New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-09-22
Justice Mills Excuses
Schoolmates and Politi-
cal Friends of Accused.
HELD FOR KILLING
DAUGHTERS HUSBAND
Town Clerks Fate Rests with ~
Jurors-Seems All Right
Saws Dead Boys Father.

;cnorance Of the strong polltlcai ulIue'
current to intelligently comprehend '"'
"details that preceded the selection To-
dav Of tho grand jury now conslder'"s
the case Of William V. Cleary' tor'.e'
town clerk of Haverstrsw, charged VII"
numbering his eighteen-year-old 90 sou"
in-law. Eugene Newman, on July ="
The struggle that two OF Clear!
iorc-t;me friends made 10 remain on
the Jury gathered TO indict nm anoIo-
cd an amazing illustration OF whaV Pc
litical and personal obstacles JusV.ee
rrust confront before il can get do"n
10 the man himself. - %
The case passed into the hanos o.
tho grand Jury at 1880 O'Clock TINS a.
t.rnoon, hut as the same body VIII
hosr states evidence in a least htteeh
other cases before any indictments aIe
voted il will be fully week pe'GIe
nyblic announcement is made OF the de-
gree of murder on which the Demo
cratic politician will be tired
"Minor Indictment" Maybe.
There were a number of persons here
,o-dav wbo said confidently-like hun
S..Js ~ folks in New York said before
RncLer was tried-that they won't get
TIosry eight" That is, they expect the
Grand iurv 10 indict him for murder IN
,bs second degree. No little man
arounS the courthouse to-day had eour-
soc enough to suggest that ClearE
might he indicted for the crime OF
which he is charged murder IN the
first degree. The little man might nave
cot nunch in the jaw and an ordef 20
800 ~ ~ confnes of Rockland County.
The humid village of New CITY as
.,,r,e5 vigorous liveliness at O'CLOCK
Ills morning with the arrival OF scores
~ Clearv admirers in automobiles ana
~srriages and on foot from the branch
line railroad station. -,
Fred p. Newman. father Of the VIC
i'm. came along with his mother-ln-
law. Mr.. A. ~ Kennedy. Both were
yitpesscs tciurc the grand jury. BON
were IN hl.ct. The other witnesses lor
tbe pro,ccutjCr trailed along ana lhey
all gathered quietly in the witness
room. -. .Lora
Perhaps in the crowded court there
wore three or four persons who did
80 Iroy All the others, hut there were
not more than that number. Joe
waved his hand at Bill" and smiled
and pointed toward corner OF the
room TO show that "Pete" also was on
hand.
Clerks Friends Challenged.
About 1880 o'clock Justice Isaac \.
Mills. Of the Supreme Court entered
and then the business began. DISTRICT
Attorney Gagan, friend OF CieaTy'
started it off by announcing that ne
wished to challenge some OF the men
cmpanelled for the jury.
~ to challenge HeTnarQ
J Fox. the former saloonkeeper, VINO
Was in Clearys Office when Clesry shot
the boy. Fox said he was an eyewlt-
ness. and was therefore inhibited from
sitting. So Mr.. Gagan asked Wesley D.
Springstead, postmaster OF Haver-
straw to take the witness chair
Though-this from Springstead- he
was close friend Of Cleary. had
known him for forty years, had gone TO
school with him. had received political
fayors from him. and had visited the
man two or three times in jail-this
would make absolutely no difference to
Springstead i'm considering the ques-
tion OF Cleary's indictment. IT was his
dirty 70 put aside sentiment, and he
would do his duty mo, he hadn't eX-
pressed sympathy for Cleary and hadn't
discussed the case with Cleary IN JAN
IL he were accepted as Juror he
certainly would do his duty" A rev
more questions from the District At
torney. NO, he certainly would do his
duty"
Justice Mills leaned over and exam
ned Springstead. Then SAID inc court
"There is no doubt of your honesty,
hut If YOU remained on the jury | am
afraid YOU would be under tax too
,trong for human nature. ! sustain
the District Attorneys challenge
Next was Michael Holland. town con-
stable Of Haverstraw, who has known
Cleary for fifteen years and visited him
two and three times a week IN Haver-
e.raw and 1--WE times since the alleged
slayer was put in Jail. Hollands DIS
play Of unbreakable friendship !or
Cleary in his efforts TO avert unseating
was no whit weaker than Springstead s,
hut he, too. would not be swerved from
the path of duty by that friendship
III YOU were given the evidence,
nsked Mr.. Gagan slowly, that warrant
cd an indictment for first degree muir
der-a crime to be eXpiated in the cleo
trio chair would you vote that indict'
ment?"
Mr.. Holland twisted around in his
seat and fingered his lower lip. Franz
Comesky, Cleary's lawyer. thought the
question improper. and the court sug
cested that Mr.. Gagan frame it another
way. The revised question was put
Holland uttered an unenthusiasti'
eyes"
Again Justice Mills Intercepted, anc
at length said:
"There is no doubt Of your honesty
c.c So Holland was of.
The third Cleary friend, Joseph va
kal, butcher and grocer, showed from
tho start he didn't want to stick on the
Jury and was glad when, after he haC
publicly demonstrated his support o.
The forrver town clerk by saying M
would consider only the evidence, thu
court removed him.
Nineteen Jurors Sworn In.
The elimination left nineteen jurors
with Charles b. Bell, builder. o
Sparkill. tho foreman. They were
sworn in. OF the original eight from
Uaverstrew only four remained
George Pfeister. Henry Teitsche;d, Os
car Chasing and Frank Stcvauc. Tit
last named. a tailor, had worked foi
Cleary's father, but the District Attor'
ney said he was all right,
Newman, tho father, sat IN the court
room.
"Does the Jury as il stands row meet
with your approval the reporter foi
The Tribune asked him. Newman had
in his newspaper criticised the HaVer'
straw members Of the panel.J
s"ii seems all right now Mr.. New
man said. 81 don't know all of them
When the jurors had left for the
hotel across the street, the spectators
moved out TO tho lawn and talked il
over.
"What do you think" asked one, as
he glanced toward the building ad-
Joining the court the Jail