The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-08-03
TRIAL OF CAPTAIN BURDEN.

COUNSEL.
The trial OF captain Burden was resumed yes
terday morning before the full Board or Police
Commissioners. hon. A. Oakley Hall appeared
for the defence, and Counsellor Mclean as usual
conducted the prosecution. The attendance or
spectators was not so large as at the previous
hearing-a fact due PROBABLY more the con-
| unued rainstorm that prevailed all day than to
| any abatement OF interest In the case. Before
the commencement OF the proceedings long line
OF civilians and policemen, numbering about
thirty, filed into the apartments adjoining the
court room. They were the witnesses Tor the de-
fence. The prosecution had present only three
| witnesses.
Shortly after ten O'Clock Counsellor Mclean
| called TO the stand ex-Detective Martinott whose
cross-examinatton Was resumed by ex-Mayor
| Hall.
MIR. Martfnott Testified Am positive that IL
was in May, 1870, that l received money from
panel thieves and divided the same with Captain
! Burden about that time a charge was made
| against me by Rounusman Groo for being or post :
| never gave SIS TO Mr. Gregory for him 70 present
| to me through the Police Board as a reward for
finding his place open; never told Waterman In
Park & Tlforo's employ that he could get ST. 600 If
he would leave his post uncovered for q while, but
told him there was "a Job" arranged by when the
Internal Revenue once would be robbed, ana that
l had a clew which womb bring me in several
thousand dollars. The burglary was never COM
mtted.
Dir. Hall here read list OF burgaries that had
been committed in the Twenty-ninth precinct
while Martinott was stationed there, and endeav-
ored to snow that the witness was responsible for
the same. Martinott admitted that some OF the
burgaries had been committed on his post, but
the majority occurred when he was on special
duty.
The witness continued.-
Did not know why was transferred from the
Twenty-ninth precinct; the burglary committed
on Corwln's cigar store occurred on my post while
l was on duty; had been
TRIED BEFORE THE COMMISSIONERS
for neglect OF duty in not discovering 1t; had
never induced any person to swear TO the exist
ence of panel houses; before going on the police
worked in store in Barclay street; was not dis
charged from there Tor stealing money; 1 once
lost few hundred dollars, but l made good the
same; lost the money route to the Custom
House to pay duties on goods.
GEORGE W. BoGART, HOUSE AGENT,
OF the Twenty ward. took the stand and tes-
tined RENTED the house No. 107 West Twenty
fourth street; afterward heard it was used as a
panel house, and ordered the occupants out; they
occupied the house only three weeks; the only
evidence of the panel game witness found was
hole in door,
swore Never heard of any houses that rented
being used as panel houses except one at No. 4S7
Sixth avenue; was informed or that by Captain
Burden, who came to me and said that, unless I
had the occupants removed he would have tt In
dicted, as he believed they were pratistng the
panel game; | at once notified the parties to va
cate, which they aid without delay.
For the defence Mr.. Hall then called Sergeant
Mullen, OF the Twenty-fourth precinct, who
testified as lollows:-Was IN the Twenty-nlnth
precinct as sergeant under Captain Burden; No
457 sixth avenue was occupied for snort
time as panel house, out was broken
up by order OF Captain Burden; the panel
house No. 46l Sixth avenue was also broken
up alter a brief existence by order OF the CAPTAIN:
twas a Standing order That ali panel houses should
be reported by patrolmen; never knew, while IN
the precinct, OF houses reported as disordery that
were not broken up The witness entered into a
definition OF what Constituted panel houses
houses OF prostitution. or asslanatOn.
Mr.. Hall-Dld yDu ever know Emma Templeton
alias 'Red EN-" 10 be taken IRON panel house by
Martinott?
this question on the ground OF irrelevancy,
Mr. Hall commended that the question was
proper, as he meant TO show by the witness that
Martnott had taken this female panel thiet from
the house and lived with her, winch fact would
tend to lmphcale him tMarunotn in the black
mailing game. The question was allowed the
witness answering "Yes y but when the ex-Mayor
proceeded in the line OF investigation above init
mated by further question Mr.. Mclean again
objected, and the commissioners held "A consulta-
ton To decide as to the admissblty OF the evil
dence. PRESIDENT Matsell announced that the
Court stood evenly divided, ana urther ex nina
ton on mat point was therefore lrreevant.
The witness resumed:-It was the duty OF the
oflcers 10 report gambling houses wnen they
knew of their existence; never heard or knew OF
any arrangement between Captain Burden and
the Keepers OF panel houses; always entered on
the Dotter at the station house every case re-
ported 10 me when at the desk; don't know OF
any case being reported where No action was
taken by the police; 40 not remember any ROBBERY
AT NELLIE HoEY's PANEL HOUSE;
man might Do robbed III house OF prostitution,
houses, as witness understood them, were places
represented TO The vcIIm as a quiet retreat and
not place OF asspnauon; never heard or
a $500 robbery In house on sixth avenue, be-
tween Seventeenth and Eighteenth streets; sup
posed that there were at ieast 2oO houses or
prostitution In the Twenty-ninth precInct whlle
was stationed there After cross examination
were encted the sergeant retired.
Counsellor Han then sad IL now wish TO put In
that has been tue p lice Department
twenty-five years, during which time no com
pgans Sm S ISosea ask the were Court made
DISMISS tnat portion oil the charge which
recites tnas he divided money illegally
received with Martnott, as there is not one par
tlcle OF evidence to corrOborate MartinOtts les
timony. u might De said that MartInott would
not lmplcate himself as he has done unless his
ties lmony against Burden true, but It has
happened before TINS mat man has accused
himself OF a crime in order to drag m another.
1t was absurd 10 believe That this extraordinary
intimacy alleged to nave existed between Burden
ana MarunUtt snould nave existed; there mad |
never been auy intimacy between the men.
fhe next witness called was Joshua Gilbert, |
package agent Of the New YORK ana New Haven |
Railroad, who depOsed:-Knew Martlnott when |
lie was IN the fNentyn precincts; nc was At |
one time stationed at the old New haven |
depot at Fourth avenue ana Twenty.seVentn |
street; had occasion 10 notice MS conduct; |
believed MIN TO have been IN league with conn |
dence operators; have frequently seen him in con-
Versation with professional confidence men; the |
latter would aterward entce passengers at tue |
depot away, ana they would come back and re- |
port having been swndled out OF money. In tue |
crosse animation the witness sald.-kueW they |
were confidence men by hearing OF their opera |
tiOns thelr victims; giving notes security
for money was Que OF thelr iaVorte dOdges ire |
quently reported instances OF TINS nature to the
station master, Mr.. Northrop; do not know what |
action he took; never called IN the pO- |
lice, as II was not my duty, but that OF ny |
superior officer; tod Mr. NCrthrop on several oc-
casIols tnat | believed MarunotJ was IN league |
with them: MartnOtt was at the depot perhaps
tnreG mon ms; do not remember the exact time
do not remember = robbery or $4,000 In bonds
from q passenger.