New-York tribune., 1921-03-09
Trials of Three
POlicePut Off
Until Friday
Counsel for Two Accused
of Staying Boy Asserts
He Is Trying to Locate
an Important Witness
Bailey Case Postponed
Whitman Says Hearing of
Charges Against Captain
Now Would Hurt Probe

The trials Of Police Captain William
A. Bailey, charged with accepting an
unlawful fee, and Patrolmen Robert A..
O'Brien and Cornelius ]. Flood, charged
with the murder Of James Cushing,
sixteen years old. in July. 1918, were
postponed yesterday by Judge Charles
c. Mott jr., until next Friday morning.
While former Governor Charles s.
Whitman and Assistant District At
torney George N. Brothers were pre-
pared to proceed with the prosecution
of the murder cases, William ]. Fallon,
attorney for the defense, declared that
he Yves not ready and demanded that
the Bailey case be tried first. Mr..
Fallor also represents Captain Bailey
Mr.. Whitman told the court that he
was not prepared to go ahead with the
Bailey matter, as the investigation Of
the Police Department was continuing
and the prosecution did not intend to
"betray it's hand"
Two hundred talesmen were on hand
for service at the trials, but Mr.. Whit
man said that at the time the special
panel was asked for, he had announced
that he was not ready to continue with
the Bailey case and would not be for
some time.
Defense Seeks Witness
In urging another postponement Of
the murder trials, Mr.. Fallon said that
at the time of the shooting police Of
fcers arrested two men, one of whom
is now In Sing Sing.
"This man could be brought from
prison at any time" MIR. Fallon said,
"but the whereabouts of the other is
unknown and we are now doing our
best to locate him. Both are import
ant witnesses for the Defendants"
The lawyer declared that the Bailey
case had been set for Monday and had
been put over until Tuesday.
Il was ready to 90 ahead Monday,
and l am ready to go on to-day" Mr..
Fallon asserted. "Captain Bailey is
now under suspension from the Police
Department and l must insist that his
trial proceed without any further de-
lay"
In putting all three cases over until
Friday morning Judge Mott intimated
that he would decide at that time which
is to be taken up first.
Whitman Again Before Jury
Mr.. Whitman again went before the
additional grand jury yesterday, but
the session was a brief one and no in
dctments We're voted. Later he in
formed newspaper men that he would
go before the body tomorrow after
noon and at that time expected to fin
ish up the matter with which he has
been engaged. This is said to pertain
to certain city contracts.
The witnesses called before the jury
yesterday were Arnold B. MacStay, for
mer Street Cleaning Commissioner;
William Charlesworth and Joseph Mar
rome, contractors, and William II. Sher-
wood. an insurance adjuster.
William Chilvers, one of Mr.. Whit
mans assistants, spent yesterday ex-
amining books and records sent to h i'm
by more than twenty Stock Exchange
houses Of this city. He informed news
paper men last night that he had dis
covered a number Of cases in which re-
wards Of varying amounts had been
paid to members of the Police Depart
ment for the recovery of stolen bonds
and other securities. one instance was
found in which a we'll known surety
company had paid very large reward
to two detectives attached to Headquar-
ters.