New-York tribune., 1901-11-27
DIAMOND JURY LOCKED UP
To REPORT TO JUSTICE HERRICK THIS
MORNING-DEFENCE PUTS IN
NO EVIDENCE.
Try TELEGRAPH TO THE TEIBrNE.l

Albany. Nov. 26.-The case of Captain Thomas
J. Diamond of the Fifteenth Precinct. New
York Police Department, who is accused Of
neglect of duty failing to suppress disorder.y
houses in his territory, is now with the jury,
which retired late this afternoon and will report
a o'clock tomorrow morning to Justice Her
rick in the Supreme Court.
At Ii O'Clock tonight. the jury having failed
10 reach an agreement Justice Herricl vent
to the courtroom and ordered the jurymen locked
up FOR the night.
1t had been thought up this afternoon that
the submission OF evidence might continue the
remainder of the week, and District Attorney
Pnilbin of New-York, had gathered here twen-
ty- five witnesses from NewYork. headed by
Deputy Commissioner Devery. and including
George Bissert the ex-wardman of the Fifteenth
Precinct who was convicted of eXtortion- The
lawyers FOR the defence after hearing the evil
denra of the prosecution decided not 10 call any
Witnesses Since District Attorney Fhilbin had
intended 10 use the testimony of Devery Bissert
and the other witnesses from New-fork- IN
rebuttaI of any offered by witnesses for Cap
tain Diamond, this decision of the defence
c.1 sed him 70 change his plans and none OF
these persons were summoned to the stand
The case therefore. went 70 the jury on evi-
dence submitted solely by the prosecution and
oo the argument of Assistant District Attorney
ex-Judge ]. Rider Cady of Hudson. for the de-
fence after Justice Herrick had denied motion
nv Judge Cadv to dismiss the case for lack of
proof The District Attorneys office of New
York was represented by Mr. Philhin and AS
sistant District Attorneys Osborne and Cans
while Capta;n Diamond had as his lawyers ex-
Judge Cadv. Frederick &. House and H. &
Henderson
At the resumption of the trial this morning
of rOn
excluded from the room all the witnesses except
the one testifying. Deputy Commissioner Dew
erv. Bissert and others were compelled TO retire
The weekly reports made by Captain Diamond
on the condition of his precinct from October ),
1900 10 July l. 1901. were offered in evidence.
They did not show that No. - Stuyvesant-st
was a house of questionable characaer until
June 10. 1901
Lena Schmidt was recalled She said that she
knew Policeman Livingston. Of the Fifteenth
Precinct for two years prior to June :, 1901,
and Policeman Penz for one year prior To that
date She swore that she put red light in
her hall and red curtains the windows of the
front door after October L. 1900 and the light
was kept burning for four months
ludga Cadv in his argument TO the jury said
hat CAPTAIN Diamond had been in command of
a precinct that has population of over one
hundred and fifty thousand He had people OF
ali classes in his precinct and could not be ex-
peCted TO know everything about it He con-
ten6ed that Captain Diamond suppressed Lena
Schmidt's house, the only charge being that he
Gid not suppress it soon enough Judge Cady
said that If public officers were to be held re-
SpCnsible and sent to prison because they did
not deem it wise to act hastily, then the public
service would suffer.
Assistant District Attorney Osborne said the
prosecution had shown that d disorderly house
had been run by Lena Schmidt at No. - Stuy-
vesant-st 1t had also been shown, he said, that
the officers of Diamonds command knew the
character of the place and thai Captain Dia-
had he bay
closed the house at once and without having
kept men in front of il for six months.