New-York tribune., 1920-08-30
u. S. Will Ask
Indictment of
TiernanTo-day
Prohibition Agent Says He
Is Convinced Judge S
Brother Sold Whisky to
Staten Island Hotel Man
Policeman Under Inquiry
Little Progress Made in
Solving Eckert Murder;
No Special Jury Probable

There were indications yesterday
that an extraordinary grand jury
would not be summoned to consider
the case of Frederick ("Robert')
Eckert, the bootlegger, who was shot
and killed in an automobile on Old
Town Road, Sttaen Island. August 81.
District Attorney Joseph Maloy of
Richmond last week asked that it be
convened
Illicit liquor deals and political con-
troversies arising out of the inquiry
into the cause for the murder have so
completely overshadowed the murder it
self that in all probability a Federal
grand jury will take up the matter.
Leroy ". Ross, United States Com
missioner in Brooklyn. will present to-
day his case against William Tiernan,
brother of County Judge J. Harry Tier
nan. for alleged violation. of the
liquor laws. 1t is understood that he
will request a Federal grand jury to
consider this and other violations
which are said to have been discovered
on Staten Island.
Tiernan's Deals Examined
John J.. Quigley, assistant supervis-
of William Tiernan's liquor transac-
tions. He says he is convinced that
William Tiernan sold three barrels Of
whisky Henry Hugot, proprietor of
q hotel In ST. George, S. l. Mr.. Tier
nan is in the y holesale liquor business
and has permit to withdraw liquor
from warehouses for medicinal pur-
poses only. He is under 100000 bond
to observe the permits stipulations.
Mr.. Quigley said he is also investi-
eating Police Sergeant John F. Smith
for alleged participation in a LIQUOR
deal between Hugot and man named
Berger.
Smith was attached to Mr.. Maloy's
Office until Mayor Hylan ordered Police
Commissioner Richard Enright to sus-
pend him last Friday. The Mayor said
yesterday that an investigation of
Smiths acts was under way.
Mayor Hylan also said that he could
not be responsible for the conduct of
individual members of the police.
81 am trying" he said, "to administer
the affairs of the city honestly and
efficiently, and l will not stand for
anything off color in the Police Depart
rent"
He added that when any discrep-
ancles were brought to his attention he
IL.
In speaking of Magistrate Frederick
Mullen's release from further partic-
patton in the Eckert case and the ap-
pointnent of Magistrate Simpson to
sit in his court, the Mayor said that he
had watched the case with interest and
had thought it remarkable that Judge
Tiernan should sit as city magistrate
He said he knew something of Mag
istrate Mullen's indispostion. William
Mullen, the magistrates father, had
come to him on Thursday of last week,
told him of his sons condition, and
had requested thirtv-day leave of alb
sence for him. This had been granted,
the Mayor said.
Tiernan Explains
Judge Tiernan in his statement of
Saturday said that Magistrate Mullen
was too i'll Tuesday morning to attend
to the business of the court and that
he had volunteered to sit for him, be-
cause complaints against William Mo
loney and Charles Kahn were to be
made that day, accusing them of the
murder of Eckert, and he and the Dis
trict Attorney were afraid Magistrate
Mullen could not hold court
Both Moloney, the proprietor Of the
hotel in which Eckert and his wife
lived under the name of Hayes, and
Kain. hackman, who owned the au
tomoble in which Eckert was found
dead are still in jail. Judge Tiernan
adjourned the case until tomorrow.
The only evidence that Mr.. Maloy pre-
sented to hold the two men for the
murder was that Mrs. Eckert had re-
ceived, so she said. telephone mes
sage from her husband at $40 o'clock
Friday night--the night before he was
shot--and he had told her he was with
Maloney and they had an autom obie.
Dry Agents at Work
Prohibition agents are now busy on
Staten Island If there is any liquor
there now in the hands of irresponsi-
Bile persons it has been buried deep
in their back yards.