New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-01-04

,r,rar n, NEXT Monday the day which had been
fixed for the trial before the captain maze MS
sensational confession before the LeNow commit
tee There had been an understanding that the
CAPTAIN would not be tried on the Indictment al
,bough his bail had been increased 10 SoVN. ana
II was expected that the District-Nttorhcy ""uin
soon move TO have the indictment dlsnSs'h Oh inc
ground that when schmitberger tesuhed before
the committee he virtually vas accepted as VII
ness for the state.
CAPTAIN Schmttbcrgcr went 10 me once 81 HiS
counsel an hour before noon Yesterday. and Joseph
+ Moss OF the law finn. accompanied nun 20 me
Office OF Recorder Gon. I'm the National Sh"" ana
Leather Bank Building. Mr.. Con had not arrived.
Senator Lexow who had arrived from Albany
went 70 the Office In the expectation OF seeing MT
C;off and he had talk with captain Srhmi'"''s'I
and his lawyer. Joseph r. Moss said later.
senator Lexow would say nothing definite to uH
about the situation. bu' have no doubt that the
committee will stand by the agreement "hlch was
made before Captain Schmttherger testified ]
want to talk with Recorder Con. Who acted a.
the counsel for the committee IN promising I'm
muni,y TO Schmlttberger The direct promise OF
immunity was made TO captain Schmitiberser IN
my presence BY Mr. Coz. by Senator leNow ana
by Assistant District-Attorney Lindsay. before the
Captain consented go on the "itness-siand ana
make a FUN confession. 1t was understood that
Mr. Lindsay represented Colonel FcHo"s III '"'
"can II be possible that Colonel Fellows has
taken mi. way OF bringing the case TO IN. atten-
ton o. the Court In order to have the indictment
against the Captain dlsmissedY' the lawyer was
''Tha, would not be the light way to proceed
a. II inmmel o, The law nrm. said We To-.
that Mr. Con ana me sS~ IN .o m
way. II schmltberger were pusn'd To- iflil ip~'
after m, making king o f' The ta %o be- berayci l.
would be difiicl.i Il not Impossible. 10 obtain an
other confession before another investigating com
Joseph r Moss and captain schmiubcrecr "aiicl
the Office Of Mr. con until late IN ne als,n',n
clerk. in the ONCE learned that The Record had
gone TO Lakewood VITA h' wife earlier ~ the nay.
Senator Le1ow. when ne was seen by Itlnnne 70
porter in Lberty-st in tie afternoon d"sl IN ~ -
Captain schmttberger. he replied. 10 not hrk
4, would wise In the present situation % anhifs
Frank Moss Of counsel FOR the Iexow Commit
Inc interview With captain schmlttberg~r prrylous
to his testimony. and nave noi been Ri'''n'l -.
the understanding that tho Captain VAS - receive
immunity 49,, ,
no statement about the Schmittberger Gaze yest"r
day oxcept that he had acted under tn" ins'ruc-
statement that promise of immunity had been
made to Schmittberger. fher" was report "b1ui
to secure a conviction and nave sentence suspended
In the case Of Captain Schmittberger. instead ~
having the Indictment dismissed. but the report
The Rev pr Parkhurst said: = am not LAWYER.
Schmittberger should operate to- save him from
conviction. because schmittbereei IA not comics,
until the against him had been already proved
Nv urc 'es'iro mnv -, W Fnraet can mnaers,anI
,haa witness might have IMMUNITY II he res,e
to his guilt before II had been already proved
not been promised to him. Dr. Parkhurst MAS
asked.
anything why mot AK q G Ssi
ranged for the Captains confcshon'