New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-01-05
CAPTAIN CHMTTTBERGER'S CASE.
Mr. IExOw DOES NOT THINK COLONEL FELLOWS
WILL TAKE ACTION OPPOSED TO THE

MR. LEXOw DOES NOT THINK COLONEL FELLOWS
WILL TAKE ACTION OPPOSED TO THE
PROMISES MADE BY THE COMMITTEE
Police Captain Max F. Schmttberger was still
on the anxious yesterday, because his counsei
had been informed that he must be ready TO stand
his trial for bribery on Monday in the Court OF
over and Termner. District-Attorney Fellows had
not returned from Washington. and Howe g.
Hummel still professed to believe that he had in
tended to violate the promise OF immunity which
had been made to Schmittberger. Mr.. Howe made
the following statement:
.sWhen Captain Schmittberger expressed a will
inpness to make confession to the Lexow Com
noittee ~ he could be granted immunity, Senator
Lexow sent for Colonel Fellows. Assistant Dis
trict-Attornsy Lindsay responded and said that
Colonel Fellows was not In his ONCE at the tifne,
but he was willing to give immunity to Schmitt-
berger If the Committee wanted the confession
Senator Lexow and Mr.. Golf were not satisfied
with that and they sent for Colonel Fellows again
Colonel Fellows appeared later and the whole sub
iect was discussed with him. He then said that
absolute immunity should be granted TO Schmitt-
berger II the captain confessed ana told all ne
knew Joseph F. Moss. as counsel for the cap
tain was present the interview Captain
Schmittberger was still undecided and he asked
me If it would not be safer to have the agreement
nut in writing. i told him that was not necessary.
because the word of Recorder Con was as good as
the Distrct-Attorney's bond
Joseph +. Moss Recorder Con yesterday,
and later Mr. Howe said that Mr. Cor had de-
clared that Senator Lexow was a man who never
had broken his word and the Committee would SEQ
that thu agreement made with Captain Schmitt-
berger would be kept Mr.. Howe also SAID tnat
when the case of Captain SchmittDeTger was caile1
On Monday he would ask to withdraw the plea OF
not guilty and TO substitute the plea that immunity
rad heen granted the captain He also talked
about the dreadful things that might happen 70
District Attorney Fellows II an attempt were made
10 convict Schmittberger in spite OF the promise or
Immunity At the District Attorneys Office II was
said that one 10 make q falr disposition OF
the Schnittberger case would be to have the case
called for trial and let the court pass on the ques-
ton Of immunity.
Recorder Gof at the District Attorney :
office late In the afternoon, and while he declined
10 saw much about the case. he declared that ne
thought there had been satisfactory understand
Fellows on the subject to-day. Senator Lexow
said 81 have entire confidence In the discretion
of the District Attorney and in his desire 10 aid
the Senate Committee and promote It's work In
nv opinion the criticisms have recently read are
not fair to him. He came to the assistance OF the
n time when little had been accomplished and
when cooperation with not popular as
n became thereafter. His attitude toward the
Committee at all times, his active cooperation
whenever requested and hts public declarations
nlac.np at our disposal all the facilities OF his
Once contributed substantially 20 final success
He had been so much criticised that 1t is only faiI
to him that these facts should be known now
Having assumed this attitude In the past IL will
REQUIRE more than rumor to make me believe that
the record he has made and become hostile to the
Committee that he has assisted and In contraven-
tion OF the position taken and the promises made
BY that Committee