New-York tribune., 1921-03-11
Whitman Acts Suddenly
to Avert Opening of
Grand Jllry's Books;
Lalcy and 10 Affected
Enriglat Forced to
Surrender. Records
Judge Reverses Order Of
Commissioner To Hold
Out ssReward'' Books

a sensation was caused in legal cir
cles in the Criminal Courts Building
yesterday when former Governor
Charles S. Whitman unexpectedly ap-
peared before Supreme Court Justice
Vernon NJ. Davis and within q few
minutes had the case of Chief In
spector William ]. Lahey and ten other
members of the Police Department., now
under Indictment, transferred out OF
the Court of General Sessions into the
Criminal Branch Of the Supreme Court.
All but two of the cases affected are
those in which indictments have been
found against members of ne Police
Department for accepting unlawful
gratuities. The other two involve
Patrolmen Robert A. O'Brien and Cor
nelius j. Flood, charged with the mur-
der of a sixteen-year- boy in July,
1918. All the indictments were voted
by the extraordinary grand jury in
vestigating the Hylan administration
in general and the Police Department
in particular
Neither Mr.. Whitman nor any of his
assistants would discuss the sudden
transfer of the cases yesterday, but
at the District Attorneys office it was
regarded as the former Governors an
swer to Judge Thomas C. T. Grains
stipulation, made on Monday, that un-
less the indicted policemen were
brought to trial by the first week
in April he would throw open to
their attorneys the minutes of the
grand jury that had idicted them.
Long Legal Battle Is Seen
Mr. Whitman's unlocked for action
Immediately precipitated what prom
ises to be q prolonged and bitter legal
battle on the part of counsel for the
accused officers to prevent the trans
fer of the cases to the Supreme Court.
AS the situation stood last night the
cases will be tried before Justice Davis
beginning March 81. In addition to
the trials Of Inspector Lahey and those
of Flood and O'Brien, the cases
affected by the transfer are those Of
Police Captains Percy M. Dubois and
William A. Bailey, Detectives Martin
S. Owens, Thomas J. Koran, George J..
Scott, George ]. Andrews, William J..
Hussey, William B. O'Connor and Will
liam T. Hemmerick.
The murder cases were scheduled to
be tried to-day before Judge Thomas
c. 7. Grain, in General Sessions, who
has been presiding over the additional
grand jury, but unless unforeseen legal
action is taken they probably Will come
up before Judge Davis in the Supreme
Court some time subsequent to
March 21.
William ]. Fallon. attorney for Cap
tain Bailey and Patrolmen Flood and
O'Brien, moved last Tuesday 10 have
the Bailey trial precede that Of the
two policemen. This motion is now
being considered by Judge Mott, and
his decision is expected to complicate
matters still further. 1t was under
stood yesterday that both M. Fallon
would do everything in their power to
prevent the trials of their clients from
being transferred to the Supreme
Court
Louis Fridiger counsel for Thomas
J. Horan and Martin S. Owens, declared
most emphatically last night that the
transfer of the cases was illegal.
Attorneys Divided on Law
Lawyers in the Criminal Courts
Building yesterday were divided as to
the legal aspects of Mr. Whitman's S
move. Some were Of the opinion that
it automatically gave the defendants
the right to inspect the grand jury
minutes on which they were indicted,
while others believed that it would
effectually prevent this.
The opinion was unanimous that Mr.,
Whitman made the move with the idea
Of preventing an inspection of the
minutes.
When the opinion of Judge Grain
was sought last night he said:
II granted the inspection of the
grand Jury minutes to the defendants
conditional upon the failure of the Dis
trict Attorney to sign the stipulation.
There is a grave question of law as to
whether the transfer of the cases pre-
vents the inspection of the grand jury
minutes"
After Justice Davis had signed the
order transferring the cases Emil
King, attached to Mr.. Whitman's staff,
took the order from the Supreme Court,
where Judge Davis was sitting yester-
day, to the Criminal Branch of the Su-
Building. and Clerk William Penny, of
that court, entered the names of the
defendants upon the docket.
Defendants Fight Begins To-day
The fight to be made by the attor-
neys for the accused policemen to pre-
vent the transfer of their cases and to
secure inspection of the grand jury
minutes will begin this morning, al
Continued on pags fve)