New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-08-10
TRIAL OF CAPT. BURDEN.
THE TESTIMONY CoSCLUDrD-NUMfROUs WITNESSES
Of BOTH SIDFs-HEAsONS THAT CABLING
HOUSES AND OTTER EVIL RESORTS WERE NOT

THE TESTIMONY COECLUDED-NUMfROUs WITNESSES
on BOTu sIDFs-IEASONS THAT GAMBiING
HOUSES AND OTHER EVE RESORTS WERE NOT
CLOSED.
The trial OF Capt. Henry Burden on charges
of egect OF duty III permitting, ior boes, gambling
nous panel hon 6c., To exist III the Tweny-ninth
Precinct while he in command, resumed yester-
day before Police Commissioners Matsrl and Voorhs
and the taking Of testimony on both sides was Closed
Ex-Poce Justice John Cox, cN-Police Commissioner
u Ugh Ga dne:, Oioer Mckenzie George a. Rood, John
AIcDondd John W. Ouderdonk John Paisley, j. n. But
Ter j. NJ WinorbottOn, DR.. Cooke James Barclay, and
W A. Mart moi examined Oh the part Of the prose
cuon a;G Charles V. Griswod OF the ii III Avenue 1O-
tel join H. ca cy, Oicer John Brennan of Tie Twenty
II Precinct and Capt. Burden Witnesses for the
defense.
The Witnesses for the prosecution testified directly in
favor of Capt Burden in scvc al instances, showing that
wherever any Of disoIderY houses reported
10 him the houses broken up at Tn Tie
~ the robbery OF $4,000 at the SamhlinghOuse of
Moody & Briggs The warrant was issued by Justice Cox
and the arrests made before Capt Burden had
been informed that the ganbing house eXG;ed in his
precinct. Although Justice Cox admitted that he Lad
been aware tlat gll.n Hoy's house notorious as
panclolse he never Issued warrant to close il, be-
cause be did think tho evidence could be procured to
warrant lotion. 1t shown by OF the wit
nesses the cton that officer Mckenzie was sent
by NartiHot. about a H., :" TO look after
the roundsmon," the time that the Corwin
burglary occurred and that the officer did not Mar
tinot again unit; the alarm of the burglary given by
sfartinot after a. The other testimony for the
prosecution vas mainly in rebual Martinez produced
certified documents TO show ihat Theodore Allen
convicted and sentenced 70 four months imprisonment
for petty larceny and that at the time when it
that Martinez walking with "Mart Allen, the
.,er and his nroher Wesley were confined in the state
Prison long terms The Edler burglary occurred after
zartinOt had been year OIL the police force. and While
the Aliens were al Sing sing John W Ondcidonk of No
500 Sixthavc said he convinced from Drona OBJ
servatiOn and from information which nc had received
that the attempted burglary on bis premises better
known MariIn0t than the discovery of il afteward
hv policeman. and would have been successful hal nc
0nerdonk not taken unusual precautions 10 secure his
The evidence the defense partially in proof of
Capt Burdens eici ncy, and the efforts that he mad
-ssfuy made 10 brook up Ioises OF ilane. Capt
Burden testified that he had received instructions from
Police Commissioner, whose name he declined TO give.
not 10 interfere with gambling bouses unless complaint
made, AMI no complaint ever was made he never
attempted 10 break them When, in is73. the Super
inentent gsyc orders 10 suppress such houses the
Board Of Police Commissioners, hy General order No.
I2O modified tho police rule the subject took
power OF thu hands of the superintendent This
order roscded IN ls74 and the power 10 break mp
gambling houses without warrant has been restored.
There several reported gamblingholses in the pre-
oner CAPT Burden made special efforts to verify the
reports When Martin0t first came into the precinct he
appeared TO be good officer but al confidence in him
lost after 80 many burglal1es had occurred: Capt.
for transfer, and ass.tet by the Superintendent
in making the application. Capt Burden declined 10 say
how much property ne salu lHat MS hti'r
mad Ief him 20 acres unimproved land IN 1851 which
now fcnned the part Of Long Island City known as
Rayenscocd, and which had increased largely in value.
The ports Of dsorery houses which the police captains
were ordered 10 furnish were compiled main statistics.
and had been printed and published with that view.
several houses OF III fame had been broken up
by order OF Capt Burie, without any direct
plant having been made but whenever any arrests Of
+reewakers made the prisoners, after being taken
10 court in many cases. Vond resume Their streewak-
ing before the officers could return 10 the police station
Capt. Burden had arrested panel thieves and they had
been taken court brf although indictments In
coces had br.0 fousd they were never Leard OF after
ward John Rivers panel thief whom he had arrested,
indicted for burglary ana afcr that seen acting
defantly the streets IN the precinct.
Tie taking " testimony both sides having been
closed COUNSEL for the defense said Tint he would
present his SUN ming up the in writing b. Thurs
day morning.