New-York tribune., 1901-11-26
DIAMOND TRIAL BEGINS.
LENA SCHMIDT GIVES DAMAGING TEST
MONY AGAINST ACCUSED PO-
LICE CAPTAIN.
BY TELEGRAPH TO THE -RIDUSE.l


Albany, Nov. 25-The trial Of Captain Tho!nss
=. Diamond, Of the New-York police. who was
indicted in New-York with this statement; The
Grand Jury of the County Of New-York by this
.ndictment accuse Thomas J. Diamond OF the
crime Of wilfuly emitting to perform duty
enjoined upon him public officer, was
begun here this morning before Judge D. Cady
Herrick. OF the Supreme Court The lnolcl-
,nent papers declare that II was Captain Dla-
rnond's duty repress all disorderly conouc|
and that he neglected 70 use effective measures
TO suppress disorder in a certain house
The trial is held in the Supreme Court room
OF the City Hall It was crowded with those
interested in the trial. The county Of New
York was represented by District Attorney Phll-
bin, Assistant District Attorney James A. os-
borne and Deputy Assistant District Attorney
Francis p GarVan. District Attorney Zeb A
Dyer and Peter F Delaney aided the New-fork
prosecuting officials in behalf of Albany County
Captain Diamond was present accompanied by
his counsel. ex-Judge J. Rider Cady. of Hudson;
Frederick b. House, II c. Henderson and Louis
J. Vorhaus. Of New-York.
Two hours were consumed in obtaining jury,
fhe lawyers seeming TO be especially desirous
of learning if the jurors had read anything about
the case in the newspapers.
The jury is as follows: Foreman. Norman
Best farmer, of Guilder!and; Estey Buzzee
garner, OF Cumberland. LucluS Carl IdTIleI' "
55erne: John DingwaH, florist of Colonie; Louis
15ouseweller, collector Of Albany: David Hurst
sarmer. Of Guilderland: Reuben Huyck, farmer
of Coeyrnans: C Y. Lansing. farmer. of Colonie;
Henry L. Lansing. farmer. Of Colonie; Jay sad
d1emi-e, farmer. OF Berne; Austin Talinan'
GARNER of Berne, and John ". Veigie. furniture
deaIer. OF Cohoes.
Assistant District Attorney Osborne. in his
ppening address to the jury, said that II was
the intention of the prosecution 10 prove that
captain Diamond had permitted disorderly
house 10 be run at No. % Stuyvesant-st- in his
precinct. The bad character Of the house, ana
clso that Captain Diamond knew Of its bad
character. would he proved. and that system
of neglect Of duty the part of Captain Dia-
snond would be shown. Lena Schmidt the
keeper of the house. he held. had long been
known TO Captain Diamond Now. every BODY
5znows that person keeping red light place
bad to make arrangements with the police
Continued Mr.. Osborne
Mr Cady objected to statements of this char
scter in the opening address saying that evil
dence should be produced before they could be
made 20 the jury. Judge Herrick sustained the
objection.
William Delameter who since 1870 has trans
,orfbed the records of the New-YoTk City police
boards and commissioners was the first witness
lsworn. He testified that Captain Diamond pc
came a police officer in 1883, and was promoted
ihrough the several stages Of promotlon 10 q
.captaincy in 1898 He became captain Of the Fiji
reenth Precinct where the neglect OF duty is said
nc have existed. in November Of that year He
identified the rules Of the New-York Police De
tDarruelt but could not swear that he had seen
Commissioner OF Police Michael c. Murphy dp-
prove OF them. Judge Eerrick suggested that
ST would be well to send for Commissioner Muir
tIhy This Mr.. Osborne did later.
At the afternoon session the principal witness
was Lena Schmidt the proprietor Of the al
1eged disorderly house which, il is claimed. Cap
aEn failed SuDDreSS
that she kept a disorderly house. It was a
--parlor'' house, and she had girls who sat in
the windows and solicited. Policemen watched
the house day and night all winter, and at times
would enter the house and drive the girls out.
But the girls would return in half an hour.
She had q conversation with Captain Diamond
last spring, she said. about the officers watch
ing her house and he told her TO keep the girls
away from the windows.
Rosa Greenburg. who sVore she was an in
mate Of the house, and Mrs Nettie DreSer who
said she the housekeeper, testified to the
character Of the house
The trial will be continued at 10 {. n. to-
S77p-