The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-09-20
CHARGES TRUMPgDUP , HESAYS
PASSIONATE PLEA FOR ACQUIT-
TAI OF SCHMITTBERGER.

PASSIONATE PLEA FOR AC0UIT-
TAI OF SCHMITTBERGER.
Lawyer LittIetOn Appeals 70 Gen. Bingham
~ . Soldier 70 vlndicGto Accused
Inspector Bitter Attack on the Hos.
ulc MISUNDERSTANDING the Rules.
In moving the dismissal Of the charges
against Inspector Max Sohmittberger,
whose trial was resumed at Police Head
quarters yesterday, Martin W. Littleton,
he accused inspectors counsel, made an
impsssioned speech TO Commissions BinR-
ham. He appealed TO the Commissioner
to drop the case then and there. declaring
that the charges wore trumpcd up and
should never have beeu preferred.
Mr.. Littleton attacked the principal
witnesses against neutrality-suspicious.
McNaught, Roundman Becker and Police
man Faubel-all three known TO o been
unfriendly to the inspector ever since he
brought them upon charges and had them
found guilty and fined.
sUnder the inspiration Of some unseen
force. these three men went after sohmitt-
berger and bounded him until they got
what they wanted said Mr.. Lttlet on
And row., Commissioner, I want you to
assert your manhood and dignity, as q
soldier INC Q ~citisen. and AJAX yourself:
Am 1 10 being fooled and imposed upon
by the enemies Of this veteranf' You can
seetthattthe evidence in the case is entirely
insufficient, and l appeal to you as q man
and q soldier to dismiss the charges
Commissioners Bingham seemed to be
deeply impressed by Mr.. LittIeton's earnest
and eloquent appeal, and after a consulta-
ton with Assistant Corporation Counsel
Butts he ordered counsel on both sides to
submit briefs on September %.
When the case was called at ? O'Clock
yesterday afternoon Third Deputy Com
missioner Mathot, the prosecutor, read
several rules Of the department which
Schmittberger Is accused Of violating and
asked that they be put into the records Of
the trial. They had to do with the duties
Of policemen, from standing at attention
when speaking to a superior OFFICER to
trying doors and cellar gratings. Mr..
Littleton asked that the rules be expunged
from the records, declaring hat they could
not be applied TO ar inspector. He pointed
out that an officer Of that rank was not
supposed to patrol q post; he wasn't oom-
PEELED to become acquainted with all the
residents on his beat, and there Is nothing
in the rules and regulations to show that
he must land erect, with yes to the front,
when spoken to by a citizen. Further
more, Mr.. Littleton added, he had never
heard Of an inspector going out on q post
and trying doors and cellar gratings.
Let US fight this battle on the level, "be
went on. What IL the use Of searching
a book Of rules for an offence when my
little friend on the other side has already
drawn up q list OF charges against Schmitt-
berger. Let Schmittberger stand or fall
on he charges, but I object to this pro-
oedure Of searching through the rules at
this time for additional offences. The rules
Mr.. Mathot has read could not possibly
apply to an inspector. 1t is shown clearly
that they have TO do with patrolmen."
Commissioners Bingham admitted to the
records the rules hat could only apply
to an inspector; the others, relating TO police
manners, etiquette, trying doors and graf
ings n the like were expunged.
Mr.. Mathot then rested his case and
Mr.. Littleton made his motion for the dis
missal OF the charges. He declared the
prosecution had not even proved that
there was a poolroom at 1877 West Forty;
first street when Sergt. McNaught and
his street cleaners" raided the house.
No conviction had been secured, he said,
and probably there wouldn't be one. He
an the course Of this trial you have seen.
Mr.. Commissioner, that the malignant
enemies Of Schmittberger were the ones
who got the evidence on which the charges
are based. Can 1t be explained why charges
were not preferred against the captain
OF the Nineteenth precinct, but instead
the whole affair was put up to Schmitt-
The lawyer then read an opinion handed
down by the Court OF Appeals, in which
it was held that a captain should be held
responsible primarily and an inspector
Mr.. Mathot in reply declared that an in
spector is held for the condition of his
district.
'sc~hmittberger either knew that there
was a poolroom at IS7 West Forty-first street,
and stood for It for four months, or else he
lied when ne said there was a poolroom
there" said Mr.. Msthot.
Inspector Schmittberger jumped up
quickly and asked the Commissioners to
ave stricken from the record the state
ment that -he had stood for the poolroom
for four months" He plainly showed his
rage, which didn't subside even after Mr..
Mathot's bitter words were disallowed.
Another squabble arose when Mr.. Mathot
tried to pave placed on record the duties Of
police officers as defined in the Greater New
York Charter. When Mr.. Littleton OBJ
jected, the Third Deputy remarked:
Department and It's rules"
We'll, SIR said Mr.. Littlcton, Il can
assure you l am In a very bad place here TO
learn much about the department"
This caused a laugh among the spectators
in the trial room, and Commissioners Bing-
ham had to rap for order.
In urging the dismissal Of the charges
Mr.. Littleton held that the evidence was
insufficient to substantiate them; that
Schmittberger's monthly reports were tho
same a those furnished by the fourteen
other inspectors; that be had raided the
West Forty-nrst street poolroom Ave days
before McNaught descended D the
place, and that the three principal wit
nesees for the prosecution weren't beyond
reproach.
I'm Faubel, = Mr.. Littleton went on, you
have q man whose forgeries, knownthroVgh-
out the department, should have hin be-