New-York tribune., 1920-05-26
Henry Indicted
torPerjjuryby
Almirall jury
Inspector, Acquitted Ten
Days Ago After Trial for
Alleged Neglect of DUTY.
Is Freed OH $1,000 Bail
Again Under Suspension
Statements That Prosecutor
Made Overtures to Pro.
tect Vice Declared False

Police Inspector Dominick Henry ,u.c
lndicted on charge of perjury yes
terday by the extraordinary grand jury
Henry was acquitted only ten davs apo
OF neglect OF duty, it having been al
leged that he failed to suppress dis
orderly houses in the 4th Inspection
District
Inspector Henry was suspended by
Pollce Commissioner Enright, in ac.
cordance with the rules of the depart.
ment, shortly after the Indictment was
returned. Inspector James S. Bolan
commanding the Third Inspection Dis
trlct, was in charge of the Fourth Dis
trlct last night, but it could not be
learned whether this arrangement was
to last throughout Henry's period of
| suspension.
From the date of his Indictment on
the otner charge, April 70, until Judpe
Malone directed his acquittal. Nav a.
inspector Henry was under suspension
"A few evenings after his restoration
to duty his friends gave "victorv
celebration" for him.
The new Indictment is based on tes-
tlmony Henry gave before the grand
jury on March 80 last, when he swore
that James Il. Smith, Assistant District
attorney, made overtures to him look-
ing to their joint protection of gam
pliers who would pay graft. Smith con-
quoted the prosecution of Henry on the
neglect of duty charge.
Henry, who had learned of the per-
jury Indictment, was in court with his
counsel, William E. Murphy, when the
olli was handed up to Justice Barlow
). Weeks He pleaded not guilty and
was was released at once on $4,000 bail,
james heafdon went on the bond
Alleged False Testimony
y Alexander l. Rorke represented the
District Attorneys office at the az Az.
ralgnment Mr.. Rorke said he did not
oelleve he would be designated to nros-
cute ccute the case. Justice Weeks granted
N.Y. Murphy two days in which to make
any necessary motions.
The indictment was handed m about
Almirall. '''0'4o o.
u Inc alleged false testimony given by
Henry to the grand jury on March "a
was substantially the same AZ sta+oD
ments the inspector made in six affi-
daVlts he gave out on March % and
winch were published in the newsnaners
the Following day. The extraordinary
grand jury took cognizance of the afi-
davlts and summoned Henry to testify
According to the Indictment. Henrv
swore that on February 8, 1918 he re-
ceived telephone cali from James I
Hines Democratic leader of the 18th
Assembly District, who asked him to
meet "a friend" at 1O3d Street and
Amsterdam Avenue. He said he kent
the appointment and was Introduce d
by Hines to Assistant District Attorney
| Smith
Several Cases Cited
Henry testified that Smith told him
that he lSmith? "was going after the
Jew gamblers, but would not touch a
HAIR of the head of any Christian run
nlng a place" He further declared
that three days later the Assistant Dis
trlct Attorney informed him that if
there were any Christian gamblers
Henry was interested in who wanted
Ito do little business in Henry's dis
trlct it was all right"
On March 9, 1918, Henry told tn G
grand jury, he met Smith by appoint
ment at Sixty-eighth Street and Broad
way, He said Smith confded to him
that on an occasion, when it had been
arranged with Inspector Honest Dam
Costigan to trap patrolman named
kerrigan for taking bribe from Fred
erick w. Hopler, of 240 West Fifty
Continued page four