Evening star., 1938-08-30

policeman who was broken "-reduced
in rank from plainclothesman to q
uniformed harness bull" after he had
raided a Dutch Schultz policy bank
was called to the witness stand by the
State today in the conspiracy trial OF
Tammany District Leader James j
Hines.
Previous witnesses testified tha
Hines. as the alleged political "fixer'
for the Schultz racket syndicate, uset
his influence to cause the transfer OF
persistent police raiders to outlying
districts.
The patrolman. Raymond B. Stilley
testified he raided drop" station OF
a Schultz-controlled policy bank when
he was a member of Chief Inspector
John J. O'Briens squad in 1898.
A short time later he was denoted
and sent back into uniform from the
chief inspectors squad, with loss OF
$240 year in pay.
George Weinberg, former business
manager of the Schultz racket com
bine, has testified that he complained
to Hines about the squads raids and
that subsequently nearly the entire
squad was reduced to uniform.
Hopes to Prove Identity Error.
Meanwhile, it was indicated that
Hines defense lawyers would attemp,
to show that the testimony of five Con-
necticut residents that they saw Hines
visit Schultz on friendly terms in the
summer of 1885 was a case OF mis-
taken identity.
The contention would be that the
witnesses mistook a benign looking
"triggerman" of the Schultz mob
Larry Carney, for Hines.
Known for years along Broadway as
the deacon" because of his white hair
and dignified appearance, Carney is
about the same height and build as
the Tammany district leader.
The deacon's" name was injected
into the trial yesterday when Defense
Counsel Lloyd Paul Stryker asked
John Pucher, headwaiter at the Hotel
Stratfield, in Bridgeport, Conn, where
Schultz lived in 1885, if he had seen
Carney at the hotel. Mr.. Pucher said
he did not know.
Another witness, Charles Wall, for
mer bellhop at the Hotel Barnum in
Bridgeport, where Schultz also stayed,
told Stryker he knew there was a
man named Carney staying at the
hotel with Schultz-but indicated that
he knew Carney and Hines as two
distinct individuals.
Dewey, Stryker Clash.
The trial was delayed for more
than an hour while Defense Counsel
Stryker and District Attorney Thomas
E. Dewey clashed in a heated pri-
vate conference before Justice Pecora.
Mr.. Dewey was striving to link the
demotion of Patrolman Stilley and
other police raiders to Hines influ-
ence, while Mr.. Stryker contended the
testimony was too remote from the
conspiracy issue.
Mr.. Dewey left the huddle with a
smile, in contrast to the black scowl
of Joseph Shalleck. Hines lawyer.
Justice Pecora reserved decision on
the admissibility of Mr.. Stilleys tes-
timony and ordered the patrolman to
step down from the witness stand.
THE district attorney wants him
for the time being" Justice
Pecora said.
Mr.. Dewey Immediately jumped up.
II am not withdrawing any witness"
he said. Il suggest that the court
direct the witness to step down."
Justice Pecora declined, and a mo-
ment later Mr.. Dewey agreed to with
draw Mr.. Stilley to lay the proper
foundation for his witness.
Assistant District Attorney Saul
Gelb then read to the jury, over Mr..
Stryker's objection, the record of
hearing before Magistrate Capshaw
on December 9, 1882, in which George
Weinberg, Schultz mobster, and IS
others were charged with possession
OF policy gambling slips
Brothwell Recalled.
Magistrate Capshaw, who has been
accused by Mr.. Dewey of having been
Influenced, intimidated or bribed"
by Hines, dismissed the charges.
Weinberg testified last week that
the case was dismissed after Hines
had spoken to Magistrate Capshaw
and asked him to take care" Of It