New-York tribune., 1921-02-17

Judge Grains court to oppose the mo-
tion made by Louis Fridiger for Owens
and Horan for an inspection of the
minutes he exhibited a great deal of
the energy which characterized his
handling of che Becker case.
Mr.. Fridiger's argument was that the
man who had paid the illegal gratuity
TO the two detectives was equally
guilty and should have been indicted
with them. He also emphasized the
lack of corroboration.
When Judge Grain suggested that as
a matter of public policy the case
should be sent to trial without an in
spection of the minutes Fridiger moved
for an immediate trial. The motion
was denied.
Mr.. Fridiger In his argument took
occasion to criticize Whitman and his
aids for giving to the press what Frldi-
ger characterized as false statements
tending to create an atmosphere of
antagonism against his clients.
II have never given out to the press
false statements-nor has any man
associated with me-" Mr.. Whitman
| said in opening his argument "The
fact Cf the matter is that even with
what my learned opponent calls false
statements appearing in the press not
one-half the truth of the situation has
been told"
Mr.. Whitman then quoted authorities
showing that the city charter section
and Horan was based, specifically
stated that the public official who &C.
cepted a gratuity was guilty of
felony; that the man who paid such
gratuity was not principal and could
not be indicted under the section, and
that the matter of corroboration must
be left to trial by jury.
In referring Fridiger's application
for an immediate trial, Governor Whit
man, jaw set, and pounding the counsel
table, shouted:
Higher Officials Come First
There is no reason why these two
police officers, indicted as common
grafters, should claim precedence over
1900 other cases. The Indictment of
higher police officials certainly should
be heard before these cases.
eve are conducting an investigation
which will reach colossal proportions.
Crimes of greater Importance must be
dealt with before these defendants are
tried"
Whitman leaned across the table and
with arm outstretched said:
"Only last Friday important evidence
came to us relative to this scheme of
fraud and graft in which these two
defendants are involved. The grand
jury is still at work on this very line
OF Investigation. To open the records
of that jury now would have no prece-
dent in law. The plea made here to-
day was the same raised in the Becker
case--that the defendants are police
men. In the Becker case the motion
20,
| denied"
Judge Grain, in reserving decision,
said he wanted time to 20 into the
case thoroughly before rendering 4
decision.
| Important Evidene From O'Brien
Last night Mr.. Whitman admitted
that the evidence he referred to as
| having come TO him last Friday was
the result of the arrest of Thomas
! O'Brien, held as an automobile thief.
1t is said that O'Brien's arrest had
| resulted in clinching q case against 8
| member of the Automobile Squad who
is closely connected with Headquar-
| ters.
A number of voluntary witnesses
who called at the District Attorneys
Office yesterday to talk to William
Chilvers, who is handling the Dock De-
partment end of the Whitman investi-
CATION of the Hylan administration,
were told TO return again to-day. They
were informed that Mr. Chilvers was
sick and would not leave his home be-
fore Thursday.
Two witnesses went to Mr.. Chilvers's
! home in the afternoon and made state
ments which, it is understood, will be
repeated to-day for stenographie copies.
! These witnesses are described as steve
/ dors, and their complaints are alleged
to indicate that the docking Of barges,
scows and even large sized steamers
at open city piers in the Port of New
York was controlled by few persons
closely affiliated with Tammany Hall
The Tribune learned last night that
a number of Mr.. Chilvers's assistants
visited various steamship Offices in the
vicinity of the Battery yesterday and
obtained statements from American
shipowners who are lessees of city
piers. These statements, it is said, will
be placed before Mr. Whitman and
may be called by him to the attention
| of the extraordinary grand Jury.