New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-01-05

ofhclally Informed that the reason for not sum
monng superintendent Byrnes testify TO that
fact was that the accused officials admitted before
,b b EX sd hot aPPd bad been S n pre
yiou5 conference and UNDERSTANDING between the
known that such admission would be rade by the
accused ana there fore the nee 3sity for calling the
stated that Nco and Williams were "closeted'
Mr. Nicoll expressed his opinion to Mr. Moss that
there would be an Indictment, although we are
csey informed tha ne Gad previously m c stared TO
The cases were legally perfect, and. as the mat
iai again Sefore grind Inry, can iIawfqlIIy
officers. though cannot state what transplred in
the Grand jury room.
THE LAW N THE CASE.
Section l5i Of the Penal Code provides that will
ful neglect Of duty by public officer is a misde-
medrOr
Section 2S2 Of the Consolidation act provides that
the police force shall carefully observe and inspect
all houses of i-fame and repress and restrain all
unlawful conduct in them, and arrest all persons
found violating the law in them ..,.. ,o,,oa-
Section 2S5 Of the same act empowers any police
man apply 10 the superintendent for a warrant
upon which he may raid any suspected house OF
Rule &c Of the Rules and Regulations of the Police
Department: captains VIII be held strictly re-
Rule Il Of the rules and Regulations Of the Police
DEPARTMENT: Each INSPECTOR will be held responsi-
be for the general good conduct and order OF ms
district. t.e captains Of police are ned respohsi
Besides these special duties and nowers. the gen
eral provisions OF law and the facilities OF the
Police Courts are at the hands Of the police. ,
seem need become seriously enianged in the legal
provisions just cited and the District Attorney
tons Of tho matter or in the terms Of Mr. Nicolls
pretty metaphor. his reluctance to tread on virgin
an % advocate than ike the ingenious attitude Of
impartial adviser
THE FACTS II TIE CASE.
CAPTAIN Schmlttberger had been the commandant
of the Twenty second Precinct from May TO Novein-
her FIfty-thrd-s,.. between Sixth and Seventh
ayes. contained (anl still contains). n mass Of dis
orderly houses Prominent among these We're No.
l52 West Fifty-third-st. kept by Libbe Burns. and
80 10 est ~ ip ~ g .nn iII
clifton had aided The police TO convict Charles ";
Gardner ana though In her testimony on his trial
she admitted TO the Dlstrict-Attorney her pro-
prletorship OF that house and her conduct of II az
a house ~ prostitution she was never interfered
with. and her house continued In active operation
until few days ago while otner houses were
by Captain Schmttberger was provable by the
testimony of a reputable physician who had person
ally notified him Of them. The general reputation
~ the houses and the annoyance caused 10y them
provabc by the testimony Of two ministers and
mony II nye agents who had visited the houses
frequently from May TO December. and had always
any police interference. I, IS reported that the mis-
cradle women who maintained TIE houses were IN
ticted, though they have not been arrested But the
Grand Jury dismissed the complaint against Captain
neglected
duty. notwithstanding the charge by Judge Barrett
done clrncsty. honestly and faithfully all that he
could 10 abate the houses
WILLIAMS ,ND DEWEY ToU ALLY RESPONSIBLE.
Inspector Williams commanded the district which
Included Captain Deverys precinct The rules OF
the department send him out into the field. and
hold him 70 equal responsibility with the cap
tains Judge Barrett charged that his RESPONSE
bnity was the same. While Captain Devery
as.ins, ne houses No- % and Il Eidriise-st ana
inspector Williams was dismissed hy the December
jury Tho Dlstrlct-Attorney could have proved
against inspector Nlllahs. A ~, ,
d1 That said houses were bad ap BY the testi.
them. d 10y the conviction of the proprietors on
their testimony in November.
~ That Inspector Williams fully aware Of
them u ~ his written reports In August and
October. 1895. in which he stated mat he had per
ycstgated ,hem. and that the complaints OF the
society were fais" and inspired by base motives
lal That ihc character of the whole precinct was
very bad 4ni had bon The cause OF much com, com,
one eminent layman
\ STRANGE STATE OF AFF\IES.
vrb,,. ruAce Barrctt's charge cleared away the
local doubts of the District Attorney. he advised
I'M. Jury that they might hear the Inspector and the
Captain w their own defence. but that II they did
SO they should sirt their defences and call before
them the men whom these officers used. and make
most thotougn ana searchnG investisatlon nor
accepting their stories without corrohoratlon The
Grand Jury received the accused officers an ul-
usunl proceeding and retained them for an hour or
more and then promptly. without subjecting their
testimony 10 any OF that searching investigation
TINT Judge Barrett had just been insisting upon,
returned t. Court and dismissed the complaints for
insufnciency OF evidence although ndictirg ac-
coriing t. newspaper report the propretors OF
Schmit thercer's disordery houses. and holding in
their own hands the autographtc evidence of In
suector Williamss knowledge and neglect
We are not imputing our failure 10 the dishonesty
of the Extraordinary Grand Jury. but whatever their
Integrity the Dis,rictAtorney has II In his power 10
nut m An unchecked way. the stamp of mis- own
ttstr rho
is not difficult TO conclude what that stamp will be
when Put 10y who has .een for five months
fighting against having the matter brought before
the Grand jury. and who IL commonly recognized
as being In alliance with the general condition
against which the proposed Indictment IL attempted
10 Dee secured Justice VIII not be- a common com
modify In this city until the District Attorneys
Office ~ held by one. whose judicial sense Is not
mortgag,l 10 his political affiliations. and whose
LOYALTY 10 his friends does not interfere with his
sworn obligation To mcte out 10 all classes their
ndrprndcnt and impartial dues.
This statement will have served Its purpose II II
shall have made somewhat more evident 10 the
community the stress of wind and tide against
which we have make head, and the impos-
slbity Of securing in this city anything more than
the carcnture OF justice till at IN" polls some of
the joints and lisaments have been broken that
knit our municipal government INTO Il compact body
of brigandagc and defiance.