The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-12-15
WALDO REFERS TO RECORDS.
DOESN'T SNOW ACTIVE MEMORY
AT SCHMITTBERGER TRIAL.
Inspector Had Only Onc-tweIrh the Number
or Men That His successor Had 10 Do
the Same work Thinks LcssenIng
OF Clerical work was the Reason.

OF Clerical work was the Reason.
Capt. Rhinelander Waldo, First Deputy
Commissioner Of Police, was the chief
witness at the trial of Inspector Max
Schmittberger. who Ia charged with fail
ing to close gambling houses in the Tender
loin district, when the case was resumed
at Police Headquarters yesterday. Martin
W. Littleton, the inspectors chief counsel,
had Capt. Waldo on the rack for half an
hour endeavoring to find out what signif-
canoe there was in the reduction Of Schmitt-
berger's detective force from twelve to
three men, while recently Inspector Adam
Cross, who is commanding the Third in
~spection district, which embraces the
Tenderloin, had thirty-six men-three
sergeants, twenty roundsmen and thirteen
plain clothes men-to do the same work
which was required Of Schmittberger.
Nj. Littleton, working along the lines
that there was conspiracyto force Schmitt-
berger out Of the department. tried to get
from Capt. Waldo the reason why Schmitt-
berger was held equally responsible with
Cross for work with only o~ne-twelfth the
number Of men Cross has had The wit
ness threw no light on the alleged con-
spiracy and attributed the reduction to
the lessening of clerical work in the Office
of the Third inspection district. Capt.
Waldo didn't remember hat Inspector
Schmittberger protested against the re-
duCtion Of his force, and added that he
could have had as many men as he wanted
had he made application for them and
told the nature Of the duties he wanted
them to perform.
Sergt. James j. Savage, who was on
Schmittberger's staf, testified that he and
the Inspector met nearly every night dur
ing the time Schmittberger was in the
Tenderloin, and that they both went around
the district together and Investigated
personally the gambling situation in the
four precincts. The sergeant told how
he rang the bells OF suspected gambling
houses, but was never able to gain entrance,
and he supposed that there was nothing
going on in those places where he saw
no sign of life. On cross-exRmination
he admitted that in his years OF experience
in investigating gambling complaints he
knew that where play was high the patrons
we're few, while. or the other hand, the
little games attracted crowds. Both Sergt.
Savage and Roundsman Esterbrook, who
was also on Schmittberger's stan, told
how well the inspector attended to his
duties and how hard he trick to suppress
gambling in the Tenderloin. Both said
they often heard him lacking up" captains
and detectives because they showed no
progress in getting after the keepers OF
the joints.
When Can't. Waldo was questioned about
the reduction of Schmittberger's stan
his memory went back On him, and he could
recall very little of the circumstances lead
ing up TO the transfer to patrol duty OF
Schmittberger's men. Almost every, ques-
ton put by Mr.. Littleton caused him
TO refer to the recor.s. He recalled that
the Inspectors force had been depleted,
but the only reason he could give Tor II
was that the clerical work had been lessened.
He could not remember Schmittberger's
request for the detailing of Policeman
Louis Cohen in plain clothes TO investigate
a gambling complaint, nor did he recall
that the same policeman. a month later
was doing detective work for Capt Hodgins
in the Tenderloin precinct.
After referring Mr.. Littleton repeatedly
TO the records OF the department Capt. Waldo
was asked what he knew about rRcing and
poolrooms. He admitted that he knew
that the most interest was manifested in
racehorses during the summer, and believed
that more poolrooms ran in this city when
the horses were East.
Pardon me if l presume too much on
your knowledge" said MIR. Littleton, and
then he asked the witness if he didn't be-
lieve hat more men were needed when
Schmittberger was in the Tenderloin than
when Cross took charge.
Policeman Phillips, a boyish looking
Policeman. VINO naS Deen OH tHe lOICc itSS
than a year, told how Inspector Schmitt-
berger had given him 500 to get a line on
pooIrooms and gambling houses in the
Tenderloin. Phillips registered at the I'm
perial Hotel and tried to make friends OF
sports who might be able to take him TO
houses where he could gamble. He spent
the money, but found nobody who could
nun him into dens of chance in the Third
inspection district. Phillips admitted that
he had never been in poolroom or gam,
bling house. except twice when he assisted
in raids. He admitted that what he didn't
know about the gambling situation would
fill a volume.
Capt. Hodgins, who was in command OF
the Tenderloin station when Schmittherger
was in charge Of the district, testified that the
Inspector often had to pay money out OF
his own pocket to the detectives who were
after gambling evidence, and that he had
TO wait a long time before he was reim-
bursed bv the department. The captain
said he had the same experience.