New-York tribune., 1901-08-02
RISSERT FOUND GUILTY.
URY CONVTCTS IVARDMAN
IN TWO HOURS.
captain DIAMONDS MAN GETS RED IN
THE FACE WHEN HE HEARS
q VERDICT

The jury in the trial of George Bissert. Cap
,s,n Diamonds wardman charged with accept
,nr a bribe of $500 for protection from Lena
schmidt, the keeper of a disorderly house at
No q Stuyvesant-st., found him guilty last
night The was given TO the jury about
a.So o'clock in the afternoon and it returned
N the courtroom about two hours later to an
nounce the verdict.
Many persons in the courtroom at the time
thought that Bissert would he acquitted. and
they appeared 10 be greatly amazed on hearing
the verdict Bissert looked puzzled for n mo-
reut and his face reddened He quickly re-
esined self-composure, and calmly gazed at each
uror as they We're polled by the clerk of the
curt When the poll ended, Henry W.
ruger Of counsel for :he defence. moved that
the verdict be set aside on the ground that it
Vas contrary to the law. contrary 10 the evil
dence and contrary to the weight Of the evil
aence This was denied. Mr.. Unger then asked
that the prisoner be remanded 10 the Tonbs
until Wednesday when his counsel would have
some motions to make. Recorder Gof granted
This request. and 3issert taken to the
ronbs The Recorder thanked the jury. and ex-
messed his regret that he had felt compelled. in
The interests Of the public. to make the condi-
lions of their service so hard by confning
them.
AS he was leaving the courtroom Alberto II.
caffee, the sixth 51ror. said that he had formed
his opinion early IN the case. lie added that
Bssert hurt his case by going on the stand.
CAPTAIN Diamond was then introduced to Nj.
canee.
sELF-PRAISE FROM DIAMOND.
well, what do you think of me that you
zee me closeT?' asked the captain pleasantly.
"Oh, you are all right said Mr.. Caffee.
"But you don't seem TO have believed the
little speech 1 made on the stand. Where do
you nve?"
'FYfteenth-st- and Second-ave."
saThen you are familiar with the region about
ST. Marks Church,
eyes, and It has been pretty bad
you come down and look through that region
now, and you will see that there has been a
great change there since have had that pre-
cinct, and it Is through the activity of the man
whom you have found guilty on the charge Of
one of the women whom We drove out"
The defendants counsel expressed surprise at
the verdict. and M Unger said they would ask
for a new trial.
Captain Diamond, when asked about the YER
eict, said he was greatly disappointed, but he
dd not care TO discuss the result further than
to say that one knew better than he did how
active and jealous Bissert had been in fighting
vice.
There were many persons present in Part II,
General Sessions, IN the morning when the last
day Of the trial began. Before he began sum-
ming up Abraham Levy, Of counsel for the
defence, recalled Ferdinand w Keller Brook
lyn lawyer who desired TO correct the testimony
that he gave on Wednesday. Keller said that
the purchase money for the property at No. %
stuyvesant-st was paid by Minnie Kurtz with
draft on the Dry Dock Savings Bank, and
not by Lena Schmidt in cash
After Keller left the stand Mr.. Osborne moved
70 amend the indictment by changing the date
OF the alleged payment from October 10 to Sep
tember %. 1900. Mr. Cnger objected 10 the
amendment. the ground that the averment
OF date material fact, and that the State
ought TO be held to the time specified Re
corder COT overruled the objection and allowed
the amendment to be made.
Lewis J. Vorhaus. Of counsel for Bissert, then
moved that the court direct the jury TO acqult
the defendant the grounds that the indict-
nent ayerred one date and the proof pointed 70
another; that the court had no power TO amend
the Indictment; that the section Of the Penal Code
under which the District Attorney elected did nor
apply TO the defendant; that The only proof was
the uncorroborated testimony OF two depraved
women; thar the alleged cocroboratiOn was in
suhcent, and that The State had failed to make
out case
The Recorder denied the motions. and the de-
5ence took exception.
OSBORNE ATTACKS DIAMOND
Mr.. Osborne. in summing up for the prosecu-
uon vehenently attacked the methods of Cap
ta'n Diamond In dealing with the house at No.
q stuyvesant-st.
recorder Golf was about an hour in making
us charge to the jury. He said that the ques-
noh TO be decided whether Bissert ac-
esplea the money on agreement TO neglect his
o1s. not whether he carried out the agreement
W Mhetner the woman was disappointed
Inc agreement need not be In express words -
euuto the Recorder. An understanding is suf-
.cieht- Subsequent acts may sometimes lead
~ lhe identification Of the criminal but never
explain away crime once committed so If he
hhiaoe the agreement and arrested the woman an
"0ai after, that does not wipe out the crime.''