New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-07-30
POLICE CHARGES.

THE CASE OF CAPT. BURDEN.
TESTIMONY OF w. A. MARIINOT BEFORE THE Po-
LICE COMMIssIONHRs-THE OFFICER ACCUSED
OF SHIELDING PANEL AND GAMBLING HOUSES
AND RECEIVING MONEY PROM THE PRoPRiE-
TORs-CHARACrER OF THE WITNESS ATTACKED
BY THEODORE ALLEN.
The large courtroom at Police Headqtfar-
tiers was crowded yesterday morning with witnesses
summoned to appear in the Of Capt Henry Burden
charged with receiving money to protect paielhonse
thieves women Of bad character and gamblers rom tne
operations OF the laws. The Police Cominssiohefs anu
the accused both represented by counsel ana the
full Board Of Police Commissioners was present. CON-
missioner Masell presiding
Wa Martinez, the first witness. gave list OF 'he
panelhouses houses OF bad character, and gambling
houses which existed in the Twenty ninth Precinct we
he was officer therein; who kept thein' ana inc
that he alleged paid to Capt Burdch py tue
propricors Tie testified that, IN many eases, the keepers
Of panel-houses made arrangements with Tie captain
before hand He told by the keepers themselves
The consideration $75 per week Tor eacn
house, and, in the event Of complaint, one nan Oh
the amount lost was to be returned 10 the loser no
arrest was made. Such robberes were not entered On
the blotter, but were reported verbally. DisofaeFV
houses were allowed 10 be openly, and only Droheh
up II too notorious in which timely warning would
be given. The captain always knew what houses INC
houses In the precinct known TO the captain. eohr
pla,nt was made that a had lost from Tl2,ooo 10
$l5 900 in . gambling house on TwentYiourt-'''' o"'
the captain did nothing, and the l0seE maze ilo'nei
complaint Justice Cox, who caused al inc ihes
10 be arrested Tho fact o. this robbery WAS AhO"h !"
Capt Burden two weeks before Justice Cox acted Inc
witness declined give the names OF inc PersoS VIM
kept the gambling houses.
gambling house in Fiftecnthst, the witness CON
t,uued ran four or Ave years, and one In Tw"nyhfts
for two three years, without beng Disturbed witness
was present Saturday night in Restaurant III oA'h
ave. and Twenty -hnlrst when Capt Birdeh ree'eu
money from 10 on II panel thieves all living III one
house. There were present John Hogan Rivers, ShahS
Morris and several women. On one occasion, when
sea captain was robb d In o panchOuse during the
spring OF 1872 the witness had him in charge Tor three
DAYS during which time witness drove him around In
earlace the hire of which WIS paid by Capt Burden,
until the matter coud he arranged There were several
such cases A man was robbed In Twenty-fourl-st OF
900 in 1870 Onealf Of the amount was returned TO
the man, AMI OF the other half the captain received
$3.50 OF 1878 and the witness 500 or $50. Wit
meas never knew that the cases reported at Police
IIead,tarters In the Spring OF 1872 witness reported
one in Twenty nintl-st, and was toid 10 let IL
alone A. IL was "privatr" house, and the name was
erased fr the book Of reports by the captain himself
In the of the burglary nc Rchnondss store witness
found ont the burgl but the captain refused to have
thom arrested az the losers anxious 10 ger the
Goods back and offered 500 for two 1onnccd lace
dresses Witness offered 10 pay 1900 for them, and told
the captain that bc would receive $50 ont OF the 500
As the dresses were damaged only 1910 were paid so
tie witness the loser he had to pay the $500 AMI
give the capt-n $50.
Under crosse yamiDaon the witness testified that the
Board Police Transferred him 10 the Thirty-frst Pre-
cnct in August, 1872, but not Mt his request Wit
ncss was tried before Commissioners Smith for not report
Ing burglary his post but instead Of being punished
he was conpncutcd friend Of the witness had been
robbed in panehOuse OF So and witness got 1t back,
and witness was informed that he had intefcred with
panrhonses Capt Burden had said that Martinez must
he rot out Of the way Witness had made from SO 900 10
$4,000 In all, by receiving money from panel
house thieves and others; but had spent II all.
Witness knew he had been aiding and nbetng crime hut
m BURDEN was at the Of the precinct aud " was
mOney-making business, he did not hesitate. warrant
was ont once for Mart Allen and Capt Burden knew
it, Witness Allen in the street. and asked the cap
tain If arrest should be made Capt Burden told him
10 let Allen alone On subsequent occasion Capt Bur
DIN told witness ~ "bring in Allen dead or alive VII
ness told Mart" Allen 10 70 10 place where Burden
was eating his supper, and where Burden could see
Allen. As Burden did not ateInps 10 ariest Ach VIII
ness let him alone also.
The crosspxamnation wac here stopped In order TO
allow Theodore Alien of No 81 Charlton-s who had to
leave town, give his testimony Tor The defense Aen
testified he had known Marnot since 1861 and had
received chat he had been concerned III three
bnrgaries with MART Allen, the Witnesses brother
knew Of other burslrics in winch Martinez was
ENGAGED with four other parties, one OF whom war
Mart" One ut Elders glove store on Broadway.
witness saw Martinot ing cribbage In John Aliens
place. which had been closed by the ponce. lns was
Tr rnu Ha,tjpot ad III Won viii 20 in with me
to catch Burden we can break him. .o a.,
oirr McKcnzi Told witness that Ice was satisfied that
Marrinot was concerned the Durgares, but had not
William Marsh and another man told witness Mar
tuut mixed NJ with the bnrglares Joseph AlurpLy
q wagon with when remove tue goois stolen Murphy
subsequently sLw Martlnot carry the goods from the
store to the wagon Mar,nots plan To eaten Burden
was for witness to get TO open paelhouse in
the precinct then Martinot woaid COME down on his
Headquarters against Burden, and thus cause
him TO he broken the evidence OF tue
iiurden and then agreed VITA Martinez TO get tie
place opened. By count rpot II was intended Tor Capt
burden make "A raid on the place and arrest Martinez
At time MdrtInot was on post on MaSoltaNe, anu
took the Impression of the lock of g. L. Nj. Barlows
time; after winch the party went over tO RichmOnd's
store aud committed the burglary there Witness Lad
1ury ut Curwius Store carried ont the cigars, he
seen by Joseph Murphy while Ia The act; Murphy
told witness OF the burglary az Edlcrs glove store Inc
witness positive tLt Martinez on the force AT
IN answer to Commissioner voorhis, witness said
lie never Martin Vt commit Tie rObb :ricS, but some
OF the stolen property had been Offered 10 INN wnen .c.
t.cty admitted II. Inc witness was satisfied t;tt ne
could prove all he had SAID s T|hla Iu,n1sa ev ne
name and Allen agreed TO furnish tnem to-day Tne
t1Ia was then adjourned until Monday next
TRIAL OF THE BROOKLYN SUPERIN-
TENDENr.
TESTIMONY OF IN.PECrOR wADDY AND SERGEANT
OBSERVATION-DISCLOSURES OF COUNSEL on A MO-
TON To DISMISS TIE CHARGES, WHICH Is RI
FUSED.
The trlal of Police Superintendent John S.
Folk of Brooklyn charge. preferred by Commissioner