The sun. [volume] (New York [N.Y.]) 1833-1916, 1894-11-17
POLICEMEN TO TIE BAR.
DEMURRERS THAT THEr ARE nor
pUBLTC OFFICERS OVERR ULED.

PUBLIC OFFICERS LED.
stesh.s-o-. Des.-,y, sea-,,tserr.r s.s
,smpscu Ptess Nst eutity or Rr,ss
Tsktns-stePhe.ssn e. ne Tried Nsorasy
week-Ira shsfsr ruts n = rrst.se
Justice lnRraham. in the Ceurt Of Oyer and
erminer. yesterday decided that q policeman,
although the Court OF Appeals has never passed
on the points q public oficer and IL liable as such
tn Indictment and trial In the rlminal courts
for malfessance in once under the clauses Of the
Penal Code relating 10 public officers. Just elev-
en- lawyers argued that their police clients we're
not public officers. but he did not change his
opinion. And 80 the Captain. sx-Captsins, ex-
sergeants. and edward men who have been In
dicted by the Grand Jury can't rely on de-
murrer, 10 the indictments based on this claim
Yesterday was the day set for pleading to the
indictments, and the Court OF Oyer and Termi-
ncr was crowded with lawyers and police oficers.
Those down on the oslendarto plead or to be
heard on demurrer were Capt. Schmittberger,
ex-Capts. Doherty and Stephenson. ex-Scrgeants
Parkerson. Liebers, Clark, Jordan, and Nc
kenna, and Inward Men John Hook. Bernard
Meehan, James Burns, and George Smith, and
ex-Roundsman Samuel Campbell. Smith, the
big edward mar OF the Eldridge street station,
vas tho first one Of the defendants called to the
bar. Several indictments, all found on the tes-
timony Of Rhods Sanford. are pending against
him.
We'll. how do you plead 2" asked the clerk.
Just . moment, your Honor" said Lawyer
Charles A. Hess, struggling To get up TO the bar,
"my client Is not ready to plead or to demur Just
yet"
HEM" the Justice coughed. understand,
Mr.. Hess, he must be ready on Monday without
fail. It's about timo some disposition was made
of these cases"
John Hook, famous as the ward man of the
-a ----- H..
Fromme announced that he was not ready to
have his client plead. and begged for q little
time. He got until Monday.
McKeuna. Jordan. Clark. Patterson. and
L!ebers were called one after the other. Each
stepped silently TO the bar with his lawyer by
his side. and each lawyer asked for q little time.
Finally Justice Ingraham sat upin his chair and
I'll give you all untl Monday, but I yarn
demurrer in behalf. Of ex-Capt. Stephenson.
wssch led't the T lawyer ern and t IssS Sust ice aDGGpioasliy;
all through the argument. Mr.. Vincent main
within the meaning OF sessions IS and e Of the
Penal Code concerning bribery OF public officers.
.oinssiy i to stsss of nc sn,a and ' az not sG aepls s1 10 our our
case afaL. contend that q police officer is not
q state officer and mat these sections do not APP
Justice Ingraham leaned over the bench and
May ] ask what kind of an ofaoer your client
ministerial aid 70 the Police Department. OF
which the commissioners are the head. He il
snswsrsSle e them for any and all mi'deed' he
NJ: vincen. then switched Of fer a moment
justice Sns cesar sank qsscci IN his on chair snd coy ~neS his his
face with his hands. Mr.. Vincent said he could
eas T1s shss hs Accepted sSw c P : srasaiaye @%Sy. he g
has a perfect right to"
Just : moment intsrsgptsd Justice I1gra;
Al this the other lawyers IN the room made a
Haecision in one case i meant a decision in ali Of
the cases, and the lawyers for the other defend
s sendin ne % show that " police fes0 of,ssr "sss% not a
public ofiesr; Justice ingrShsm's in,erruption
fear that the decision would come before they
tould get q chance to advance their arguments.
The Justice said that he would listen TO Lawyer
MIR. Howe represents Capt. schmittberger. and
The Indictment. 10 said. charged Capt. schmitt-
Dc ssr Z ssr Tstn ttSsfi ssg' Th e sr Wa. to no DO syi SE nSs to to
show that he had done or had omitted to do any
the law. Mr Howe could zee NO crime In the ae-
Septance Of 2 %grst1ity; n that" he said.
Agent Forget Of the French line. There is no
allegation that Capt. schmittberger. In conse,
60 Ses peffo Gr .o Or agreed srssda't % PERFORM ss1ft : or G 70 o omit TO
perform his duty as a public ~oficial."
Next Mr.. Fromme got up and began an argu-
ment that Capt. Doherty was not . public
easassr; Lawyer mus ho9s smn ssppIe" San m sSr rex ss-
sons why a police officer was not a public on1cer.
Justice Ingraham overruled all the demurrers
presented In these four cases, and said that no
amount Of wisdom could make him believe that
apolice ofncial was not a public officer within
the meaning OF the sections of the code on which
the indictments ero based. The four men then
pleaded not guilty.
District Attorney Fellows then rose and moved
s ,61 I t ns. !rii from OF sf Monass sseP FSin %sn,i re ss' Snsnl
pected motion brought q cry Of disapproval from
Lawyer Ira Shafer of Capt Stephenson,s
counsel, who had been sitting quietly In the back
Why is this ~ he exclaimed. why is this
man the first one called to trial when he was the
last to be indicted. the last 10 be accused, and
the last to plead and demuri 1t 10 monstrous, 1
say! IL 10 without precedent" -.
now In this case" said Justice Ingrahsm.
II can see the reason now suddenly burst out
Mr.. Shafer. II can see now why the District
Attorney is so anxious to move this case In
particular; l shall say nothing more" and ne
Outside Mr.. Shafer spoke to a number of per-
SONS of what he termed the impudence or Col.
Fellows In putting Capt. Stephenson's case nrst
accused and indicted before got more time.
The reason for trying Stephenson nrst may %
that the case against him Is based on the testi-
mony of many west side business men that they
paid his ward men for license to block the side.
walks. and not on the testimony Of professional
criminals.
NO POLICEMEN RETIRED YET.
TAs List OF Applicants Co.t.i-s Several