New-York tribune., 1901-12-11
TRYING DEVERY AND DIAMOND.
THE PROSECUTION OF THE DEPUTY COMMISSIONER AND
HE CAPTAM BEGINS


The trial Of Police Captain Diamond before
commissioner Murphy proceeded far enough
Yesterday 70 enable the prosecution 70 put in its
evidence and then the Commissioner allowed an
adjournment until this morning TO give Dia-
-nond's counsel time TO decide what defence is
20 be made if any. It looked as if Commissioner
Murphy was bound to dismiss Diamond from the
force.
Ex-Judge ]. Rider Cady. of Hudson. n Y.
ssd Henry C Henderson appeared as assistants
10 Frederick B. House, Diamonds counsel when
diamonds case was called at Police Headouar-
,e-s at 1870 a n. yesterday Assistant District
Attorney Garvan was present to give aid and
advice Commissioner Murphy. Mr House de-
layed the proceedings by making a formal pro-
test taking the ground that the law under
which Police Commissioner Murphy was ap-
pointed was unconstitutional, and that the Com
missioner did not have the right to sit in judg-
rnent Diamond. This objection was over
ruled soon as Commissioner Murphy could
gst the opportunity. At the suggestion Of Mr..
Garvsn, the record of Captain Diamonds con-
sic1on in Albany was put in evidence.
Diamonds counsel would not admit that he
vas the person mentioned in the record OF the
conviction. and Mr.. Garvan was sworn as wit
ness and testified that he was present at the
trisl in Albany. and that Captain Diamond
Of duty Then Commissioner Murphy asked if
there was TO be any defence.
NJ. House-We are not required TO put in
defence until the prosecution has rested
Commissioner Murphy-It has rested
Nr House-Is it so entered on the record?
Commissioner Murphy-Yes, il is entered. That
is our case.
Then Diamonds counsel had a consultation,
and made a motion TO dismiss the charges When
that was denied they consulted again. and an
nounced that they would call Captain Diamond
as witness. Commissioner Murphy said:
y hope you Will not press this I have the
highest regard for Captain Diamond personally.
but I am here for one purpose only, to find out
one thing, the conviction and sentence by Judge
Herrick You gentlemen know that If you per-
sist I will hear whatever the captain has to
say but I beg you not TO call him
This remark of the Commissioner threw the
counsel for the defence into a panic. There was
another long consultation, in which Captain Dia-
nond took part
Mr. Commissioner said Mr.. House at last,
''we would like to ask you one question If we
can task your patience for that much 1t would
simplify matters much for US if you would let
US know whether you are proceeding under the
Public Officers act under the city charter
This was q poser for the Commissioner. He
CoughSC ana answered CAUTIOUSLY 1uoi - d
peculiar question. Why should I answer that?
Why should I tell you gentlemen the law under
which am proceeding?'
He turned for advice tc Mr- Garvan, and IL
was evident that he was not going TO answer the
question. Then ex-Judge Cady took hand:
What we would like to know" he said, in a
conciliatory, soothing voice. is this if you will
pardon the further question: want TO know
whether you think that you are obliged 70 dis
miss this defendant from the force upon evidence
of conviction. OK whether you can use discretion
in coming at your judgment and either repri-
nand, fine or disu1iss?''
Il consider replied the Commissioner, that
I have the discretion 10 do all of these things
That's ius- the point we wanted TO know,
said Mr- House. much relieved.
Mr. House consulted again with Mr. Cady, and
finally told the Commissioner that, in view of the
ruling and his reply 10 their question, they were
st q loss for the moment what TO do. whether
70 rest the defence there TO go and call
some witnesses He asked the Commissioner if
he would not adjourn the case until 1880 a m
to-day, and in the mean time the defence would
determine what ii would do.
Yes I'll give you that said Commissioner
Murphy, and the case was accordingly so ad-
journed.
4 score Of policemen in uniform subponaed
by the defence had been waiting in the hallway.
At the request Of Mr.. House Commissioner Muir
ply had orders issued that these witnesses
Should return to-day. Captain Diamond re-
NAMED behind, when nearly every body had left
the room, and had a word with Commissioner
Murphy