New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-02-24
4 new ARRESTS
in CLEARY CASE
Prosecutor Bases Charges
on Murder Gun-One
Perjury Accusation.

DIStllct Attorney lnoWdS OaEdH ol
Rockland County, confronted with ff-
teen charges of neglect of duty in the
prosecution of William V. Cleary for
the murder of Eugene Newman, the
youth who eloped with Cleary's daugh-
ter, made four arrests yesterday grow
ing out of the trial Of the case.
The four prisoners are Bernard Fox,
who saw the shooting and was re-
luc:ant witness for the state; Will
lam Seibold, Charles Ludwie and Harry
Hughes. FOX Is charged with perjury,
AMI the other three were taken on
charges of violating the Sullivan law.
Fox furnished $4,000 bail for appear
snce before Police Justice McCabe to-
day. Bail of $4,000 each was fixed
for the others.
Gaean's move surprised everybody,
apparently, except the slain youth 5
father and his counsel, who hint that
Just as they were about to spring a
sensation that would open Governor
Whitman's eyes Gagan issued his war
rants and beat them % It. Gagan con-
tented himself last night With the
statement that he was trying - get
something on Cleary."
What the accused District Attorney
is trying to get" on the acquitted
sla ,er is believed % be evidence for
simple charge of violation of .Ie Sui
liyan law. Fred Newman, father OF
the victim, who lodged the charges
against Gagan with Govern or Whitman,
SAYS that the prosecutor bestirred hin :
self only after Paul StTyher, counsel
TO Newman. went to Haverstraw and
got several affidavits from ersons who
had talked with Fox and Hughes.
These persons swore, Newman says,
that Just before the murder Foy took
a revolver out of hls saloon safe and
went to the village corporation rooms.
It was there Cleary shot his son-in-
law. About half an hour after the
shooting, the afidavits allege, Fox
turned the revolver over to Seibold and
asked him to give it to Hughes at the
saloon, but Seibold it was caid, turned
the gun over 10 Ludwig instead, who
too, il to the sal, on and gave it to
Hughes, the bartender.
At the inquest before Coroner Leon
ard. Fox swcre, il is now alleged by
Gagan, that he didn't know what had
become of the revolver. Gagan charges
tina Fox did know The gun, in any
event, disappeared. Several days af-
tel Eard Cleary's lawyer handed re-
volver. which he said was the one that
killed Newman, over to the District
Attorney.
Newman declared yesterday that he
was prepared to show that IT was not
Police Chief Ford's revolver. as the
defence contended, that dis harged the
fatal shot. Newman declares Ford has
said the gun was in his possession
when the shooting occurred.
When Gagan was asked II he had
any evidence that the revolver ir the
case did not belong to Ford, he re-
piled:
"Well, we have our srspicions"
Asked II the arrests were a move
against Cleary, he replied:
Absolutely"
"Do you expect TO upset Cleary's sc-
quittal:"
"we couldn't upset that" he re-
turned. "but we are trying 10 get some
thing else on him"
Newman's lawyer is trying now to
ascertain whether the revolver was sup
plleu u tltdIN DN SOiUt Oiit WIN hhfN
the weapon was 10 be used TO kill.
thu, bringing about indictments for
completely in the murder.
For two reasons the defencs was
anxious 10 make out at the trial that
il was Ford's revolver that was used.
TIE first was 10 sho that Cleary, by
char ce. discovered the revolver on
Ford's desk, thus indicating that there
was no premeditation. The second was
TO save the boss from prosecution
under the Snllivan lar.