New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-03-25
Witness Says Friends of
Accused Prosecutor Urged
Hin to Sign 1t.
CLEARY'S CHUM
HIRED LAWYERS
HaverStraW Police Chief Adds
to Middle About Revolver
Used In Newman Killing.

trict Attorney Thomas Gagan at the
hearing Of charges before Commits
sioner William II. Hotchkiss that
Gagan neglected his duty in the prose-
cutiOn of William V. Cleary for the
murder of his son-in-law.
William II. Waldron, of Haverstraw,
testified that after the filing of the
charges before Governor Whitman two
men, one friend of Gagan and the
other a clerk in Gagan's office, visited
him and placed before him for sigma
ture an affidavit intended to excuse
Gagan for not calling Waldron at the
trial.
81 refused to sign it," Waldron testi-
fed, because it contained, in part,
statement l was unwilling to make"
The statement was that TO Waldron
Cleary seemed irrational on the morn
inL of the murder, whereas Waldron
said he had seen nothing unusual in
Cleary's talk or actions.
After counsel for Gagan had ques-
toned the witness in an effort TO show
that Larry Murray, Gagan's friend, and
William jenkins, Gagan's clerk, had
not tried to make Waldron sign any
thing against his will, Commissioner
HYtchkiss remarked;
This seems a strange proceeding to
me. | cannot understand why Mr..
Gagan should send this affidavit after
the charges had been filed"
Lloyd p. Stryker, attorney for the
Haverstraw investigating committee,
brought out that though WLldron could
have given at the trial strong testi-
mony to show that Cleary was appar-
emily normal that day, Gagan 4ailed to
discover him, although he could have
learned without great effort tat Wal
dron came to Haverstraw on the same
train with Cleary, sat in the lie seat
with him, talked with him and left the
train at Haverstraw at almost the same
moment.
Another Of the few features of the
day that applied strictly to the neglect
of duty charge was developed while
Hugh Sheridan, Haverstraw police
man, was testifying.
Sheridan was abou. to arrest Cleary
when Bernard J. Fox, Cleary's most in
innate friend and second in political
power in Haverstraw only to the slay
er, told him to get physician. Sheri
dan went, giving Clearly plenty of OPP
portunity to make his escape if he de-
sired.
Mr. Stryker wanted to know why
Gsgan, as town counsel, had not prose-
cuted Sheridan for leaving a prisoner
unguarded. Gagan's attorneys object
ed, protesting that only Gagan's acts
as District Attorney were under in
vestigation, whereupon Commissioner
Hotchkiss announced that the petition
TO remove Gagan might be amended to
include the Sheridan incident.
Sheridan painted an enlightening
picture of politico-police conditions in
Haverstraw. He said he would take
orders from Cleary, whom he "looks
upon as the boss" just as quickly as
from the Chief of Police, and he'd
take orders from Fox, too.
Important variations in Sheridan's
testimony at the cOroner's inquest and
at the trial were pointed out.
YOU'D take an oath for almost any
bOdy?" asked Mr.. Stryker.
But | don't want TO get into any
trouble" was Sheridan's way of an
swering.
He testified that Chief Of Police
Michael Ford had not asked him about
the Cleary gun after the murder. This
contradicted FOrd's testimony, so Ford
was sent for and seated opposite Sher-
idan and on the other side of the
Commissioner.
The two versions were put up to
Ford. He persisted in his. Then Sher-
idan swore Ford might be correct.
At this the Commissioner ordered
District Attorney Gagan to look care
fully into all of Sheridan's testimony
from the day after the killing to date.
And | may have something to say
to you about it," Mr.. Hotchkiss added.
Fox, in the morning, cleared away
what little mystery there WIS as TO
who hired Frank Comesky, Cleary's at
torney, for William Seibold and Wal
ter Ludwig by admitting that he was
tie .rsOr.
Commissioner Hotchkiss asked Fox
II he feared the perjury charge againtt
him. lie said he did not.
What ! can't understand" Mr..
Hotchkiss then said, ais why y,u don't,
unless justice is not the same in Rock
land County as it is everywhere else"
The witness hcsitated a few minutes,
at length remarkng:
"Well, l guess if | was guilty
would fear it, but tried to help Bill
Cleary."
Questions about the mysterious gun
used by Cleary-question that got no.
where ended when A. II. Seeger,
of counsel for Gagan, arose, and,
thrusting his finger toward Fox, said:
"Now, we think this gun (the re-
volver handed to Seibold by Fox was
the one used in the killing, and that it
was passed along"
The witness was unperturbed.
81 am sure il was not" he replied.
From the point Of view of the spec
tators, who were so numerous to-day
they almost knocked the long rows of
books from the shelves, Chief of Police
Ford was the most interesting witness.
lie amused them. His density was so
pronounced that twice Mr.. Hotchkiss
told him to put his thinking cap on,
the second time adding, IF you have
any"
lie added to the gun. mystery by say
ing that up TO the time of the murder
he possessed two revolvers, one Of
which he always left at home when he
switched TO the other one.
On the morning of the murder, he
said, he left home carrying revolver
although he was in civilian dress and
was going 10 a Sunday school picnic.
When he got TO the town hall he real
lied that he would have little use for
gun on such an outing, so he left it in
a filing box in Cleary's Office, though
the testimony indicated this was the
first time he had ever done so.
Through the establishing of this
precedent he placed a weapon in the
hands of Cleary when the latter dumped
out the fling case, containing also the
mail.
Ford did not recall telling William
jenkins, father of Gagan's clerk. on the
evening of the picnic that he was carry
ing his gun.
Some features of the testimony given
bv Ford drew this question from Mr..
Stryker:
"Have you been arrested for per-
jury?"