New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-04-18
INDICTED INSPECTORS
LOSE IN LEGAL FIGHT
Cannot Inspect Minutes OF
Grand Jury and Four
Must Stand Trial.
ALL PLEAD NOT GUILTY
Imposing Array of Counsel lndl-
Gates System Will Use
Last Ditch Tactics to
Save It's Heads.

With an array Of counsel that indl-
Gated how bitterly all graft accusa-
tons against the men higher up III
the Police Department will be fought
out. the four indicted inspectors
Sweeney. Murtha Hussey and Thomp-
son. went into court before Justice Sea-
bury Yesterday with their first oppos-
ing motions and lost
The Jury in the Robinson case was
sent out Of court from ) 10 O'CLOCK
i'm the afternoon, that il might not De
preiudiced against the patrolnah ny
knowledge of the fact that his COM
handing officer with three other in
spectors was facing trial for the same
offence with which he is charged.
LAWYERS for the inspectors presented
two motions to the court; FIRST that
they be permitted to inspect the min
utes of the grand jury which had H.
oicted their clients for conspracy' III
keeping George \. Sipp out OF the Jurls-
diction when he was wanted as a VIII
ness against Fox, Walsh's collector ana
second. that the indictment be DIS
missed on the ground that 1T was pased
an the testimony of accomplices in the
alleged conspiracy.
Both motions were denied by justice
Seabury. but on the one to DISMISS nc
gave counsel permission to put briefs
into the record for the purpose OF APP
peal
Nurtha. Hussey and Thompson were
arraigned for pleading on tho consp'r-
acv indictment. TO which Sweeney had
previously pleaded not guilty. and each
through counsel. entered the same plea
George Gordon Battle, who, with Al
fred ]. Talley. appeared for Sweehey'
presented the chief argument for the
motions. Abraham 5. Gilbert spoke Tor
Murtha. Herbert c. Smythe for Hussev
o,5 Arnold Davis represented Thomp-
son.
Mr. Battle argued that, according 10
the Inducements on the indlclhle"''
Fox Walsh. Sipp and Newell were the
only Witnesses heard by the grand jury.
Each If them. said Mr.. Battle. was
concerned in the conspiracy ana 'he'r
tosti,,onv he claimed. must be looked
u,.on as evidence from accomplices.
Justice Seabury remarked that mo-
tiop 70 inspect grand jury minutes
could be granted only when the CT
c,r,s,ances were extraordinary, ana
no could not see that such was inc
situation with regard to the four men
named in the conspiracy Indictment
even assuming that all the VII
nesses are accomplices-a thing "h'c'
cannot be said TO be a fact. nor any
thing more than an assumption-pu'
oven assuming that, do not see tha'
if would be thereby proved that The
grand Jury had insufficient evidence
said Justice Seabury
The court added that circumstances
which mad come 10 the knowledge "i
the grand Jury might have corroDora''
cd tho evidence presented. He refused
IN accept the view VI lli' '"'f'~'
LAWYERS that such circumstances could
have come to the grand jury's kno"l-
edge only from the lips of the VIII
nesses whose names were Endorsed on
the Indictment
Mr. Gilbert contended, in behalf oil
Murtha. that the only specific mention OF
his clients name must have come from
Walsh. who. he claimed. was an admitted
Iaccomplice in the conspiracy but his ar
g,Iment along with that Of the other
| LAWYERS was discarded by the court.
The argument upon the motion to dis
miss the indictments was based upon the
same ground as that to inspect the min
utes.
These motions cannot be carried TO APP
peal In themselves and so will not delay
the trial Of the four inspectors. which is
scheduled to begin a week from Monday
on the appeal of their case. however n
the event of conviction. the question OF
| whether the evidence against them came
solely from accomplces can be raised be
!