The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-03-25
ADMITS POLICE
0BEYED FRIEND
FW.V.CLEARY
Witnesses Seeming STU
pidity Causes Warming
at Gagan Inquiry.
SHOW LITTLE f \
OF PERJURY CHARGES

NyACK, y. V, March 2i-pistrict
Attorney Thonas uagau, whose CON
duet ur the trial of William V. cleaty
l. under Investigation, Csine in for d.
rect criticism by COMMISSIONED william
n. ~Iiotchkiss. Gov. Whtiman's referee.
for tine FIRST time az to-night's hearing.
Tn" criticism was evoked 10y testimony
about an affidavit which friends Of the
District Attorney tried TO get from Will
jam u. Wallrou. an uncalled witness at
tu" tl"irN trial, who had sisned the
petition 10 the Governor asking for
tftEau'S removal.
Waldrou. q close friend of Cleary.
had talked with the former town clerk
on the Wc"hawkeu ferry and on the
train duriug the %littcr'S trip To %lta,er-
st'aw on July %, the dag of the shoot
Ing or Eugene Newman. lie told Lloyd
j.. StrNk"r, who is prosecuting the Gagan
charges. that tlrarI, thouh apparently
tifsrlug from til, effects of q. uight of
drinking. was not irrational IN his talks
and actions in Waldron's presence.
After Waldrou's name appeared on
he petition circulated by Newman's
father. he said. Lawrence Murray. a
friend uf ';agan, and william jenkins,
GHsun's clerk. came to him with an
affidavit In which il was stated "Cl.ary
was irrational on July 30" Waldron
OBJECTED 10 signing II with those words
included, hut eventually signed when
Jenkins cut that phrase out and left in
the words was not in his usual state"
Strange. says U~otrhkiss.
"it seems very strange To- me- con-
mcntrd Mr.. Ho'chkiss. that the re-
%spoudeut should seek to get any afti-
d'vit from this man t. use in these pro-
c"edinss. I shall listen to argument on
II later. but my impression f. hat there
was no excuse for IT,"
Gagdn and one of mis- counsel. County
JUDGE \. II. +. Sceger. Immediately rose
tu say that the District Attorneys aim
simply was 20 present to the Governor
the testimony that uncalled witnesses
might have given at the trial OF Clcary
and TO try to show tina; their evidence
would not have changed the outcome OF
the trial. Waldron had testified that
Frank comiskey. cleiry's lawyer. had
asked him If Cleary WAS irrational on
the day of .lc shooting and that he.
Waldrou, replied, rational enough .x-
cept for the fact that he had been out
drinking tho night before"
Waldron's testimony came almost at
the end of a day of questioning that
showed among other things that the po-
lice IN Haverstraw took orders a. quickly
from Bernard Fox, Cleary's saloon
Keeper friend. as from Police Chief
Michael y. Ford. Hugh Sheridan, A
policeman who Witnessed the shooting.
admitted this.
Three of the witnesses called 10y
Strt k"r, all tleary's fr!ends-FoX. now
charged with perjury, Ford and Sheri-
dau-wer confronted with their con-
nicting stories at the Coroner's inquest
1t the Grand Jury inquiry into the
shooting and at the trial of Cleary.
While Sheridan was testifying Commits
siouer Hotchkiss interrupted TO say TO
'iaean I'm Interested in these three
stories. suggest that YOU read this
record over carefully. | may have
some recommendations to make to YOU
late about this mans testimony
81 Will have an explanation myself
az e.d Gagan.
Defence Indicated.
That this explanation viii be his
OWL defenc. to the accusations Of ne
glrct of duty was indicated in the cross
examination Of Ford and Sheridan by
former Assistant District Atturury
Friuk Moss, Gagtu's counsel. II Was
made plain that 'iagan VIII contend
that tn" m"u he called To testify in the
States case suddenly became dumb and
stupid IN recalling incidents essential
1" first degree murder prosecution.
Ford, when confronted to-day With
his tcStinrny at the trial, which diff
frred FROM his Other stories, showed re,
mi3kdhlr density and at times appar-
cntly foolish inability To understand
simple questions. Commissioned Hotch-
kiss warned hotn Ford and Fox to put
on th.'r thinking caps.
FoN. VINO hts admitted having lied
g. help Bill Clcdry.' for which he does
rot fear prosecution. had said earlier
that the "mystHrious gun ne gave 10
William Sicb Id after the shooting was
his own automatic and that he kept
the weapon Cieary used, which was pro
duced at the trial. Ford, however,
maintained that II was his weapon that
CieaIv had used.
"Havr you been arrested for per-
jul goo Mr.. StiNEcr asked Ford,
"Not yet" no replied without appar-
ent concern
Sheridan pursued similar tactics of
eytSjuu. His testimony hetor" the Cor
oucr and the GRAND jury and his story
~ the trial. palptbly different. hc could
not iccouut for,
So conflicting were the stories OF Ford
aud sheridan that Mr.. HotcAkiss faced
H., two men ON the stand at once, him
self sitting brtNrcU them, and turning
from one to the other until they struck
q COMPROMISE.