The Washington times., 1901-11-28
FINE IMPOSED
UPON DIAMOND.
New York Captain Con-
ViCted at Albany.
SPARED The DISGRACE CT PRISON
S ;atus of the Other Police Gases -
Cannon Makes a Plea of Not
Guilty Before Justice New
burger Wardmen's Trials.

ALBANY. Nov. 27.-The jury in the case
OF Police Captain Thomas J. Diamond re-
turned verdict Of guilty this morning.
The captain was on trial for neglect of
cuty in failing to suppress the disorderly
house OF Lena Schmidt, on Stuyvesant
Street, New York City.
This was a misdemeanor. for which the
penalty could be either two years in
prison or 81 600 fine. or both. Almost
Immediately after the verdict had been an
nounced Justice Herrick. before whom the
trial took place in the Supreme Court
sentenced the captain to pay fine Of
$1,000.
He did not order any Imprisonment de-
claring that the offence was one OF which
almost any police captain in any large
city could be convicted. Diamonds coun-
sci at once paid the fine.
Jury Ont All Night.
The jury was out all night. It retired
at / .35 o'clock yesterday afternoon. The
jurors presented bedra ggled appearance
when they resumed their seats in the jury
box at 3 O'Clock this morning After
Foreman Best, a farmer OF the town of
Col0nie, announced the verdict Diamond
showed not the slightest trace of feeling.
The jury va polledat the request of Fred
erick B. House, Of counsel for the pris-
oner.
Justice Herrick thanked the jury for
their services, and then notified Captain
Diamonds counsel that as he desired to
adjourn this term of court he would pass
sentence within an hour.
other Police Cases.
NEW YORK. Nov. 27.-The ease Of
Deputy Commissioner Devery, arrested on
4 warrant for neglect Of duty and oppras-
sion, has not yet reached the grand Jury.
Police Captain Cannon, under indlct-
ment for neglect Of duty, while in com
mand of the East TweHty-seccnd Street
police station. pleaded not guilty today
in the General Sessions. with leaye to
Withdraw the plea by Monday. GaEnon's
failure 10 suppress the Webster House. at
1i0 East Fifteenth Street, after n pcti-
tion to close it had been sent to hi.n BY
thirty-tw0 reputable residents Of ttc
neighbCrhoCd. is cited as the instance OF
his neglect. When Assistant District At
torney Sanford raided the place, with
two policemen from Gannon's precinct,
Cannon was found n q back room.
The October grand jury dismissed tne
ed after election by the November grand
jury.
Cannon Forced to PIend.
Judge Newburger refused today to en-
tertain Caunon's demurrer to the indict-
ment which set up that the facts al
legged did not constitute a crime. He said
that Recorder Gof had already held that
they DID.
He ordered Cannon to the bar. although
". VI. l. Oicott asked for delay. saying
that he had Just been called to take
charge OF the case and was rot very
familiar with it. Judge Newburger said
that in that case he would accept q plea
of not guilty, with leave to withdraw it
on Monday
Judge Newburger also set down for
December 3 the trial Of Sergeant Shiels
and Detective Dwyer, of the Ten
derloin station, under Indictment for neg
Iect OF duty.
Wardman Clennon. indicted for the same
offence. will probably be brought TO trial
in the criminal branch Of the Supreme
C1rrt. The date has not been set.
Captain HerIihy's Case.
OF the other indicted policemen the only
IS in the appellate division. on the Dis-
trict Attorneys appeal from Recorder
COTS dismissal OF the Indictment. on the
ground that one hundred and nine in
stances Of neglect Of duty. while HeTlihy
was in charge Of the Eldridge Street 20
lice station, we're named. instead of enc
Instance.
II the dismissal stands it is the inteH-
tion of the District Attorneys Office TO
submit the case TO another grand jury.