The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-03-07
HUSSEY FREED BY
1. COURT FROM ISLAND
=
Appellate Division Reverses
Conviction Of Him Alone Of
Four Inspectors.
7
FACES BRIBERY CHARGES
Case May Not Be Tried II He
Makes No Effort to Be
Reinstated.
FACES BRIBERY CHARGES

The decision by the Appellate Division
Of the Supreme Court In the case of the
four convicted police inspectors now serv-
ipG a sentence Of one year In the Black
wells Island pcnitentiary for conspiring
10 keep George A. Sipp, the Harlem hotel
keeper and graft witness, out Of the State
wns handed down yesterday. 1t reverses
only the conviction OF James l.. Hurssy.
Hussey WAS released yester day. although
under the law District Attorney whitman
had until Monday to consent to the re-
lease. On that day the terms OF all the
sx-inspectors will expire. The others are
Osnnis Sweeney John +. Murtha and
James r. Thompson.
Justice Scott writing the opinion In the
Hussey case. says there is no evidence
10 connect him with the conspiracy con-
earning Sipp excep. the testimony Of con-
eeded accompiices. mainly that Of Edward
J. Newell. at one time attorney for Spp.
The court charged as n matter OF law
that Newell was an accomplish. and for
this reason the conviction OF Hussey was
s'unwarranted by the evidence
This point IL the same as the one likely
70 be SO important In the case Of Lieut..
Becker on a retrial inasnuch Az he was
convicted on testimony Of acconplices sup
sorted by the testimony Of Sam Schepps,
Vho. the Court Of Appeals holds. was also
IN accomplish.
The opinion takes up the case Of each
inspector separately and puts most Of the
blame for the conspiracy on Sweeney, be-
cause 'the active part Of the work fell
upon Sweeney. who frequently consulted
and conspired with Capt Walsh at the
house Of the latter" Referring to the col
lection Of a fund to keep Sipp out Of the
city the court frees the widow Of Capt.
walsh from SUSPICION that she knew what
the fund was being raised for.
Convinced Of Murtha's Gutlt.
A. to Murths. the court says he went
- District Attorney Whitman. asked for
Immunity and made a statement proving
his connection with the crime. The court
r also convinced Of the completely Of
Thompson.
Justice Scott explains why he believes
che conspiracy was formed. following the
testimony Of S!pp before the Aldernanic
Investigation in 1912 that no made pay
ments TO Policeman Fox The court says:
His evidence naturally created q great
Stir In the Police Department. 1t directly
implicated only Fox. because Sipp had no
personal knowledge OF what disposition
Fox made Of the money that WAS paid
20 him. II became therefore very impor-
tant to those into whose hands the money
actually came that Fox should be pre-
vented or dissuaded from telling what he
had done with the money. And in order
TO render II more easily possible to keep
his mouth closed. II was desirable that
sipp should be prevented from testifyinx
IN any proceeding which might be lnsti-
tuted against Fox
The SQUIRT then tells Of the activity Of
contended by the four inspectors that no
conspiracy existed. They merely con-
tended that there was no evidence upon
which they should have been found guilty
Hussey Faces Bribery Charge.
Hussay is scheduled to be tried on two
indictments charging him with bribery
His release from Blackwelfs Island came
only after his counsel. wellman. Gooch 4
Smyth. had agreed TO surrender him i'm
med!ately so that ball might be fixed pend
tins his trial on the bribery charges. He
wss apparently happy when he arrived at
the Criminal Courts Building. He retoiced
in p plentiful supply Of gray Streaked
blash whiskers and three pounds more Of
0esh.
Accompanied by young man from the
offiee Of his counsel Eussey landed at Fast
Fifty third street from the island boat
and went to the Office OF the bonding clerk.
District Attorney whitman had agreed to
accept $4,000 bail to cover both charges,
and II was only few minutes before
Hussey was on his way to Justice Sea-
oury'S chambers TO have the bond &C.
cepted.
After much urging he posed for the
photographer, but declined to any much
about his case. He did say that he felt
his name had been cleared and that ac-
cordinEly he expected full resumption Of
his rights. This was taken to mean that
he would seek reinstatement as an inspec-
tor Of police. He 10 now In the position
that he was before the trial. . Suspended
Ofiicer.
Upon his attitude toward reinstatement
wiu depend largely the course Of the Dis
trict Attorney. .,ir. Whitman realizes that
. reinstatement OF Hussey would prove
embarrassing TO the Mitchell admnistra-
ti0n. He Is also positive that he can con-
vict Hussey on the bribery charges. 1t IL
believed. however that II Hussey makes
ne effort to be reinstated the bribery
charges will be dropped.
When the four inspectors went to trial
on Q blanket indictment charging con-
upiracy there were pending against
Sweeney twelve indictments. There were
two indictments against Murtha, .Thomp-
son and Hussey for bribery. Those
against Sweeney. Murtha and Thompson
cannot be tried because Capt. Walsh, a
material witness. Is dead. TIiis 10 not the
situation In Hussey's case. as John H.
TONES, who was the proprietor of the
Colonial Hotel at Eighth avenue and i25th
street. and James II. Wren. 4 former DO
aiceman. are the witnesses. On their tes-
,timony indictments charging that Hussey
collected from TONES for protection from
the captains and policemen OF the Sixth
inspection district were found.