New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-08-03
LIEUT.. KUHNE ON TRIAL
Says Bingham Ordered Him Not to
1pOIOgi@e to Court.

Lieutenant August Kuhne formerly IN charge Of
the Brook Detective Bureau. who was recently
discharged from jail after serving thirty days TOT
contempt of court pleaded not guilty yesterday
when arraigned on charges before Police Commits
sioner Baker at Headquarters lie is accused OF
conduct unbecoming an officer in the commission
Of a criminal offence by the disobedience Oh
mandate of the Supreme Court; making a false
report: giving false testimony. and violating the
rules of the Police Department" After a hearing
which lasted all day decision reserved
II did not intend to be in contempt Of COURT
said the defendant when called to the stand late
in the afternoon. II would have apologized TO
Justice Burr had I not been otherwise ordered
Mr. Bingham called to Headquarters after hear
ing that | had been advised to apologize. During
our conversation he said
What, Have You got cold feet? You right
in this matter, and We will fight it TO the end
According to kuhne Arthur Woods. Fourth
Deputy Police Commissioner under General BiuS-
ham, told him after sentence had been passed that
he CWoodsI would pay the fine imposed
Deputy Commissioner Slower, who appeared as
prosecutor. asked Kuhne it Commissioner Bingham
had promised him any reward for refusing to
apologize to the Court KUhne replied that the
Commissioner haG asked him where he stood ON
the list of prospective police captains, and when
he said that he was ninth on the list. the Com
missioner told lin that he would be made captain
as soon his name could he placed on the list.
This ended Kuhne's testimony
Robert II. Elder. the First Assistant District Az
torney of Kings County, who had been subpGnaed
by Mirabeau L. Towns. counsel for Kuhne, testified
that in his opinion the writ of habeas corpus issued
by Justice Burr. directing kuhne to produce Frank
Jenkins in court, ambiguous the name OF
Frank Jenkins having been written in ink over
the name of John q. Jenkins which had been type
written in the writ. One of Mr.. Elders associates,
Mr.. Smith. said that Kuhne appeared in court
about fifteen minutes after trying reach Justice
Burr the telephone to find out if the writ was
irregular
ton Counsel. who appeared in behalf of kuhne
while the contempt proceedings were in progress.
described conversation with General Bingham, in
which he told the Commissioner that the question
of contempt could be arranged if the Court were
properly handled. The witness said that the Com
missioner told him he would consent to d apology,
but would not agree TO stop taking pictures Of
persons not convicted, in the case of Jenkins.
who had been arrested on a charge of lootng
bank Of SlTO0OOOO.
Referring to the charge of making false report
in the case of George B Duffy Mr. Towns main
tanned that Kunne innocent There was never
any doubt about the charge against young Duffy
l was counsel for him the time. The point I
tried to bring out for Duffy that the police
Rad no right to mug him before conviction
Other witnesses testified that Kuhne's action in
the Duffy case customary, prisoners arrested
Saturday nights suspicious persons being
held as Migrants until compliments appear when
the charge may he change. to burglary.