New-York tribune., 1901-11-28
PRICE THREE CENTS.
DIAMOND FINED 900.
JUSTICE HERRICk ACCUSES
ALL NEW YORK CAPTAINS.
SAYS ALL ARE DOUBTLESS EQUALLY
GUILTY-FINE PAID UNDER PRO-
TEST-APPEAL WILL BE MADE.

Albany. Nov. PA verdict of guilty rem
dered this morning in the case of Captain
Thomas J. Diamond, of New-TcTk. who was
accused of having wilfuily neglected to suppress
vice in his precinct The act is misdemeanor.
The verdict reached by the jury at = a m,
after celebrating on the case since 4;:}5 D.
yesterday, and was delivered in the presence
of Justice D. Cady Herrick. Captain Diamond
and the attorneys interested. after the court had
reconvened-
The jury took twenty ballots. ON the first
ballot they stood eight tor conviction and four
for acquittaL A unanimous decision was finally
reached at O'Clock
Captain Diamond heard the verdict without a
tremor- Justice HerTick desired 10 pass sen
tence without delay. so that he might adjourn
the term of the court to-day As ex-Judge J.
Rider Cady not in. court. it was agreed that
a recess until 10;30 O'Clock be taken
When Captain Diamond was arraigned for
sentence ex-Judge Cady moved for new trial
on the ground that errors had been committed
Justice Herrick denied the motion Captain
Diamond then arose and answered the prelimi-
nary questions as 10 his age, etc. When asked
if he desired TO make any statement he said he
preferred to have his attorney do so for him
The request granted Ex-Judge Cady said
that Captain Diamond had always been a good
and efficient officer and he hoped that the judge
would take that into consideration in passing
sentence
y REFERENCE To BISSERT.
Justice Herrick then imposed fine of S1.Hlp
or one year in the Albany County Penitentiary.
In passing sentence Justice Herrck said:
From some little inquiry that / have made in re-
gard to you 1 find that excepting in relation 20
YOUR conduct in reference u dsorderIy houses You
have been unusually intelligent and Vlsllant
officer take that into consideration and also the
fact of what this conviction means 70 y2la y1i III III
partment of the Cftv OF New-York The position
the loss Of il Is corresondingiy great you 1t
means that after service OF about seventeen
years you must begin your career IN lie anew,
That punishment is greaL But It IS proper tn,t[ tn,t[
for the benefit OF police 9iflSers fifcatsG @ aS f y'
should call attention TO the distinction 5etwSett
If Bssert, who has been convicted and sentenced
State prison [ do il because the punI5hmeht
altogether disproportionate when people ta ke & &lntq
has been imposed upon Bissert for his crime. and
so that police the public may not mis-
understand the sentence and tpInk tRdt Justlte q
different from what it is IN another. ,.,,,, fo,
BisserJ has been convicted. as / understand. Ior
receiving bribes from the keepers of disorderly
called and tn prosecution of Jour case has been
very largely because it wds supposed that tnere
M t 41 ';tt 0f t59f bave no evidence But it viii
distinction between o1tcer who nesiigsntlX or
house and the of an officer who receives q
bribe from prostitutes and guarantees 70 tner @ g9 %
lection II is the only reason that make any S az
tiuction between you because SO & IaT as t tnS I
have simply permitted these houses 10 exist
SIGH PLACES ARE THOUGHT NECESSARY.
In the language of the District Attorney IN sum
ming up the jury. that you simply l7 iISlSIe,i
bnusesf;. and / also take consideration this.
that these houses by large portion OF our i ie
cities and that police officials Wlnk at their SoF
tinuance; they ALLOW them TO xlolaLe tT ~ tL
J,, not S@T
before the public
whether that IL right or wrong am NOT
here to determine The ta" has si'ia 'h"S
shall not exist at all. but do tHkc ihi" COW
.;a.ratiou the ,art that this kind of surNet'-
lance of dfsorderi3 houses while ~tricuS -
is in violation of the law yet tt - >"hhe''i"-
that i. done probably by every police omcih'
in every large city in the state an" ma
there il not u police captain Pr"baDi' ln any
rsc;nct in the city of New-Nork. or IN the
cit, of Albany that matter that rn's"'
not he convicted for exactly the same o''
TINT you have been convicted OF
The sentence of the court il that you pay
fine of Si.ooo; that yea stand comn'tted "
tb, Albany Penitentiary until th't hhe II
pui,I not exceeding one day for cach d0''a'r
of fine
FINE, PAID. UNDER PROTEST
Mr. House then said When We pay this fine
may we have it entered the record it Is pald
under protest.
..Certafnlv' said Justice Herrick- I will say
in addition to that that If You are not III P'S'-
ton to pay this fne Immediately you may
remain in the custody of the Sheriff during the
DAY Ill - ,-,,,,.
honor for your courtesy in tins matter am
prepared to pay the nne. C~..,
Nr House then paid the SheTl1, ana Cap'dil
Diamond discharged ., II,
II is announced that Captain Diamond VIII
anpeaI from the Judgment of CONVICTION
S--~-
HOUSE WILL APPEAL Al oNtE.