The New York herald., 1875-09-15
CITY CRIME.
Remarkable Revelations of
% Witness.
THE SCIENCE OF FIXING THINGS.
How 1t Is Criminals Escape
Justice.


and MCGOWAN The chief witness was Mr.. Benjamin K
pbelps District Attorney who made address before
o6erpa his testimony. The succeeding witness Mr..
Frederic Hausmann was also of considerable interest,"
as he testified to the payment Of money TO q Tombs
shvster lawyer Of the Of Hummel who promised
for certain sum of money TO get him nd Of the penal
ties attaching to the keeping Of dsorderly house.
The re was also present Mr. George Wilkes, who had
complaint to enter against the District Attorney Mr.
Campbell presided as chairman Of the committee If
he altered his trhe and showed little more
sense and
Il might add TO the importance and mpressveness OF
the investigation The spicy part Of the Inquiry was
whero Mr. Townsend, the counsel 20 the committee,
proceeded to examine Mr. Phelps. AS the pro-
eeedings commencing, Mr. Hess rose and said
he wished to that crept into tho news
papers from the proceedings Of the last days session
of the committee and which supposed To have been
a violation Of the law the part Of the Police Com
missoners in appointing the force who had not
been residents Of the city for six consecutive months
MT Hess desired to say that there was no such law;
that law had been wiped by supplementary act Of
the Legislature which only made it necessary for per
son TO be twelve months resident Of the State
Mr. Hess having finished his remarks, Mr.. Benjamin
X Phelps, District Attorney who early present in
the chamber addressing the committee said that he
happened be of during the last two sessions
Of the committee and from the report Of the proceed
ings there appeared to him to have been something IN
the testimony taken that reflected unjustly the
administration of the Office which he had the honor
hold The public given TO understand that there
was some laxty in tho conduct OF the District Attor
ney's Office and that criminals not brought 70
trial as speedily as they might be.
Tne facilities of the District Attorneys Office Mr.
wants and demands Since the Office Of District Attor
ney nrst came into existence the city had grown
enormously population and crime had increased
respondingly; but the District Attorneys Office
mained as it was when first established Next year the
Court of General Sessions would be divided into two
parts, and there would be an additional judge.
The prosecution of criminals could then
be carried on with greater despatch and
less confusion. Mr.. Phelps then stated
that during his first years Of office there had been
$40 indictments found and 4 03S convictions In
trast with the preceding years, when Mr.. Phelps
was in Office this result showed most favorably
With regard the OF the man Lambert, men
toned M the newspapers as having been discharged
under peculiar circumstances Mr. Phelps explained that
Lambert was acquitted for the reason that Mr. Sampson
the detective who arrested him, wrote TO him Alr.
Phelpsl stating that though he knew Lambert was
dealer in stolen bonds be he had evidence
20 convict him; he recommended his discharge He
was accordingly let go on his own recogniZance
In response to questions from Mr.. Townsend in re-
Skilfuy performed that the bonds were taken 70 the
offices on which they forged and taken. very
large sum Of money was obtained When these for
Eeries light there considerable excitement;
A NUMBER ARRESTS MADE,
and that the whole thing demanded very careful
and full inquiry. Private detectives We're employed
and IN the exercise Of the best judgment could bring
upon the subject concluded to bring the lead
ers the conspiracy justice One Of them tried
and the Jury disagreed In answer the question as
his opinion of the detective force Of New York Mr.
Phelps said that was charged, though no evidence
cyfvo yKiTh
detective force of New York in couson with the
parties ho was seeking to prosecute and convict and
That a why he employed private detectives
Mr. Townsend pressed the witness to give an ans1er
to when he proposed to prosecute the indicted par
ties for forguries now in hts office
Mr. PHELPs-Perhsps you, sir win have the pleasure
d trying them yourselfr
Mr. TowNsEsD-I trust not SIR.
Several questions we're put as 10 the conviction or
PAT Riley,
and the counsel went on 70 ask as 20 the custom OF
taking minor pleas in Of elonious assaul-such
for instance as in the Of ''Pat Riley - who was
charged with felonious assault and battery In his
case plea Of simple assault and battery was taken,
and he sentenced TO the Penitentlary for three
months.
Its discretion Such pleas taken for the following
reasons-It might have been the prisoners first
offence; there might have been want Of tme and
there might have been doubt that the prisoner could
have been convicted the original charge and there
might have been various other reasons
In regard to the OF Mccarthy who was killed by
barkeeper named Cunningham, the District Attorney
explained thathe unable 70 get any witnesses to
show that 10 murder. The widow the deceased
told him that he drunk and he had knowledge OF
the fact that he the aggressor the quarrel He
IN court when the case was called 1t not
that the Office failed TO notify Mrs Mccarthy when
trial 10 come OIL The witnesses those who
appeared before the Coroner. Mrs Mccarthy had
changed her residence and il could not be found
Mr. Dessar inquired II the office had made any at
Tempt TO prosecute the lottery and policy dealers
Mr. Phelps said he had done his duty in that regard
well as he knew how. He believed it the
power Of the police to break up these policy dealers
In regard 70 the indictments against
DBALERs
they wero submitted to the Grand Jury, which was
the proper proceeding under the circumstances. So
lar as ne knew no court had the statutory power TO
suspend sentence. He hardly thought il an in
frngement the Governors power whose privilege
be thought il was TO pardon. He did not think IL
M injustice 70 the prisoner for Judge 10 exercise tho
right Of suspeading sentence.
At this iuncture after questions from the com
mittee, Mr.. Townsend referred 10 the case of Mr.
George Wilkes against the Free Lance, and read let
Ter from the District Attorney to Mr. Wilkes in which
was announced that cases OF LIBEL OF the nature 10
which Mr. Wakes referred did not come within the
cognizance OF the District Attorney
REMARKABLE EvrDExcR
Mr. Frederic Eansmann, sworn, testified In German
That no received notification from the District AtOr
neys Office 70 abats the Of disorderly house
week before that he had Detective Fields who told
HIM he would fix the matter for him for $500; he
waited at the District Attorneys Office until he saw
Yields and paid him the money; he did not know tho
name Of tue clerk that he met in the District
torneys Office; he was pale lean man; in June 1873,
his wife arrested for keeping a disOrdery house;
she taken the station house and brought after
ward before Judge Bowling; he went 10 Hummel paid
him $500, and there no more about the matter. In
August 500 more was paid To HummeL In 1872
he himSel arrested and all the proprietors of dis
orderly houses on West Broadway Each Of them paid
bumme $500, and they got of AT the time he paid
Fields t2oo the clerk in the District Attorneys ofco
told him the next time il would cost him nothing
After recess Mr.. George Wlkes called, and asked
about an article that appeared IN the prtt Of ne Times
IN regard 70 certain charges readng the conduet Of the
District Attorneys Ollce Mr. Wilkes replied that he
made charges against Mr. PHELPS Of malieasance in Of
nce and that he had nce transmitted these charges
the Goyernor Of The State. In view Of that fact he
thought u would be indicate his part to say any
thnS 10 tne premises and be wasasslred the Governor
had these charges under consideration Alier little
more unmportant business the committee adjourned,
10 meet Friday next, at eleven O'Clock
CONVICTIONS FOR cEIlE.
The advent Of the Legislative Commzteo to this city
has had the effect Of evokng certain araount or activ
hy In the District Attorney's Office. While tho
lncrnasa OF crima In ~ c-.. IA -.L-A