New-York tribune., 1920-06-09
Henry Evidence
Tissue of Lies,
Asserts Rand
Inspector Faces Trial ON
Perjury Indictment Grow
ing Out of Alleged Attack
ON Prosecutor Smith
Jurymen Quickly Chosen
Cochran Motion to Dismiss
Case for Alleged Irregular
Procedure Is Overruled

A jury WAS quickly selected yester-
day before Justice Barlow S. Weeks in
the criminal branch of the Supreme
Court to try Police Inspector Dom
mick Henry on an indictment charging
him with perjury, returned by the ex-
traordinary grand jury
Henry, who recently was acquitted
of neglect of duty, is charged with
making false statements under oath to
the extraordinary grand jury concern
ing alleged offers made to him by AS
sistant District Attorney James f.
Smith for the protection of gamblers
in the 4th Inspection District. over
which Henry had command.
Called "Tissue Of Lies"
In his opening address to the jury,
William Rand, Special Deputy Attorney
General, characterized Henry's testi-
mony as "tlssue Of lies" and he would
call the various men said by Henry to
have approached him as emissaries Of
Assistant District Attorney Smith to
prove it.
Mr., Rand led up to his refutation of
Henry's charges against Smith by re-
counting the incidents that preceded
them. He dwelt on the warfare be-
tween the Police Department and the
District Attorneys office and told how,
after Governor Smith had ordered the
empaneling of an extraordinary grand
jury to investigate members OF the
District Attorney Smith had obtained
the indictment of Deputy Police Com
missioner Porter and said he was go
ing after an Inspector" Henry gave 80
newspaper men number OF afhdavlts
attacking the character of Smith.
Mr.. Rand went on to say that Henry
was called before the extraordinary
gradn jury and repeated the story,
which was contained in his affidavts,
that James j. Hines, the political lead
er of the upper west side, had asked
him to meet o friend of his on -eb--
ruary 9 1919, and on the evening of
at the corner of 103d Street and Am
sterdam Avenue to Smith.
Henry's account of that meeting is
that Smith told him he was going after
the "Jew gamblers" of the city, but if
the Christians wished to carry on q
quiet game he would not molest them.
Mr.. Rand also repeated that part of
Henry's testimony, in which the in
spector said he was approached by
Smiths brother-in-law, Dennis j.
Quinn, about opening a few gambling
houses in which Quinn would be pro-
tected.
Motion to Dismiss Denied
oration," said Mr.. Rand, "has been
searched for and all questioned say it
is Joseph Hyman, gambler, who has
taken wings and disappeared"
Before the jury was selected, Bourke
Cochran, appearing al as for III lnspeGtar ;nd;e}
ment as irregular. He alleged that
Deputy Attorney General Rand was in
the Jury room when the testimony was
being considered. Rand explained that
he was not in the jury room when the
vote on the indictment was taken and
that he was authorized by the Gov
ernor to be present at the sessions of
the extraordinary grand jury. Justice
Weeks denied Mr.. Cockran's motion
asked prospective talesmen whether
they knew Mayor Hylan, Police Com
missioner Enright, the deputy police
commissioners and others connected
with the police department or with
the District Attorneys office. When
the jury was finally selected the pros
ccution had used three peremptory
challenges and the defense six.
The jurors are:
Edward B. F. Seixas, cashier, 60e
West 18th Street; Arthur H. Bod
dicker, secretary, II Lexington Avenue;
Frank B. Guest, coal dealer, 85 West
103d Street; Emil Ackerman, of 1856
Madison Avenue; Thaddeus S. Barlow
superintendent, 561 West 143d Street;
julius MARGIN, merchant, 500 West 172t
Street; Howard S. Beidleman, electri
clan, ,507 West 138th Street; Edward
D. Laudy, clerk. 460 West 149th Street
Charles Corn, millinery, 800 Wes
Ninety-ninth Street; Walter / Conary
secretary, 1249 Amsterdam Avenue
William ]. SIMS, manager, 315 Wes
121st Street; William f. Dawson, au
ditor, 55l West 185th Street.
When the court took recess unit
this morning the jury was taken to tn,
Murray Hill Hotel, where it will b.
lodged every night during the trial
which both sides expect will be ovel
hv Eridav eveninU