New-York tribune., 1903-02-07
RAPS SCHMITTBERGER.
RE-4DS LEXOW RECORD.
Jerome Says Captain Is Not Fit
for Force.

District Attorney Jerome denounced Captain
Max Schmittberger. Of the West Forty-seventh-
81. station. in unmeasured terms yesterday.
The captain heads the eligible list of captains
who want 10 be inspectors. Jerome says
schmittherger is not fit TO be the police
force, that Schmitt herger's precinct is not any
too clean and that some evidence may he
gained there. Justice Jerome. in his office, took
down volumes Of the report OF the Lexow Com
rnittee and read much of Captain Schmittberg
sr's testimony in which he confessed accepting
money from disorderly houses, policy shops and
gambling dens. The District Attorney said he
felt sure Commissioner Greene was sagacious
enough 10 find way Of keeping Schmittberger
from promotion.
Il regret that Schmttberger took the exam
ination." said Mr.. Jerome. for the man is unfit
~ hold any position in the Police Department.
The Lexow Committee exercised the power to
extend clemency and kept him out of prison. but
1t was against the wishes Of counsel and, as
believe, against all better judgment
But then we could not get the evidence in
sny other way, and he used witness
and was known a 'squealer.'
The public has a notion-I don't know how it
got it-that the confession Of Schmttberger
the act OF a contrite and was made to
remedy great wrong, and there is idea
that he has led an exemplary life and has con-
Quoted himself honestly and honorably since.
There is not a sclntilla of evidence that he was
is contrite repentant that he gave his
testimony through remorse.
Il was thoroughly cognizant of all the evil
dence that led him make the confession.
John W. Gof now Recorder; myself and
schmitt berger, oiped al the City Club and We
talked the matter all over. We told him he
would get chance to tell what he knew. to
which he replied that he would up lot of
people but would not convict himself. His Ian
gusge was that he would go TO prison before
he would convict himself. He offered TO give
up certain police officials if he could be covered
himself and never be known.
This proposition was first rejected by Re
corder Goff and myself. and he was frankly told
that he must tell all he knew go to prison.
He refused. and it was only after he was in
dicted and held un5er heavy bail by Justice
lngraham, and his counsel informed Of the
whole proceeding against him, that he decided
10 tell of his own deep degradation and give his
story before the Lexow Committee
Since that time he has been a person de-
spised by every honest and dishonest man on the
police force, and despised by every man in every
walk Of life who kr.oWs his record. No right
minded man would say word against man
who is truly pentsIst, but no one has any re-
spect for man who. TO save himself, confesses
that he himself was thief.
The public seam= TO have forgotten what
schmittberger testified TO before the Lexow
Committee. On page s,337 Of Volume of the
I,exow Committee report Schnittberger says
that after he was made a captain he was sent to
the Steamboat Squad. and collected from slS0
TO $3.50 4 month through his wardman. Gan
non vas his wardnlan then, and got 20 per cent
Srf,77ittf,ere SAWS he Went from there to the
Tventy-ffth Precinct, East Sxty-seventh-st.
There was little doing there except policy, he
said but he got $40 month The Bohemian
Liquor Dealers Association in that precinct
paid him $50 month. Cannon was transferred
with him, and got his 20 per cent
inspector Williams got certain amount
through Sergeant Price, afterward made cap
tain. Conditions were such that Schmittberger
saws he said, III deal with the inspector my
self and Price cut out.
In the Twenty-seventh Precinct Ghe old
rumber-now Central Park, where Schmltt-
berger went next. he said he found policy shops
and poolrooms. and collected $50 a month, OF
which about S2Go went TO Williams and 20 per
cent of all to Cannon. Schmittberger testified
that he gave Williams about $500 in all in
nine months In the Fifth Precinct Schmitt-
berger says he got about $4o0 month, part Of
which went to Inspector McAvoy: he was IN
the Ninth Precinct only a short time, and SAID
there was nothing TO collect
In the Twenty second Precinct ne sdlu ne
found policy shops and disorderly houses; ~
was 500 month for policy and $40. 40 and S9o
$500 to 5000 a month. he said, and paid McANoy
S15O 70 S115 a month. Then he testified That
he and NcAvov had understanding, McAYoy
asking him if he got any money from disorder
" houses and when Schmittberger said ne
got little, he said McAvoy declared: II you
have I don't want il and won't take it
''On page 1910. OF Volume D. Schmtoerger
testified that when in the Nineteenth Precinct
S.te Tenderloin) he collected $500 a, month.
These things show the type of man he IS
II the law forces the Police Commissioner to ap-
,o;n+ a man like him IL will be an everlasting
disgrace 10 the city ana should be improved
upon by laws Of the State. If such thing Is
Yossibje It Is enough that he Is a member
Of the police force. and that he should be ele-
vsted to an inspectorship is a disgrace 90
NOT even know Colonel Greene's views on this,
hut I feel that with the brilliant record he has
made in five weeks he is sagacious enough to
find q way In the matter
Captain Schmittberger when told of Mr. Je-
ron1e's words, said
II nave the respect and admiration of every
honest man on the force and the crooks don't
care about That's all I've got TO say about any
thing Mr.. Jerome saic-