New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-01-24
EXCITING POLICE TRIAL.
Bingham and ROsalsky Clash
Schmittberger Reprimanded.

After an exciting trial in which all precedents
were thrown to the winds Inspector SchmittbelSer
was found guilty yesterday the charge Of neg
lect of duty in failing to prevent Captain Dooley
Of the Tenderloiu station, from detailing a plain
clothes officer for eight days Of continuous service
The inspector got off with the lowest possible pen
atty. which means that he will simply be repri-
naanded.
The trial before Commissioner Bingham began
with fireworks When ex-Judge Otto Rosalsky
arose and announced that he was counsel for In
spect0r SchnittDerger. he was told by the Commits
sloner to sit down and wait until he was called for
After the charges had been read Commissioner
Bingham asked Inspector schmittberger If he was
represented by counsel. Mr.. Rosalsky tried TO eX-
plain that IL had been rule in former times tor
counsel to announce his presence when the case
was first called, but Commissioner Bingham inter
rupted with that rule is changed for the present
James F. Mack. Third Deputy Police Commits
soner who prosecuting the case for the depart
rnent then had argument with Mr.. Rosalsky.
cut that out shouted Commissioner Bingham
from the bench DO your arguments outside.
don't want to hear them"
When Inspector Schmittberger was asked the first
question Nh Rosalskv tried 10 enter objection
and then followed the dramatic part Of the trial
The lawyer tried 10 explain how the inspector hap
pcned 10 be on charges and spoke OF his own record
on the bench. The Commissioner interrupted'
"Oh, rot. ] don't want to hear what you have
held. We're here 10 try Inspector Schmittberger
This is merely question Of fact as to whether the
rule OF this department was broken
Mr. Rosslsky replied: I'm only here 70 see that
Inspector Schmittberger gets justice and a fair
show"
stop right there" said the Commissioner, you
will not give any justice OF fair show TO this
officer than I will give him"
Deputy Commissioner Mack relieved the stua-
fion by asking 70 be sworn witness he
rec,ted the charges and then Nj Rosalsky exam
ined him.
Have you examined the blotter since these
charges were made?" he asked.
No" replied Deputy Commissioner Mack.
..Do YOU know Of your personal knowledge
that Patrolman Hamilton was assigned TO plain
clothes duty for eight consecutive days."
CAPTAIN Dooley admitted 70 me that he had
violated the rule"
What are you trying 10 prove?' interjected
Commissioner Bingham.
Commissioner Bingham then examined Inspector
ecbu1ftt berger. who said he was almost broken
dawn under the strain Of long hours. He was in
,errupted by the Commissioner, who said his rec
ord was all right and the only thing 70 decide was
whether he had done his fun duty in the case.
When he had finished ms statement ColIilI77oli'
yes you've made good talk; but you would
iau,-sr wish YOU had left your counsel outside.
Al this last remark Nj. ROsaIsEy jumped 20 MS
feet and said: .., 49, .-;tl,,f,.-,. IRON, chic
cose 1 will never appear as. counsel 2eIoIe you
again. / came hero as 81 gem sill1i'' anu 'N4
- h.. frested with high regard , .
,,1ieeioner bingham then said that he meant
no insult the apparent preach We iI5 -
and Nj ROsalsky seemed sdusilsL eILg.t+tt-dr.-
eio1er said he would find Inspector ochliI ~
it b,iT mat me would infict the lowest pena ~
- -52.ord Re was clOseted in his private ONO
thev came out II was apIuIeI l+i- o-' i'''-
polIred the troubled waters