New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-08-15
War of Police on Restaurant
Patrons Halted by Gaynor
After Arrest of DWyer
and His BIueCOatS.
PLACE is CLOSED AT 1890
Inspector Held in $1,000 and
Grand Jury Will Summon City's
Executive" Dangerous and
Acute Situation" Says
Magistrate Deuel..


called off the police from their carly
morning raids on HeaIys restaurant.
Healy decided last night TO close his
place at o'clock. He said he feared
pickpockets would gather in the
crowds around his restaurant and vic
timize his patrons.
This decision Of the Mayor was
reached after Police Inspector Dwyer
was arrested and locked up, charged
with assault, and five policemen Of his
staff were arrested for the same crime,
on complaints sworn TO by some OF the
800 diners who were assaulted by the
police at Healys yesterday morning.
Later It was announced that the
grand jury would begin an inquiry into
the whole matter Tuesday and try to
determine il Mayor Gaynor, Acting Po-
lice Commissioner Mckay and others
higher up than Inspector Dwyer were
responsible for the acts committed by
]
the last three mornings.
Formal notice of the Mayors change
! OF heart came at 7:30 o'clock last night,
when Commissioner Mckay summoned
newspaper reporters to.his office In Po-
I lice Headquarters and said:
The police will not interfere with
! Healy's tonight
! This announcement was expected as
early as 10 o'clock yesterday morning,
when District Attorney Whitman ap-
peared at the West side Police Court
and assisted In preparing warrants for
Inspector Dwyer and fourteen police
men under him.
Hesly Asks Police Protection"
| Healy closed his place last night At
1870 o'clock, although Inspector
/ Dwyer telephoned to him that he might
keep open without police interference.
1T was very nice OF the inspector
| said Healy. HIS voice over the wire
was surprisingly friendly"
Three thousand persons gathered
around the restaurant. at Columbus
| avenue and 66th street AT midnight.
| They made so much noise that Healy
called up Inspector Dwyer and told him
the restaurant needed police protection.
! The crowd waited around until long
! after the usual hour for raiding.
When things began 10 look black for
|
their defence with typewriter state
ment, in which he intmated that Dis
| trict Attorney Whitman was behind
Healy in his opposition to the police.
District Attorney Whitman charac-
terized the intimations as nonsense,
and pointed out that the courts had
passed upon the law which Healy
maintained he was following in keep
| ing open after ! o'clock.
! After District Attorney Whitman re-
turned from the West Side court the
additional grand jury sent for him and
asked him TO describe what happened
at Healy's while he was present.
When the District Attorney finished
his recital the grand jurors were 30 in
! Censed with the actions OF the police
| that they were a unit for probing into
| the whole affair at once.
Dangerous and Acute" Says Deuel..
While District Attorney Whitman
was in the grand jury room Magistrate
| deuel. sent him letter by special mes
scnger recommending that the grand
! Jury investigate the doings OF the po-
! lice. which he described as usurpa
ton Of judicial functions.
Magistrate Deuel's letter follows
II need not go into details as TO
the seemingly extraordinary conduct
Of the police touching the business
carried on by Mr. Healy, at Nos.
! 143-147 Columbus avenue. and within
the 7th District city Magistrates
| Court, wherein / am now presiding.
you saw some OF it last night.
From all that ] can ascertain IT seems
to be the case OF a refusal Of the police
TO accept and respect a judgment II
Special Sessions. coupled with a re-
fusal to present any complaints OF
viola ton OF law at such premises TO
the District City Magistrates Court
q usurpation of judicial functions by
the police officials.
"I believe the situation to he so
acute and dangerous as to warrant a
grand jury investigation, and I 70
| recommend.
"I have to-day issued several war
rants. and | include the charges thus
nending, as we'll as all others that may
come TO me touching the matter above
referred to, within such recommends
tion.
81 am writing this letter to relieve
Won of any delicacy you may have TO
nroceed before the grand jury in any
ratter pending before me as a city
magistrate
Subpoena for Mayor Probable.
The grand jurors agreed with Magis-
trate Deuel. that the situation is acute
ord dangerous" and Tuesday the BODY
u.iu heein its investigation. Sub
nenaes. il was understood VIII be Issued
,or Acting Police Commissioner Nc