New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-01-05
DIR. PARKHURSTS FIGHT
He REVIEWS THE CASES OF WILLIAMS AND
SCHMTTTBERGER
CLEAR STATEMENT OF THE EVIDENCE on
WHICH THE EXTRAORDINARY GRAND Jury
FAILED TO FIND INDlC1 MENTS-TnE
CITY GOVERNMENT 4" A CONTACT
RODY OF BRIGANDAGE
AND DEFIANCE

issued the statement. which he has had in
preparation for many days. giving in detail de-
scription Of the evidence of criminal neglect
against Inspector Williams and Captain Schmitt-
/ berger and on which the Extraordinary Grand
Jury Of December failed to find indictments
| against these officials In his story DR.. Park
hurst gives a complete history Of the efforts
made by the Society for the Prevention Of
Crime to get their cases before the Grand Jury
in the face of the negative opposition OF the Dis
| trict-Attorncy and Of the active hostility Of the
whole Police Department. Here is Dr. Park
hurst's story:
1t Is presumably unnecessary to say that the
Society for the Prevention Of Crime is actuatcd by
no motives Of solf-secknS. our only ambition is
to subserve the general interest and our endeavor,
therefore is to make clear the steps by which
We proceed and the interior nature Of the diit-
cultios which We have to encounter that the public
shah be- better able appreciate the municipal
situation. and. in the proper time and manner. TO
apply such correction as the concerted good juis-
mrnt Of the community may suggest.
II IS with this object In Wow that have under
taken t. make public certain interesting features
~ the Williams and Schmittberger cases. II will
hardly be thought that this statement Is provoked
by Ilquc. especially when II IS stated that tn"
enemy with which are dealing is 80 thoroughly
ntrcnched and solid I'm its purpose Of evil that
n victory IL always more Of "A surprise to US than a
/
certcd when win than when W. lose.
THE STRUGGLE WITH MIR. NIcoLI
\ previous statement has made fairly clear the
strenuouSncss OF the nght which have had 10
make with the late District-Attorney in order 10
get through the door Of the Grand Jury room We
rcstate II here Therefore. only in brief outline.
In June. 1893. we were prepared to prove the eN-
istence of number Of dsordcry houses in each
~ three prccincis-thc Eleventh commanded by
Captain Dcyery. the Fifteenth commanded by Cap
/ tain IIaughey. and the Twcnty-second. commanded
by Captain SchmittbcrEer In the case of captain
Nevery could prove personal notification u MIN
10y citizens concerning three separate disorierly
houses. In Captain Haughey's ease. concerning Two
/ separate houses. and In Captain Scnmittbergers
concerning two s.parai~ houses the cases We're
pronoGncci perfect. not only by the lawyers of the
society. bui also by eminent couns" outsid" ~ tn"
society whose opinions were sought In july 'hr
papers ulih briefs OF the law. were submitted 10y
Messrs Kennoson anI Moss to District Attorney
N.cou who Invest GATED them. and pronounced them
sound ou the facts. hUt WHO declared that thry
entered a virgin ncd of Laws. and who raised many
LEGAL qu.ib'as concerning them. hG, promised 20
submit them 20 the Grand jury. Tim- passed On So
uat the Grand jury went out y existence and Mr
NcoN promised % submit them 10 the August jury
That iury came AMI finding that il was likely T.
-,t but two weeks Efforts wrro made 70 secure the
prompt prcscnuilon u The case. hut without sue
cess Mr Moss lntmaiod % the DstrIci-Atiorney
that D. might so over his head 20 the jury, ana
th. pisrici-Atorn.y SAID he could not 10 it .or the
Attorney bad friends in the jury wh, would
u,i permit H. Oniy IL few lays before the close ~
the term tlc Dlstrict-Attorney brought Mr. Moss
and MIR Cross the foreman. together ana they
.il.,vor.i 10 show Mr. Mos that the police
should no De- aaeed wRsn 35sr & n9is s' wls"t 46 d.
d~n.e could he presented in few hours. ami that
ami th.y were nes.ec,lng their duties. IL WIS I'M
poriani % stir tn"m mp NJ onc"-nui o." was over
Nlco.l if 'mls,hk 20 il' , '~S ~ 80 ' H. ,ii.
fury. Mr ross was ,n' ,t.n'"" h ' ,,' ~, nm
her r. inaict thc officials after hearing th" evidence
rnr FAMOUS cNsE or DfvERY.
