New-York tribune., 1901-11-28
THE. POLICE HERE ALARMED.
MURPHY CAN DISMISS DIAMOND, But
WONT SAY WHAT HE'LL DO.

The news OF Captain Diamonds conviction was
received at Police Headquarters before 10 a m
yesterday and caused a sensation there. Sew
erai Of the officials expressed sympathy for the
convicted man. and the criEion prevailed that
several other captains and many other members
of the police force would find poor preparation
for THANKSGIVING in contemplation of his pre-
Gicament. Commissioner Murphy said, when he
first heard Of the conviction, that he could not
talk about Diamonds case except TO say that
Diamond had been under suspension without
pay. since August 13 and no further action
could be taken in his case at Police Headquar-
1ers until an official transcript of his conviction
was received
What will be the effect Of this conviction
upon the police force?" was asked of the Com
missioner.
IT ought TO have a good effect on the force"
he replied.
Other officials at Police Headquarters looked
Up the law in Diamonds and ascertained
that ''wilful neglect Of duty Of which he was
convicted, was "a misdemeanor, punishable by
imprisonment in the penitentiary for not less
than one year, nor exceeding two years, by
g. fine Of not less than $3.50 It ascertained
also that conviction of felony" prevented
continuance in the police force. It said,
therefore, that Diamonds conviction did not
put him off the force but that the Police Com
missioner could proceed TO try him, and either
dismiss him from the force or dismiss the
charges against him. 1t was said that Com
missioner Murphy probably would try Diamond
and not leave the case for the next Police Com
missioner 10 deal with Commissioner Murphy
said later:
received the official transcript OF the conviction
have been Informed that District Attorney Philbln
will send the transcript 20 me with as little delay
as possible Diamonds case is different from @ That
5nond has been convicted OF a misdeI@neaTor mean IN IN,
Diamond s. 900 which has been paid under protest
This makes the case an extraordinary one
viii you consult the Corporation Counsel or
the District Attorney
NO, I won't
Then you will consult private COUNSEL
Yes"
STILL ON THE POLICE FORCE.
rs Captain Diamond still d member of the
Police Department"
7 still consider him such but under sus-
pension
neglect Of duty is sufficient to dismiss man
from the police force?"
I won't answer that question until l get
transcript OF the case and get advice on it
The Commissioner was asked if he didn't think
that conviction by jury was sufficient ground
on which 10 dismiss member of the Police De
partment without police trial He replied that
there was precedent to follow, that Captain
Diamonds case would establish precedent, and
that he would consult counsel as TO that question
The book of rules Of the Police Department
provides that the Police Commissioner may dis
miss any officer OF the department upon convic
ton Of violation of those rules of neglect Of
duty.
MURPHY CAN TRY DIAMOND
Assistant Corporation Counsel Connoly, when
asked yesterday about Captain Diamonds status
on the force in view OF the fine imposed upon
him, said:
He was convicted Of misdemeanor. not felony,
place on the force Had he been convicted of felony
he would have lost it forthwith. but conviction for
Inisdeneanor Will not prevent him from continuing
che force.
It is understood at the Corporation Counsels
Office that Captain Diamond can be tried by
Commissioner Murphy, who. under the rules
OF the department, dismiss him from the
force if the evidence, in the opinion OF MI
Murphy. justifies such action.
the following statement relative 70 the convic-
ton of Captain Diamond:
regard the conviction Of Captain Diamond as ex-
ofice Of Dstrct Attorney to do somethine Which
would be of permanent advantage TO the comInu-
much accomplish that as the conviction OF police
captain who had been wantonly guilty of neglect
of duty and had deliberately ignored and disre-
garded the complaints made to him by reputable
The impression appeared 10 prevail in the Police
Department that matter how fagrant the neg
lect OF duty might be il would be impossible 10
bring the offenders the bar Of Justice unless il
could be proved that he had received q money con-
sideraton inducenaent to the violation of his
This conviction has undoubtedly established a
wholesome precedent that Will have deterrent
effect for many years. So far as am aware. this
the lrst conviction OF police officer for neglect
Of duty that has ever been obtained ny this county