworn 10 by Foye on June 90,
1912 when he arrested Vito Palermo. Of
No. 57l Third avenue, and charged MIN
with selling liquor without license, with
having a loaded revolver in his store
and with gambling.
Record Anglers Foys.
Then Mr.. Buckncr read from tie test1-
mony Of Foye in Special Sessions four
months later. when Palermo was ar
ragned for trial. and where Foye sWore
TO three different stories under cath, each
contradictory of the other. so that "h"h
he left the stand. and Palermo "as dls-
charged. Chief Justice Russell. as the
court record showed. exclaimed:
This is dreadful thing"
one OF several pointed questions asked
by Mr.. Buckner In an effort To learn the
truth was:
What was 1t. IL IL wasn't money. that
made YOU forget when you were called
I'm Paterno's case'"
Il didn't get any money replied
Foye. He had twenty Witnesses and
was afraid I'd be framed up
Asked to explain this. Foye said he
had heard the District Attorney Was
trying 10 get him FOR perjury. ~"
could not remember who told him lie
went on 10 say Mr. Whitman wanted 10
get him because he had been one OF
Becker. men. Foye then attacked the
Justices OF Special Sessions.
How often has chief Justice Russell
taken the heart out OF policemen BY
throwing cases out of court. he eN-
claimed why | had case down there
OF man who bit my finger while |
was arresting his brother. and because
he had political friends he was dis
charged Justices Steinert and Icller
were sitting with Justice Russell at the
time"
Then he attacked the District Att0r-
news stan and the grand jury saying:
Why a lot OF cases | could gave VOL.
II the Assistant District ATTORNEYS would
have 1one their duty. In some cases
they refused to subpoena witnesses
Then others refused To let me see my
afldavits to refresh my memory
Take the Abrahall ease ! had con-
tinued Foye There the Assistant Dis
trict Attorney took a misdemeanor case
before the grand jury. Why did he do
IL except to have il thrown out"
Pinned down. he said the day in ques-
ton was August % last. and that he
thought MIR Ellison was the Assistant
District Attorney he had in mind. In
this he was mistaken. for Mr.. Ellison
never prosecuted a gambling ease. ana
Assistant District Attorney Embree, who
had charge OF the grand jury that day,
did not recall the case.