New-York tribune., 1921-03-08
of
z Police Captain
Held Regular
judge Grain Denies Mo
fion Of Du Bois for a
Dismissal Of True Bill
Charging Unlawful Fee
Victory for Whitman
Members of Auto Squad
Get Order to Force Inn
mediate Trial for Graft

Vct VFTOcf tO TOrCc AIlI-
mediate Trial for Graft
Former Governor Charles S. Whit
i scored what was regarded as "a
s'sost significant victory yesterday,
when Judge Thomas c. I. Grain, pre-
siding over the extraordinary grand
'n.y Investigation of the Hylan admin
'Scsation. denied motion made by
Teronce j. McManus, attorney for
'oHcc Captain Percy NJ. Dubois, for
dismissal of the Indictment found
r-aiYst the latter on the charge of
,akinx an unlawful fec.
The motion was made by McManus
ter be had obtained inspection of the
Grand jury minutes. 1t was contended
hv counsel for Dubois that the man
who paid the money should have been
held to be an accomplice in the alleged
crime.
In his ruling Judge Grain declared
1T whether the alleged payer OF the
N~ct coold y, so held WAS question
te he decided by tho jury.
make enc an uccomInco. .ludTH
ats.tficd. "that ono must conclouslI
~1rTo ely AID m the commission OF
crimc The mere doing of an act
,,:thout criminal intent does not make
IN an acoomplice.
Immediate Trials Sought
In the cases OF Detective Sergeants
alartin Owens. Thomas ]. Horan, Will
liam Hussey and William T. Hem
nerich, members of the Police Auto
mobile Squad and now under indict-
,aeAt for having accepted unlawful fees
or the return of stolen cars, Judge
Crain granted motion by Louis Fridi
crr cor the inspection of the grand
zry minutes. on condition that Mr..
','hi'rlan, as representative of the
is,stri~s Attorneys Office, fails to file
sfirui.tion that he will Dot oppose a
.ea' .r.: for these men,
Ins eaU'ts ruling said;
These moticrs arc therefore grant
ca. aNiess the District Attorney stipu
.ates Ia writing in each case. on or be-
er M"4ch 20, hat he will not directly
''i Indirectly oppose the trial of these
'c' ors. ncginning with the one in
src indictment was first found.
alG ;sainr them up in chronological
.ar. not latef than the first Monday
the Arril term. the stipulation filed
a.-a..t ease be broad enough to pro
fec. t,csQ defendants against motions
.s etaer steps having for their objec
.os' PoHcmont OF the trial
sRea stipuiatIons arc made and
M aY the District Attorney the mo-
f au inspection Of tho grand
iNutcsl viii be dcnied.'
n Mr.. Whitman was asked last
rherrcr he would make the
er9T 81 iDnlatjons he said he had
as -. & made Up i,is mind as to what
rs he would take.
City Departments Under Fire
The additional grand jury is schcd
ied 90 .leef AGAIN this afternoon. and
It Is understood that evidence will be
il.geet hr orc II by several OF Mr.. Whit
r.a1 ar s'ants in connection with
r2.icHa city departments that have
seca urder iaqcily.
lt is dorbtful whether Mr Whitman
VIII be able to appear personally. be
tnl'0 thc body. as he expects to be en-
.r~'l in Judge Grains court with the
,ia9 ef oatfolmen Robert A. O'Brien
rG Cerac.ies j. Flood. charged with
lst degree murder.
While attached TO the West Forty
.".eath Street station in July, 1918.
alleged that O'Brien and Flood
he Nilt killed slXteen-y -year-old James
nsning while lie was playing with
alccous Oh the roof of 800 West Fiftieth
tseet
Wiiiam Chilvcrs, Whitman assis.-
nj. had before him yesterday certain
r0srs kept by the property clerk Of
nc aiicc Department which gave a
i'f + stolen bonds recovered by the
Hciiee Gallng the last year. AS a re-
ui7 ~2ny Of these recoverics. it is
.''c@fe members of the department
.cer ted unlawful gratuites from
DscfT npanies. banks and stock c:-
i
Financial Houses Give Aid
= The total amount OF securities re-
"oYcred by the police is said to be
er1 ~ here between SS0O,00O and ST.
100000. The books and records sub
.ice yesterday give the dates of the
hcfts. the par value of the bonds. the
nAnles Of the officers recovering them
M the names of the owners
NAtn the assistance of the books and
cords OF the surety companies and
financial houses concerned Mr. Chill
cr5 hopes to be able to ascertain the
emounts Of the rewards alleged to have
rem nnid TO the police
The records Of the surety companies
recahed Mr.. Chilvers's Office yesterday
nd he also received assurances from
the members Of more than twenty
PsONN ENcHdHSe houses IN the Wall
street district that their books would
be forwarded to him to-day.
Dock Graft Probe Continues
Among other witnesses examined BY
Mr. Chiivers yesterday were three
members OF we'll known New York
contracting firm who were called in
connection with the investigation OF
The Dock Department.
Much information concerning series
oi robberies in railroad yards in Man
haitian is said to have been given to
Mr. Whitman yesterday by prisoner
.oW IN the Tombs under sentence for
Grand larceny. Mr.. Whitman yestcr-
day requested that the prisoner be de-
tened here for another ten days that
r. can be questioned further He was
70 have been taken to Sing Sing yes
tcrday.