New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-04-01
Admits LaXneSS in Cleary
Jury Inquiry and Delay in
Murder Gun Action.
DENIES POLITICS
INFLUENCED HIM
Foe of HaverStraw Boss, HE AL
legcs. but Fails to Explain
Conduct az Trial.

tfiom SiAa Correspondent o. The Tabuncl
Nyack. y. Y. March 81 By sdmis-
sion after admission every one OF
striking importance District Attorney
Thomas Gagan tonight gave the
charges against him their greatest
strength.
Cross-exsminod by Lloyd P. Striker,
attorney for the committee seeking
Gagsns removal for lax prosecution OF
William V. Cleary for murder, Gagsn
.ied himself IN. cvadcd questions and
gave testimony that was al once highly
sensational and damaging TO himself
His failure to investigate the panc'
from which the Cleary jurors were
drawn. he admitted, permitted a man
Who had prosecuted a young man for
Nronging his daughter to sit on the
Jury. lie also admitted that though ne
could have got the money for the pur-
nose. he did not hire private detectives
10 bulwark the case against Eugene
Newman's influential slayer. e
He testified he let six weeks 90 b!
alter the killing without hunting for
the murdcr gun except in the most
casual wa,. lie admitted that although
he realized Clcary's case would be
aided by il. nc emphasized to the jury
his belief Clcary was drunk, despite
to,timonv Of his own that the slayer
was sober
Bad Witness for Self.
Gagan was his own worst witness
Tvon ON direct examination, led by ms
own attorneys, he frequently slipped
Oft into confessions of neglect OF duty
that surprised not only Mr.. Striker put
aIso commissioner William II. Hotch-
li.e. who IS hearing the charges. lie
vas full Of confidence when ms attor-
news finished with him at O'Clock 20
niyht and turned him over 10 Nr.
striker. But after the latter hr"t
questions the accused District Attorney
settled back 10 fight. Starting out
with answers given freely, he quickly
turned to tactics obviously lntenoeo 10
annoy his cross-cXamlners: lie utteIeu
his replies at a pitch so low. at tunes
hot rs voice was almost inaudlble.
and often these replies were accom-
panied by q sneer.
HE first admission was that he could
bove made a prima facie case against
Cleary without calling the havers'raW
nolitician's friends, Bernard j. FOX ana
Hugh Sheridan, who, though state VII
nesses. were Of as much aid 10 ClediE
on the trial as witnesses called by the
defendant counsel. r..
Directly after he had drawn TINS from
the witness Mr.. Striker asked Whst iAe
District Attorney had done TO ma ouV
what kind of men had been drawn 1or
the Cleary jury. ,ur.
81 lust asked people around the court
house if they knew anything about the
men on he panel
And YOU didn't go out, or send some
one out. 10 Investigate. TO ma out
whether any Of these men were not
right
mo"
"Did YOU know that Frank Kelly, one
of the Jurors, had prosecuted youhe
for wronging his daughter!
81 didn't hear this until after the
trial" ...s.to+
40 YOU think Kelly, in view OF mat
was a proper man to SIT on jury han
ding the Clery case?
II do not" Gsgan replied, slowly snd
with embarrassment; but didn't
know about it,
Commissioner Hotchkiss criticised
Garan for his lackadaisical search for
nc revolver with which Cleary shot
Newman. 49,,
Gacan replied that he did not think
detectives could have made the pos