The sun., 1901-11-26
CAPT. DIAMOND'STRIAL BEGUN.
A JURY QUICKLY OBTAINED AND
WITNESSES Examined.

| Their TesumOny hnONeu Inht Vnne shpt'
Diamond Had Lena schmldt's House
Watched and Ills Roundsmen We're
Going In and Out Of II, Tie Reported
That It was Not a DlsorderIy House.
ALBANY, Nov. 25.--The trial of Police Cap
tain Thomas j. Diamond Of the Fifth street
police station in New York city for neglect
of duty was begun to-day before Supreme
Court Justice d. Cady Herrick 1t is likely
that tho case will 20 TO the jury late to-
| morrow afternoon or on Wednesday. The
prosecution will have presented its case by
noon tomorrow, having had its principal
witnesses testify to-day. They were Lena
Schmidt, the proprietress Of the disor-
derly house at q Stuyvesant street. which
it is alleged. Capt Diamond neglected to
close, and one OF her girls Rosa Green
berg.
Justice Herrick held court for six hours
to-day, an hour only being taken TO Sc
cure jury, which comprises nine farmers.
| Ii is considered an unusually good jury
| The prosecution, which was conducted by
Assistant District Attorney James a. Os-
borne, considers that the evidence against
Diamond has been placed before the jury
In much better shape than was the evidence
in the Bissert case.
Capt. Diamonds indictment followed the
evidence adduoed at the trial Of his ward
man, George Bissert, who was convicted
of accepting a bribe Of $3.50 from Lena
Schmidt and sentenced 10 term of hve
and one-half years in Sing Sing Prison
and to pay a fine OF 81 900. II convicted
by this jury Capt Diamond will be subject
to a sentence for a term Of one year. or a
fine Of $500, OF both.
Besides Mr.. Osborne, District Attorney
| Phlbin and Deputy Assistant District
| Attorney Francis =. Garvan OF New York
city and District Attorney Dyer OF Albany
appeared for the prosecution. Capt Dia-
mond was represented by j. Rider Cady OF
Hudson, Henry C. Henderson OF White
Plains, Frederick B, House and Louis j.
vorhaus Of New York city. The captain
was seated In court next to his oounseland
was constantly In conference with them.
There was not much trouble in secur-
ing jury. There we're number OF per-
emptory challenges. but by II o'clock the
box was full. Assistant District Attorney
Osborne opened the case for the prosecution
and then called William Delamater, First
Deputy Clerk in the New York City Police
Department as his first witness. He gave
the boundaries OF Capt. Diamonds pre-
cinct, and it was admitted that the Schmidt
house was within the boundaries
A printed book of the rules OF the Police
Department was produced. which had been
sent to all police precincts In 1898. but
Capt. Diamonds counsel showed that the
witness could not produce Commissioner
Murphy's approval Of the rules and there
seemed TO be some question whether or
not the rules had been approved.
Mr.. Osborne said that he would call
Police Commissioner Murphy TO settle
that point Il had been said that the rules
were those in force, but Capt. Diamonds
counsel brought out the fact that the book
of rules which had been admitted in evil
dence did not contain the amendments
adopted since the book was printed.
Mr. Osborne said Rule IS b, which was
the one TO which Capt. Diamond was amena-
bile, had not been amended, but Mr. .Cady said
that could be determined only 10y an exam
instion Of the amendments adopted since
1898.
Al MIR Osborne's request the court NJ
1890 o'clock took a recess until o'clock, as
Mr. Osborne wanted 90 have a talk with the
witness for the prosecution.
Court convened promptly at ? o'clock,
and Police Sergeant Raphael Schulum
was the first witness called He had been
connected with Capt. Diamonds precinct
be, veen Oct I, 1900, and July 1. 1901, which
was the period during which the prosecution
alleges the Schmidt house was running
and that Capt Diamond neglected to close
II IN He was familiar with Capt. Da-
mond's handwriting, and b" was askei 10
identify the CAPTAINS signature to weekly
reports OF his precinct for the period men
tioned He believed that the signature on
oil the reports was in the captains hand
writing
MIR Cady tried 20 show that Capt Dla-
mond's precinct had a population OF 10000
aud $1,000 voters In H. All he knew about
the block In which the Schmidt house was
locatei was knowledge lie would get
by walking by
The main witness, Lena Schmidt. was
then sworn al the afternoon session.
She was born In Germany, and had lived
nj n Stuyyesant street since Ocoler. 1880
Mr.. Osborne tried 20 show that the char
scter Of the house vas changed Just before
Oct I, lyDO but the Court confined hum To
the period bstwesn Oct. l. 1870 and July ..
1871
How va ths bouse conducted ? asked