New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1921-01-10
Department Regulations
Require Patrolmen to
Give Enright All Facts
Whenever They Testify
Whitman Not Fold
That Joker Existed
Three Lawyers to Assist
Ex-Governor lin Probe:
Begins 1870 To-day

Mayor Hylan's offer of any six
policemen to assist Ex-Governor
Charles S. Whitman in his investi-
cation of the city administration
was discovered yesterday to be
cleverly camouflaged scheme to keen
himself in intimate touch with the
developments of the investigation.
The "joker" is found in Section
1874 of the new Police Department
rules which were compiled in 1920
by and under the direction of Com
missioner Enright. The section
reads:.
ANY member of the department
summoned to the District Attorneys
Office of any county in connection
with case in which he or any other
member of the department is apt to
be made or become defendant will
report the facts in detail at once to
tl,e Police Commissioner"
1t was pointed out yesterday that
MI. Whitman is to begin the investiea-
ton tomorrow as a representative of
the District Attorney of New York
County and that he is merely spe-
clai counsel and Deputy Assistant Dis
trlct Attorney, subject at any time to
removal by District Attorney Swami.
Therefore, it was argued yesterday.
any member Of the Police Department
assigned to assist Mr.. Whitman at
Whltman's request, or any policeman
who is called on for information. will
nave been summoned to the District
Attorneys Office within the meaning of
Section 184 of the department rules.
The policemen thus assigned would
of course, not in any way be under in
vestigaton, but the department will nm
questionably be under fire, and names
OF other members of the department.
against whom indictments are likelv to
be returned will come out. It will then
be the duty of the policemen under that
portion of Section 1874 which states ain
connection with any case in which he
or any other member of the depart
ment is apt to be made or become de-
fendant" to report in detail all they
know of the case.
The same section of the rule covers
any member of the Police Department
who is called by Mr.. Whitmsn for =
conference or as a grand jury witness
There are large number of police
men in possession of information which
will be of great value to the investi-
gator.
Many Of these men stand ready 20
help any investigation which will clear
up conditions, but they must remain
silent or disclose themselves to the
Police Commissioner as men who have
given informa tion on which indictments
OF high officials of the department may
he returned. This disclosure will be
made IN the reports the policemen will
be compelled to make, whether they
volunteer the information or are called
by Mr.. Whitman.
whitman Appears Surprised
BY the reports thus made Commits
sloner Enright and Mayor Hylan will
be in possession of information each
day before that information has been
dlgested by Mr.. Whitman, and certainly
before it gets before the grand jury.
Governor Whitman appeared sur
prlsed yesterday when Section 1874 was
called to his attention. He appreciates
the tremendous handicap under which
his investigation is placed by its pro
vision and said it would receive his
attention when he officially opens the
inquiry this morning.
The existence of the section was
unknown to several other membera of
the District Attorneys staff until Il
was called to their attention YESTERDAY
One of them said he believed thar
many of the recent grand iury room
leaks could probably be traced ia II
Another thought it conflicted with the
law prohibiting witness from disclo.-
ing the OBJECT of grand jury investi-
gatlon, even though the witness could
pup!ish has own testimony
When Ex-Governor Whitman gets his
inves1lgation under way this morning
IN the Criminal Courts Building, be
will have for his assistants three
prominent lawyers not connected with
Mr.: Swann's staff each of whom has
mad wide experience in handling yari-
Gus departments of the city govern
ment.
He will also have the assistance of
several members of Mr.. Swann's staff,
one OF whom is noted for his knowl-
edge Of police conditions. Mr.. Whit
man will begin work at 1890 a. M.
Immediately appearing before the
grand jury to outline his plan of cam
paign
The city editor and two members Of
The Tribune repertorial staff are uudey
subpoena to appear before the grand
jury this morning. Two former mem
bers of the staff of The Evening. Post.
one of them an ex-policeman who
served on Honest Dan" Costigan's
vice squad, have also been called, but
both men are out of town and will
not return for several weeks.
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