The New York herald., 1922-02-21
Herald Editorial Stirs
Further Search Into Rea-
son for Arrests.
CAPT. DONOHUE DISPUTED
He Knew Source but Confused
His Directions, Is Inference
From Testimony.

Police orders to watch the birth
control meeting at the Town Hall on
November 13 did not originate at Po-
lice Headquarters but were issued on
TIE initiative of Police Inspector James
S. Bolan a the Fourth district, who
had read reports of the meeting and
advised Capt. Donohue of the West
Forty seventh street station to have
plain clothes men see that the law was
not violated.
Such was TIE testimony Of Inspector
Bolan before David Hirshfield Com
missioner of Accounts. who reopened
the birth control hearing yesterday
after reading an editorial in THE New
York HERALD which stated it would be
possible to trace the instructions to
the original source.
Originated the order.
Inspector Bolan said he was at home
when he read of the Town Hall meet
ing. He called up the West Forty
seventh street station at 7:30 o'clock in
the evening. He had not received any
orders from Headquarters. he said but
recalling previous arrests of Mrs. Mar
garet Sanger for distributing illegal
literature and remembering accuse tions
against her. in connection with similar
activities by Emma Goldman. he con-
cluded ii was his duty TO have the meet
ing supervised. He continued
when Capt. Donohue answered over
the telephone he told me he had no
plain clothes men available and would
go TO the Town Hall himself with a
number of policemen TO see that the
law was not violated. | did not tell
Capt. Donohue to close the Town Hall
meeting.
MY only advice to Caps. Donohue was
to see that the law was not violated,
and that if it was violated 10 take
such action as was necessary TO pre-
vent the violation"
Lieut.. Joseph Courtenay of the West
Forty seventh street station testifled
that he knew of no orders from Head
quarters. His only connection with the
controversy, he said. was that he an
swered the telephone at the station
desk when Inspector Rolan called ana
sent upstairs for Capt. Donohue TO
speak over the wire.
In his previous testimony Capt. Dono-
hue had said It was Lieut.. Courtenay
who had transmitted the order from
some source at Police Headquarters.
This may be explained by the fact that
there are no direct telephones In police
stations and that all calls must pass
through Headquarters.
Donohue Disputed.
Capt Donohue's statement that he did
not get the order direct was shown TO
he erroneous both by Lieut.. Courtenay
and by. Inspector Bolan, the latter testi-
flying that he first spoke TO the desk
lieutenant and then waited for several
minutes before Capt. Donohue reached
the telephone. He went on.
"A moment later Capt. Donohue an
swered the telephone. L knew it was
Capt. Donohue because recognized the
voice and because the Captain an
nounced himself according to police reg
ulations, and there wasn't any question
that 1t was Capt. Donohue who answered
the wire
Commissioner Hirshfield announced at
the close OF the hearing that he had
called the two men to clear up the dis
puted point and to set the record
straight regarding the source of the or
der The inference drawn from the
hearing was that Capt Donohue either
misinterpreted the conversation with In
spector Bolan or had acted overzealously
on the instructions or his superior