The sun., 1906-12-27
CAPT. wendell UNDER ARREST
CHARGED WITH TAKING M0NEf
FROM ARMORY ENGINEER.
Rancd Out m On. 400 After Pleading Net
Gunty-Csaspsracy May No Set I'D In
Dercnce-Grand Jury likely to Con
xisscr All the Charges Against Him.


sidcr All the Charges Against Him
Capt Louis Wendell Of the First Battery,
N. G. n. Y. was arrested yesterday on .
warrant issued by Magistrate Crane chsrs-
ing him as an officer Of the State with hav-
ing unlawfully received money for the per
Torrance OF certain OF his duties. Under
Section ls Of the Penal Code this is felony
punishable by a maximum penalty of ten
years In prison, or 81. 600 fine. or both. Capt.
Wendell surrendered himself to the Court,
his arrest being technical, and was baiei
out in q, 500.
The warrant against Capt Wendell is
based on the single complaint OF Edward
Martini. formerly assistant engineer at the
First Battery armory in West Sixty-sixth
street. The Martini case was selected by
representatives OF the District Attorne7',
Office as the strongest among the several
charges Of extortion and blackmai that
have been made by employees at the armoy
in the course OF. the investigation befor,
Magistrate Crane
Martini, who y now a painter, living ct
2Ooe Bathgate avenue. The Bronx, charges
that Capt Wendell engaged him on June /.
1909, as assistant engineer at - day, with
the understanding that he, the Captain, was
TO receive one-Balf of the wages On July /,
after his first month at the armory, Martini
drew from the city paymaster sI2O. He
charges that Upon receiving the money hs
counted out $40 and handed 1t over to Charles
B. Striebel, the armory engineer and his
brother-in-law. who, he alleges, had been
instructed by the Captain to make the coll
lection.
Martini says that he walked with Striebel
to the door of the Captains room in the
armory and saw the engineer hand over
the money to the Captain, who, after count
ing it, remarked: THAT 10 right At
the same time, Martini AYERS, Striebel
handed to the Captain SEQ from his own
envelope.
1t is this specific payment which is made
the basis Of the arrest. Martini testified
that half bis pay for the following month
was turned over to the Captain in the same
way. After the second hand to hand pay
ment the Captain. it is charged. became
foxy and requested Striebel to do the job
in a more businesslke way by dropping
the money in a slot in the desk cover.
Martini has testified that he paid Capt.
Wendell 1886 from his wages up to August,
1904, when he quit. He has brought a civil
suit in the Supreme Court to recover the
money Martins testimony is corrobo-
rated by that of his brother4n-law, Striebel.
who declares that he has paid the Captain
more than 81 600 from his wages.
Capt. Wendell appeared in the Tombs
police court at 345 clock with his counsel;
Abe Levy. At that time the District At
torneyis inquiry into the Wendell charges
was still going on in the NJ Magistrate' s private
room, but the clerk had been instructed
to draw up a warrant, and two OF District
Attorney Jeromes detectives, Reardon
and Brennan, had been summoned to
serve Il.
The warrant was awaiting the Magis-
trate's signature when the Captain walked
in. He had apparently been waiting at his
counsers Office and had lost no time in get
ting to the Criminal Courts Building after
word had reached Levy that there was
going to be something doing.
The Captain was little pale as he stepped
up on the bridge to give his pedigree. He
said he was % years old and married. He
gave his birthplace as Germany and his
business as a real estate dealer. He pleaded
not guilty.
Abe Levy asked TO have the Captain
paroled in his custody, but Magistrate
Crane refused. There was some delay in
the arrival of a bondsman and Magistrate
Crane consented TO sit until o'clock. The
time was almost up when ex-Assemblyman
Francis J. Goodman appeared. He gave as
security hisIhouse at 4S3 West Forty-seventh
street which is valued at t25, 900. The
hearing was set for 10 o'clock on January 0.
II will probably be held before Magistrate
Sweetser.
LAWYER Levy declared 10 the newsps per
men that his client was absolutely g,Iiltless
and that he would show at the proper time
the deep and underlying motives" which
had prompted the witnesses to testify
against Capt. Wendell. The inference was
that Lawyer Levy would set up in defence
a conspiracy to dethrone the Captain and
ruin his character Capt. Wendell on the
advice OF counsel refused to comment on
the case.
There is a chance that the District
Attorneys Office will not allow the pro-
ceedings against Capt. Wendell to end
with the action in the Magistrates court.
Besides the charges that he accepted money
outright, it has been declared that he got
money trOm employees through com"
pelliug them TO rent houses which they
never used that he allowed liquor TO be
sold in the armory without a license and
that private horses were stabbed there.
All of these charges may be presented
to the Grand Jury. They will, at any
rate, be threshed out In the court OF in
auiry proceedings which have been ordered
by Gov. Higgins at the request OF Capt
Wendell himself.
First Sergt John G. Jansen was the chief
witness yesterday in the investigation be-
fore Magistrate Crane. Jansen, who lives
at 4sS West Sixty-seventh street; has been
first sergeant and arrnorer OF the Wendell
Battery since 1885, Assistant District Attor-
ney Hart wanted TO know whether he bad
ever seen any liquor sold on the premises
Sergt. Jansen hesitated q minute; then
pulled out a piece OF yellow! paper. He
adjusted his spectaoles and, holding the
paper so that he could get a good light
on II, read:
Il decline to answer on the ground that
IL NAV tend 70 deRrndo or inortfninafe ma