The New York herald., 1921-02-09
WHITMAN PR0BERS
NDICT ONE MORE
MOTOR SQUAD MAN
Judge Mulqueen Intimates
That He Might Dismiss
Bills Against Two.
INQUIRY ON FIREMEN
Thread Followed To-day
Believed to Lead Into
That Department.
JUDGE EXTOLLS OWENS
POINTS to War Record of
Marty in Discussing Insuf-
ficent Evidence. .
INQUIRY ON FIREMEN
JUDGE EXTOLLs OWENS

Although Judge Mulqueen spoke
skeptically in General Sessions yes
terday Of two of the indictments pre-
viously obtained by Charles S. Whit
man against members of the police
automobile squad and intimated that
he might dismiss them for lack OF cor
roboration OF the essential evidence,
the same Grand Jury went ahead and
indicted another man of the squad.
The jury reported its action to Judge
Grain, but as the accused sergeant has
rot yet been arraigned it would be a
violation OF the law to publish his
name even if 1t were known. Pre-
sumably he is charged, as are his four
comrades heretofore indicted, with
asking and receiving an unlawful gra-
tuity in the form of a reward for the
recovery of a stolen car.
It is predicted that several more men
will be indicted when the Grand Jury
meets again Thursday, on evidence pre-
sented yesterday by Mr.. Whitman and
two assistants. James E. Smith and
Frederick ]. Groehl. At least one and
POSSIBLY lfTGe Oh lDcIl arc lihcihOCiS OA
the Fire Department. The favorite ver-
bal combination of the Criminal Courts
Bullding-"high officials'-waS unoffi-
cially applied to them yesterday. The
really high offices of the department
need not be uneasy, however.
If any firemen are indicted Thurs
day they probably will prove to be minor
figures. who because Of their jobs are in
a position to exert considerable influ-
ence affecting others.
Enright's secretary Before Jury.
1t has frequently been hinted that one
OF Mr. Whitman's threads OF invesdga-
tion had been followed into the Fire
Department, and that II had nothing
TO do with automobiles. 1t had not
been supposed that he would have the
case ready for the Grand Jury yester-
day. but he did, and 1t was considered
when the jury returned from Judge
Grains court room after submitting the
indictment of the motor squad police
man. A key witness who was expected
TO be stubborn. answered all questions
readily before going into the Grand Jury
room and apparently made the ind ict-
ment possible. Whether or not this wit
ness was a woman whom MIR. Groehl
escorted before the Grand Jury could
not be learned. When Mr.. Whitman
returned 10 MS OIllCe at the eHu OA tHe
day he looked clipper.
Apparently, however, he is not wholly
satisfied that the Police Department is
handing over its records unfortunately
for Grand Jury purposes. Commissioner
Enrights secretary. William J. Gillespie,
and Chief Inspector Lahey's former sec
retary, George McNulty, we're before the
Grand Jury yesterday. They had been
directed to produce certain automobile
records which Mr. Whitman has been
after for some time II was said at
Police Headquarters last night that they
did not have these records and that the
wrong men were subppnaed.
Arguing before Judge Mulqueen for
permission to inspect the minutes of the
Grand Jury upon which he wished TO
base a motion to dismiss the indictment
OF his clients. Marty Owens and Thomas
J. Horan of the automobile squad, At
torney Louis Fridiger said that the
notat. .ons on the back of the Indictment
proved that none but Mark r. Decker.
an insurance adjuster could have testi-
fed before the jury that Owens and
Koran received illegal rewards. Decker.
he said, must have sworn that he paid
the rewards. and therefore he was an
accomplice. and. there being no cor
roboration. the indictment never should
have been found.
Judge Pays Tribute to Owens.
Judge Mulqueen remarked: IL do not
believe in obtaining indictments on In
sufficient evidence--evidence that has
not been corroborated--and then In the
prosecutor gathering confederation later
The law says there should be no indict-
ment unless there Is corroboration be-
fore the Grand Jury. Get the evidence
first That is the American theory Of
IL.
administration Of justice violate the law
how can we expect others to obey e.?
] have dismissed many many indict-
ments filed under the administration OF
District Attorney Swami and his prede-
cessors because OF the lack Of corrobo-
ration before the Grand Jury. They
should never have been filed.
Here We have a msn'-tho Judge
was speaking Of Marty Owens-"who in
the past has served his city, State and
country well. whose reputation Is a great
heritage to his family. II your position
Is that he is not entitled to the min
utes 7 don't agree with you. I won't
hesitate second In granting the inspec-
tion unless you convince me TO the con-
trary. II takes two parties 10 a bribe,
the giver and the taker. The mere fact
that grant these minutes does not
necessarily mean the indictment will
nave 70 De dismissed.
Decision was reserved pending the fl
ing OF briefs
NJ Whitman learned yesterday morn
Ing about what he called the best thing
thet has vet happened in this investiga-
tioh." This was compliance on the part
Of the Insurance companies with his re-
quest that hereafter offers Of rewards
for tho return OF stolen automobiles
shall include q condition that the reward
will not be paid unless the thieves are
arrested and convicted.
The plan agreed upon results from
meeting OF Mr.. Whitman and the auto
mobile underwriters last week IL is
set forth In a letter which has been sent
from the Automobile Underwriters De-
tectivc Bureau bv the theft committee
to ali members OF the underwriting con-
ferenccs In the Eastern and New Eng
lard states. The resolutions request
these members to pay rewards only
through tho bureau and suggest that
thc amount ~ the reward be left in
each case TO the discretion OF Director
shedd of the bureau. The recommenda-
tions are in tho form Of n request, sub
iect 10 approval by the underwriters at
large. hut " was said IN Mr.. Whitman's
oficc that 90 out Of 90 companies have
approved them
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