The evening world., 1895-01-03
TO Save CAPT. MAX.
Sohmittberger's Lawyers Protest
Against His Trial.
They Say 0off, Lsxow and Lindsay
Promised Immunity.
And That It 10 q Direct Violation Of
Good Faith.

The news that the Dlstrict-Attorney
had ordered the trial Of Capt. Max
Schmittberger to 70 on next Monday
morning In the Court of Oyer and Ter
miner came as q great surprise to all
who are familiar with the facts sur
rounding the giving Of Schmittberger's
testimony before the Lexow Committee.
Until yesterday afternoon 1t was per-
fectly understood by all connected with
the case-by Schmittberger's lawyers
and by the Captain himself-that his
confession before the Lexow Commit
tee would relieve him from prosecution
on the charge Of bribery. The act Of the
District-Attorney in ordering the trial
to go on is looked upon by lawyers as
part Of the State.
Lawyer Joseph F. Moss. who is asso-
ciated with william F. Howe and ex-
Surrogate Rollins in the conduct Of
Schmittberger's case. said this morning !:
"A direct promise was made to us
that II we allowed Schmittberger to go
upon the witness stand before the
bribery IN the Police Department. he
would not be prosecuted under the In
dictments that had been found against
This promise was made to me per-
sonally by MIR Goff. by Mr.. Lexow and
BY Assistant Distric. 'ttorney Lindsay.
the he dsensd % M' 10 sdSss
did permit seh@ittberser pt 70 s1s use % his owns w
sasMSent Sst az and to go Tp1n the stand and
not been made we would not have al
lowed Schmittberger to testify as he
did. Nothing. could be stronger than
pr0v hot a.. An
schmittberger would not be prosecuted
no testff1ed to the corruption In the
Police Department. The action of he
Rg!stristtAttSrney ~ snSt is fragrant violation
>, Lawyer A H. Hummel talked to Mr..
Howe oyer the telephone about the
HOVE ee. s s9S a.. then fbs 'fG
Attorney has broken faith in a shame
ful way In ordering the trial Of Schmitt-
berger to 60 on. / am sure that Mt.
sure that Mr.. Lexow will not be party
to this action on the part OF the District
~ schmittberser should be pu. on
New York would be betrayed. and any
other investigating COMMITTEES would
have great difficulty In obtaining wit
hesses iremHn,tH 70 TESTIFY under promise OF
action WI Mr. DGi Hoxsy ::y Wit # tss. III: t%s I'm; what n
SCI tmittS.rser viii not Be tried. Mr. Mr.
Con Will be seen to-day and ! am quite
sure sure that he will not permit the promise
nat nat he made to be violated by the Dis
that the trial Of .schmittberger will not
go on, despite what the District-Attor-
mo action win be taken to-day or to-
morrow. SO far as I can see now, but
On On Monday morning; in the Court Of
os viii sSsn not PERM. sGr% ass sss trs
to go ahead"
Mr.: Hummel would not say what form
MI Snd.E.NNd HSwes PRO protest would take but j. is
ator Lexow will both take part In some
way n tie effort to have the trial
Capt. schmittberger went to Howe a
Hummers ONCE this morning, and had a
conference with Lawyer Joe Moss. but
neither would say anything to reporters.
wSo s 81 ss yocs ssss,
for trial. when told this morning what
Lawyer Moss had said about his prom
Using not to prosecute schmittberger, IL
Committee. said:
II DO not propose to discuss this mat;
ter IN TIE n,eNw;parsrs u Mr.: Moss SAID
not be tried. he Will receive his answer
in SQUIRT next Monday morning.
When asked II It is not a fact that
Schmittberger's case on for trial for the
purpose of getting rid OF 1t. and to OBJ
tain judicial decision as to whether 1t
can or cal not go on. Mr.. Lindsay
smiled and said:
THAT Is a good way for a newspaper
man, to look at II; YOU are on the right
track, now go ahead"
Capt. Schmittberger and Mr.. Moss
went to Recorder Goff's office about II
O'Clock and waited there over an hour
for the great prosecutor.
About ll.30 o'clock Senator Lexow
came into Recorder Goffs ofi1ce and was
shown into the room where Capt.
Schmittberger and Moss were seated.
He refused to say anything a t all on the
subject Of the Captains immunity from
prosecution