New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-06-22
MCRATH, ATHLETE,
MAY PATROL AGAIN
Rehearing Under New
Law Likely to Restore
Him to Police Force.

Deputy Commissioner Cooley, under
the provisions of the new law that
gives to the Mayor the right to re-
open the cases of patrolmen dismissed
from the Police Department, yesterday
began rehearings.
The most important case TO be heard
is that of Matt McGrath, the athlete.
Deputy Commissioner Lord will pass
on his application this morning. On
Christmas Eve, in 1910, McGrath, re-
porting sick, went home unexpected
ly and found man in his home. The
man was badly beaten and then shot.
He was later arrested and charged
with burglary.
The intruder, George Walker, told a
story of being invited to the McGrath
home, 70S East Fifth Street, Flatbush,
by Mrs. McGrath, and McGrath was
arrested charged with felonious as
sault. After a sensational trial jury
in County Judge bikes court, in
March, 1911, acquitted McGrath
Worked Without Pay.
Tried before the then Police Com
missioner Cropsey on charges of fail
ing to perform proper police duty in
the Walker case, McGrath, was ad-
judged guilty and dismissed, in April
of the same year. Two months after
Police Commissioner Waldo, who sue
ceeded Cropsey, reopened the case and
reinstated McGrath.
The athlete was assigned to uniform
duty and attached TO the East Fifty
first Street station, when the Citizens
I Union brought taxpayers suit to re
strain the Controller from paying his
salary. For four or five months there
after the Commissioner would send the
certified payroll bearing McGrath's
name to the paymaster's Office, but he
never received his check. The men in
the precinct to which McGrath was at
tached, by anonymous subscriptions,
raised money each month for him.
In the mean time McGrath, working
without pay, did police work, appear
ing in court in several cases and get
ting convictions. In 1912, while work
ing in the East l04th Street STATEN,
he was severely shot by an Italian who
had killed a man.
Mayor Mitchell became interested in
the case and ia asking Corporation
Counsel Polk for an opinion as TO
/ whether he, as Mayor. could Offset the
action OF the court, characterized Nc
( Grath's position as an outrage. There
being no law permitting such action by
/ the Mayor, McGrath finally took an ap-
peal from the decision in the Citizens
Union case, and lost.
lie was therefore forced in a posi-
ton where he had to quit, as the de-
cision automatically removed him from
1 the department. He has been working
as a special patrolman since. II was
4 thought that tho McGrath case prompt
ed the introducing OF the recently en-
acted W.
/ The attitude of the Mayor is said to
forecast the reinstatement Of McGrath.
. In that case, the Mayor and Commits
sioner will face another problem. The
city, through the Police Commissioner,
/ reinstated McGrath and he performed
police duty. McGrath will in all proba-
bility make demand for his pay for
the FIVE months he performed this duty
under the direction Of the city officials.
Ono Lucky Patrolman.
Yesterday Deputy Commissioner God
leg heard four cases. He recommended
the reinstatement OF one patrolman
and reserved decision in the others.
The lucky man was George T. Cooper.
/ In 1910 Cooper and another patrolman,
I Henry Zirk, were dismissed on charges
Of being in saloon Lieutenant Mar
ray, the complainant, yesterday testi-
fed that he was now sure that Coopcr
was not in the saloon. The lieutenant
said, however, that he did see Zirk in
the side entrance. Decision in the
! Zirk application was reserved. but the
/ Commissioner said he would recon.
mend reinstatement for Cooper.
Decision was reserved in the case Of
Joseph c. Hickey. lie was dismissed
in 1912, after Denis Sweeney. then a
police inspector, later convicted OF
grating, had charged him with being
the author Of letters 10 the Health De.
partment attacking the sanitary condi-
ton of the West i23d Street station,
to which Hickey was attached.
| Sweeney appeared for Hickey yester.