The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-10-28
SCHKTTfBEUGER TRIAL ROW.
COUNSEL FT0HTS mo GET ~ REC
ORD or M'NAU0HT ARREST.

esa. ,nxham WIN Oaiy RsS~svs - Frssa
W~estchester Justice hhO Wont ORer
It-StAthot ChalengIp Inspector 20
Arrest Accusing witness for Perjury
The trial OF Police Inspector Max Sohmitt-
berrer was OoutinuUd befDre Police Com
missioner Bingham at Poll % Headquarters
Yesterday and developed Into n OF the
I~lvelie1t sessions Of the wllole proceeding.
An adjournment was at Last taken some
Svhat suddenly. and In thtb excibement OF
the moment Gen. Binghsrp forgot to an
nounoe the date Of the next hearing
The perturbation came about when
co,nael for the defence wanted to intro
duce aome more testimony affecting the
character of Detective Sergeant Robert
MoNausht. one Of che witnesses Tor
the prosecution, before he beeRme q police
man. This was at the close Of the Jays
proceedings. when Thomas Delehanty vas
called an a witness for the defence. On
June II. 1880. he was q justice OF the peace
IN West Chester and had iuEiadickion over
the Morris Park racetrack. Mr.. Lfttleton,
counsel for Schmittberger, said he ex-
pected 20 prove by this witness that NC
Naught was guilty Of perjury when he filed
his written application to be mace q police
man.
ar Won have evidence thai he Committed
n crime. why doesn't Inspector Sdhmttoer-
Rer arrest MoNaughtl" demanded Deputy
Police Commissioner Mathot, was pros
ecuting the case, .
sWhy don't you arrest him yourselfI'
came back he lawyer.
.Fort the reason that we do not believe him
70 be a periurer. and we challenge you to
arrest him on that charge"
Counsel for the defence said he wanted
10 nroye by the witness that McNaught
had been arrested on June II, 1890, in con-
nection with mutiIated racing tickets.
The Deputy Commissioner objected 20
the testimony on the ground that It was
not competent.
why are you prosecuting M~cNaught!'
MIR. LittIeton demanded, and when ne re-
oeived no response he went or to say that
the witness had with him a book which
contained an entry relating to Mcknight
and the raoetrack ticket transaction.
Commissioner Bingham said he wanted
to be satisfied that the entry in the book
was competent evidence before he would
admit 1t.
Then the inspectors counsel jumped to
his feet, took the book from the witness
and extended IL toward the Commissioner
saying:
Mcknight did not tell the whole truth in
his application for appointment on the
police force. 1 want to impeach his tes-
timony on this trial. II you viii not admit
the entry az evidence in this trial, then take
the book. Take it for the purpose Of max
ing charges against him, as he is still in the
Police Department, and you are its head
IT 1,1It.n 30 Hnnatv-n u Whnn nffaTnd in
that manner" responded h Commits
sioner. The proper way would be for
Judge Delehanty to send me the book
officially with a memorandum calling at
tention to the entry referring to M~cNaught's
arrest and suggesting that IN investiga-
ton be made with a view to formulating
charges"
Il offer you the book now. Here IL is;
take it," went on the inspectors counsel,
holding out the book.
Il will not take it, Mr.. Littleton. from
you. The book is not yours to give away.
the Commissioners declared,
The counsel then asked the Justice OF the
peace to give the book to the Commissioner
so that charges might he made against
MoNaught.
Il know OF no reason why 1 should dc
10. / decn1S to do So responded the
witness.
All those Immediately interested were
at a high tension, and It was at this moment
that Gen. Bingham announced an adjourn
ment.
Early in the session the counsel for tbs
defence called Policeman Lemon, who had
been on the inspectors stan. The witness
said he had made daily reports TO his
superior. He had received instructions II
regard to suspected gambling houses. There
was q place on West F~orty-tirst street tina
he was ordered to visit and use all possible
means to get evidence il gambling ws'
did you 90 there daily7"
yes, nearly 80, from September, 1905
to May. 1901
.Did you try to get into the house,
yes, but the door was always locked
/ never saw any one entering or leaving
the house. the witness replied.
The windows were very dirty, he said
and the shades were up. At last he wen
there one day with Policeman Cody anC
found the basement door open. His com
panion went upstairs n made,a bet oil
the ponies. On this evidence the plac'
was raided. This was In November, 1908
Evidence Of a poolroom was found there
In February, March and April OF this yea
he visited the place every afternoon ant
reported to the inspector that there wa
no evidence of anything wrong going on.
The Deputy Commissioner offered the re
ports for January and February ade
the captain OF the Tenderloin precinct ant
approved by the inspector, and points
out that nothing appeared there abou
the place on West Forty-first street, whic
the witness said he had reported almos
daily.
The witness said he had been told b.
the inspector To work Independently OF tn
precinct policemen and to do his best .
get evidence and make raids.
Whose house was IL tina you and Cod
raided7" asked Mr.. Mathot.
Il believe 10 was Honest John Kelly
saw IL 30 stated in the newspapers" tn
witness replied.