III. tur, hcins discharged Mr.. Moss advised the
District Attorney that rather than j." bound 10
r,,licy OF inactivity he would at once make public
demand on one of the captains 20 close ny tne
houses In hts prccnct-and this was done. ID" do-
mnnd being made On Captain Dcyer,. and being
treated 10y him and hts superior officers win con
t.uut as may be we'll remembered by the people
The month 81 september passed away. AMI We
were unable 10 have our cases taken up but TIE
D,stric,-Attorrcy dill promise to bring them on In
,he first week Of October. The only change In IN"
situation was that our cases against captain
Hnughey were absolutely spoiled. he cufiously haV-
lng raled the Identical four houses. nos. rs and 20
Grccne-st. and Nor. 22p and 20 Woosier-st when
We're on specifications IN Mr.. Nlc"HS hai,S
and also the spelling Of one OF our cnses against
Captain Devery by the removal OF inateral
raldns Of the houses IN Captain naughey's pre-.
cinct do not exactly moan To 1nsinuAte that
Nicoll CAV. the cases away ana perhaps Such "A
thought would not have occurred 10 us hai II not
been that h" did subsequently give the Schmitt-
berger case away. or ~ so reported 10y the iInllc
Thns. were some OF the results Of The policy Of
meanwhile we kept watch on the houses in the
drcrcnt precincts keeping the cases fresh for eacn
Grand Jury hoping each month for decisive action
II became apparent that we would not get before
IN. october Jury. and So that We might not Toe en-
tlrely idle. sent second complaint 70 Captain
Dcvery and his superiors. and this complaint was
met with denial dersion and insult. Inspector VIII
Jams Distinguishing himself with a specially VIE
denial which. by the grace of his fellow d'lnqucnts
the Board OF Police. was gr"vcly received and
ncd AZ report
Police DENIALS MADE RIDICULOUS.
We met the denial by promptly securing the arres,
OF the proprletors Of five Of the houses IN Captain
Devcry's precinct. without Lclp or cooperation
from any of the regular poli,c force-the arrests
being made by the Court Squad. under Judge
Voorhs's direction In the course OF these hear
lngs our agents were mobbed by sympathzcrs with
the criminal partnership In the Eleventh Precinct,
and Superintendent Byrncs Joined hands with his
dsgracod inferior In whitcNdshmg the affair. The
cases were strong that convictions were OBJ
talned at the Special Sessions In November. and
thus the case against Captain Devcry was made
specially strong We renewed our efforts 10 get
before the Grand Jury, and finally after apprlsng
the foreman Of that jury that desired To present
"A case we succeeded In getting before that body
to present the cases against Captains DeVery and
Sohmttbergcr the last day of the term. This
accomplished until Dr Parkhurst had
answered the District Attorn Us question to the
effect that did not propose to ASK any indictment
Superintendent Byrucs. Thc Distrlct-Attorn'y
pres .nted the evidence In careless manner that
four material witnesses against captain Schmitt-
berger were called all. ana while Captain
Dcvery was indicted, although the District -AtOr-
ncy had pronounced the Sc'nlllbefgtr case as
strong, % Indictment 'puni against him.
Again we brought our pr ,ssurn to bear on the Dis
trict-Attorncy Tor a hearing before the December
Grand Jury wherein Inspector Williams's and Cap
tain Schmttberger's cases might le considered
THE POLICY Oh DELAY CONTINUED.
The regular December Grand Jury Was. in the ey
pericnce OF It's members, pee arly able 10 deal with