The New York herald., 1921-03-08
DU BOIS MUST GO
TO TRIAL BUT MAY
INSPECT MINUTES
Police Captain Accused Of
Accepting Fees Loses
Plea to Quash.
PIER PROFITS Barred
Contractors Books Show
Where City Got Short End
OF Many Bargains.
GETS STOLEN BOND LIST
Chilvers Digs Further Into
Police Rewards for Rec0y-
cry Of Securities.
GETS STOLEN BOND LIST

A motion TO dismiss the indictment
charging Police Capt. Percy NJ. Du
Bois with taking unlawful fees was
denied by Judge Grain, in General Ses-
sions, yesterday, following a success
ful effort on the part Of Terence j.
McManus, Capt. Du Bois's counsel, to
obtain an inspection Of the Grand Jury
minutes.
Whether attorneys for Marty Owens
and Thomas j. Horan. detectives SER
geants attached to the automobile
squad. who are under indictment for
receiving unlawful fees, may inspect
the Grand Jury minutes in their cases
depends entirely upon former Gov.
Whitman, the special prosecuting Off
Ger investigating all alleged official
misdoing hereabouts, according to an
other decision rendered yesterday by
Judge Grain.
The indicted persons hold public place
and are charged with criininality in Of
ficial station" Judge Grain said. "A pub
lie interest IS therefore involved in the
early disposition of their cases. The de-
PENDANTS, moreover are entitled, both In
morals and under the rules Of this court
and the Constitution. to a speedy trial
These motions are therefore granted TN
less the District Attorney stipulates In
writing in each case on or before March
10 that he will not directly or Indirectly
oppose the trial of these actions. begin
ming with the one In which the irdict-
n4cnt was first found and taking them
I'm r1rnnnfnpf~al prdnr lota bay,
the first Monday of the April term"
Judge Grain said he would demand
that tho stipulations be broad enough to
protect the defendants against motions
or other steps to cause postponement.
THE decision by Judge Grain speaks
for itself and / have no further COM
ment to make Gov. Whitman said I'VE
win go to trial with the cases just as
soon as we can. There will be no un-
necessary delay
The contention on which Mr.. McManus
relied in asking for an inspection Of the
minutes in the Du Bois case was that the
witness testifyi1g before the Grand Jury
to the pyafnent or money must be re-
garded as an accomplicc. and, therefore.
his testimoney must be corroborated be-
fore an indictment can lawfully be re-
turned.
William Chilvers. one of Gov. Whit
iiAdii . nEoictaHAss W6S iai A11iAEAEHNS Win
three members OF widely known firm OF
contractors who have had much TO do
with the leasing OF city piers. so Mr..
Chiivers said. They brought the books
OF the firm with them to the Criminal
Courts Building. and Mr. Chilvers said
he obtained a list Of piers they had
leased from the city and then subleased
with big profit
A number OF cases we're disclosed, II
-
';rm obtained $3.50 a day for piei.
they leased from the city for s100 a
day. They paid s21.56 day for one
eide OF small city pier and subleased
i for $3.50 day. according to Mr..
Chilyers. Other specific cases cited BY
aim we're Of a pier subleased by the
'irm for SIS a day. for which they
paid the city 1915 a day; another leased
fer Si7.75 and subleased by the con-
tractors for 500. In on instance Mr..
Chilvers said the records showed the
firm paid the city SIS a day for 100
square feet of pier space which they
rented to an outsider at the rate of
s35 daily.
The records OF the firm seemed TO
disclose. so Mr.. Chilvers said. that It
controlled the pier leases both on the
Brooklyn and Manhattan water fronts.
Mr.. Chilvers obtained from the prop
erty clerk OF the Police Department a
list OF bonds stolen here during the
asst year which totaled between $500
600 and sl,000o 900. He secured the
rames OF the bond houses from which
tie thefts we're made and a list OF the
.oiice officers to whom rewards were
paid for the recovery or the stolen Sc
curitles Twenty Stock Exchange
houses are included in those which
rave suffered losses.
A prisoner In the Tombs recently
sentenced to Sing Sing asked Mr.. Chill
vers that he might be held here for
zen days IN order that he might give up
details of robberies In railroad yards
ia which he said the police and rail-
road detectives figured Goods valued
at 100000 arc involved In one OF these
iobberies, II was said by Mr. Chivers.