New-York tribune., 1901-08-08
PHILBIN AFTER DIAMOND.
SIGNIFICANCE IN THE PosTPoNEMENT
OF BIssERT's SENTENCE.

Captain Thomas J. Diamond. of the East
Fifth-st station must answer to charges of
neglect OF duty presented by District Attorney
Phbin. Assistant District Attorney Cans has
prepared the complaint charging Diamond with
failing to suppress disorderly houses in his pre-
cinct and TO report properly to Police Head
quarters.
In connection with the charges against Dia-
mond were significant developments in the case
Of George Bissert, Diamonds ward man. convict
ed OF taking bribes. who was TO have been SEN
fenced yesterday by Recorder Cor. Bissert's
sentence was deferred yesterday till Monday on
the request of the District Attorney. The court
room was full when Bissert walked in yesterday.
The convicted man nodded and smiled to his
friends.
The proceedings were begun at once. and
George Bssert to the bari" called out
Bssert stood up.
Assistant District Attorney Sanford then told
the Recorder that he had been instructed by the
District Attorney TO ask for postponement OF
sentence until MONDAY.
Facts are being collected" said Mr.. Sanford,
and we have some in our possession which the
court, we believe should have N its possession
before sentence should be passed. We are not
ready to proceed"
We'll. will grant the application OF the Dis
trict Attorney" said the Recorder.
Mr. Levy began to object at once. He said
that there reason for postponement OF
sentence. that It was entirely unexpected. that
the defence was not prepared for such move.
that no public good could be served by a post
ponement and that the defence was entitled to
hear sentence Mr.. Levy also said that
the postponement would interfere with cOunsels
vacation
Mr.. Unger quoted from Section 472 of the
via fvaal( (rla
datory on a judge TO pronounce sentence on the
date set, except at the request of the defence
The Recorder took the book looked over IT
for some minutes and then. abruptly closing it,
said decisively:
Sentence is postponed until Monday"
That ended the proceedings
II is generally said that three or four other
men in the Fifth-st. precinct have been tell
ing things, and that Mr.. Philbin will give the
Recorder some very interesting information be-
tween now and Monday.
1t was suggested last night that District At
torney Philbin may have received certain nfor-
nation about Captain Diamond valuable to the
State from Bissert himself who il was r1mored
VIII try TO shield himself as much as possible al
the expense Of Diamond.
The case against Captain Diamond will proba-
ply De brought in some police court. possibly be-
fore Magistrate Olmsted. in the Centre-st court
or before Justice Jerome. in the Court OF Special
Sessions The charge is merely a misdemeanor
II the police magistrate or Justice jerome finds
that case has been made out against the cap
TAIN the matter VIII be referred to the grand
jury for its consideration.
Many persons at the Criminal Courts Building
profess 10 see in the proposed action of the Dis
trict Attorney his reasons for the delay in the
sentencing of Bissert. Various afidavits have
been secured. and they said TO be from the
Keepers OF disorderly houses in Captain Dia-
mond's precinct
The plan as outlined by those who see a de-
sign in the postponing Of the sentence Of Bissert
IS 10 nave the aftdavits made matter OF record
in he ar1Sf 90, ,r,s,,
they nave become a matter Of record, to have
the records presented TO Recorder Goff before he
sentences Bissert
Some Of Mr.. Philbin's friends think he will
take Diamonds case direct to the grand Jury
1hey say ne has not forgotten the exasperatng
ana useless delays he encountered in trying 10
get decision in Captain Herlihy's case.