The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-09-14
PLOT TO DO SCHMITTBERGER.
CHARGE MADE BY MR.. LITTLE
TON AT INSPECTORS TRIAL.
sergt. Mcknight Of M street Cleaning
SQUAD Admits Hostility TO the Az
FUSED Social Status Of ROundsrnen
Day OF WrrngIes Between Lawyers.

49,
cused-SociaI Status OF ROundsmen
Day OF wrungles Between Lawyers.
Martin W. Littleton, counse for Inspector
Max Schmittberger, declared yesterday in
the course OF Schmittberger's trial at Police
Headquarters on charges Of neglect OF duty
that he would show there was a conspiracy
among members of the Police Department
TO force Schmittberger to the wall. Mr..
Littleton said that men in the department
who had had a grudge against the accused
for years were now taking it upon them
selves to Dust him from the force.
The trial went OF at . o'clock in the after
noon, Commissions Bingham presiding.
Il was announced first OF all that Mr.. Little
toms objection to Third Deputy Commits
sioner Mathot acting as prosecuting attor-
ney was overruled. Inspector Schmittberger
was then called tosthe stand and sworn.
Mr.. Mathot handed S~chmittberger a
bunch OF reports that had been forwarded
to the department by Capt. William Hodgins
when he was in command Of the Tenderloin
and was just in the act OF asking him if the
endorsements ION the reports were his when
Mr.. Littleton objected to S~chmittberger
taking the stand and testifying against
himself.
Mr.. Mathot contended that he had a right
10 call the Inspector to the stand, in ac-
cordance with the custom Of police trials.
Mr.. Littleton holly declared that the ac-
cused inspector could stand on his legal
rights.
After a hot legal squabble Commissioner
Bingham conferred with Assistant Corpo-
ration Counsel Arthur T. Butts, who sat
beside him, and decided in favor of Mr..
Littleton.
Then Capt. Bill Hodgins, who the day
before was transferred to City Island from
the East Eighty-eighth street station house,
was called to the stand. He identified
Schmittberger's signatures on the reports.
James l.. Mock, Deputy COMMISSIONS
Waldo's secretary, was next called and asked
about reports OF other inspectors. In
cross-examining the witness Mr.. Littleton
said he wanted to show that other inspec-
tors in various districts throughout the city
had certified to the accuracy of their cap
tains' reports and that they were techni-
cally as guilty as Sc~hmittberger. He
warmed up and told Gen. Bingham he
wanted 10 show. by comparing all the re-
ports, that there was a conspiracy to make a
scapegoat OF Schmittberger.
II is charged that in indorsinE Capt.
HodRins's reports Inspector Schmittberger
assumed responsibility for the existence
OF poolrooms and gambling houses in the
Tenderloin precinct. Mr.. Littleton held
that while all inspectors are compelled TO
indorse the monthly reports submitted TO
them by the captains no others were investi-
gated or had charges preferred against
them. This, he declared, indicated that
somebody was after S~chmittberger's scalp,
and that this specific charge was merely a
technical one and could be preferred against
any inspector at any time.
Mr.. Littleton made a request that the
reports OF the other inspectors be sub
mitted in evidence. Mr.. Mathot strongly
objected, declaring that they were of a
confidential nature and would embarrass
thu police department II any part of them
became public. Mr.. Littleton shooed the
idea aside He said that neither he nor
,ybody else in the trial room cared about
knowinR where gambling houses or pool
rooms were located. II was finally decided
that the other inspection reports should be
brought forth when the trial was resumed
to-day.
In the examination Of Robert Saul. the
complainant clerk, Mr.. Littleton tried to
find out what steps were Ia ken by the inspec-
tors to show the accuracy OF the captains =
reports, and also II any were accompanied
by certificates stating that attempts had
been made to verify them. Saul testified
that all the inspectors had furnished reports
in the same form az Schmittberger. He
denied knowing that Inspector Schmitt-
- = war Ehl w bAiN vi PUNISHMENT
Sergt. Bob" McNaught, who was put
In command Of the street cleaning" squad
and who made the raids over Schmittber-
gers head, told how he ra ided the gambling
house at 127 West Forty-lrst street. He
denied that he knew that Schmittberger
had raided il that same day. He admitted
that he had been unfriendly TO Schmittber-
ger and hadn't much use for him.
Didn't Inspector Schmittberger bring
you up on charges2"
Yes" answered the witness,
And weren't you fined sixty days pav7'
Il was"
> Now, isn't il true, Sergeant, that you
would like to see the inspector booted of
the force?"
"Eo. sir. I wouldn't want to see anything
like that happen
Sergt. McNaught said it was Rounds
man Becker who first asked him if he would
like to 90 into the street cleaning" de-
pertinent. He replied that he would like
, the job, believing that he would have charge
Of the %patrolmen who are Sent out to make
|, arrests for violations Of city ordinances.
The following day, he testified, he received
word at the Macdougal street station house
. where he was doing desk duty, to report &c
Commissions Woodbury. Of the Street
Cleaning Department. The order was
signed by Chief Inspector CortriRht. Tho
witness said that he received instructions
from First Deputy COMMISSIONS Waldo
to go out with Roundsman Becker and
Fl" Patrolman Forbell and raid gambling
houses and poolrooms wherever they found
them. He said he was and a list oi
suspected places which had been given e.
Commissioner Waldo by the Rev. DR.. Cort'
n land Myers.
: Were you instructed 10 coninc voul
I operations to the third inspection G|istri-t:'
asked Mr.. Littlcton.
z 81 was not"
T Mr.. Littlet0n then tried hard to show
t that Mcknight and his street cleaners"
: confined their operations principally II no
8 wholly tn Schrr ittberRer's territory. Mr.
Mathot objected repeatedly u questions IN
T by Mn Littlet1p. and q wordv war was 81
every feT Minutes. COMMISSIONS Bing
z ham displayed Impotence at the continues
d ~N<rShgJes and admonishe1 the, cOuhse
e time and time again. Mr.. Littleton &C
v cyee1 Mr.. Mathot OF prompting witnesses
Q Mathot accused his opponent Of employing
~ sneaky methods TO exact answers from