New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-03-17
Court Prefers Perjury
Charges Against Sleuth
and Waterman.
FOUR BURGLARS
REFUSE LENlENCY
Conflicting Testimony in At
tempted Rockefeller Institute
Looting Causes Accusations.

After four notorious burglars and
highwaymen mad pleaded guilty OF at
tempting 10 rob a safe in the Offices OF
the Rockefeller Institute on February
10 last, Judge Wadhams in General
Sessions yesterday preferred a charge
Of perjury against Detective Sergeant
Edward J. Lennon. Of the Third Branch,
who made the arrest. He also commit
ted William Phillips, the Waterman al
the Rockefeller Institute, to the TOmbs
on the same charge, because the two
made contradictory statements as 20
the manner in which the crime was
committed.
Judge Wadhams had been examining
Lennon and three other detectives be-
fore sentencing the burglars. when
Theron r. Strong, former Assistant
District Attorney, who was counsel for
Michael McCabc, one of the defend
ants, told him that Phillips, the watch
man, was "in on the job" The latter
was called 20 the stand for the FIRST
time and admitted that he knew that
the men intended to break in. and SAID
that he went 10 the Third Branch De-
tective Bureau with the tip. Later he
declared that he had secreted Lennon
and the other three detectives, Ser
geant Frank Gallagher, John Shields
and John J. Kilroy, in an adjoining
room, although he had previously
sworn that he did not know the de-
tectives were In the place.
After consulting the minutes of the
grand jury Judge Wadhams found that
this testimony conficted with the tes-
timony Of Lennon, who told the grand
Jury that he saw the defendants enter
-. nh q q
"If il is possible for grand iuries 20
indict men on such testimony as this,
any innocent man is liable 70 be in
dicted." said Judge Wadhams, turning
10 Lennon.
The court directed that Lennon be
turned over TO Acting Captain Jones
Of the Third Branch and that the min
utes of the examination be referred 70
Police Commissioner Woods.
Then Judge Wadhams offered 70 al
low the burglars, John Nogel, Martin
Flanagan, Charles Johnson and Nc
Cabe, to change their pleas 20 not
guilty All four declined to take ad-
vantage of the offer.
According 20 the watchman's admis-
sions he knew McCsbe ten years ago,
and early last month met him for the
first time in several years. McCabe
told him that he was just out Of the
penitentary for bit OF safe robbing
Before they parted, the Waterman said
he had told McCabe the best time TO
rob the Rockefeller Institute safe, and
had received assurances that the burg
larry would take place as arranged. on
February Is. All this time, Phillips
declared. he was planning to notify the
police, and the records of the Third
Branch showed that he did so.
"Michael Flanagan is the slickcst
highwayman that ever came before me
in my eight years on tho bench in
General Sessions" said District Attor.
ney Swami when asked regarding the
disposition of the case. "All the rest
Of the defendants have prison records
From all that ! can learn, the watch
man, Phillips, did his best to aid the
police in preventing the theft of tho
institutes payroll and incidentally in
putting in jail a dangerous quartet Of
rascals."