The sun., 1910-02-18
POLICEMAN'S FINE RENTED
ACCUSERS SHIFTED: 3 GUILTY
IN BARBER SHOP CASE.


Bugher Proves at RehesrIng That Raider
Gallagher Was Sober, Though He
Used Font u.anguage-Annie ADder-
son Absent From Other Cops Trial.
The IS fine which Magistrate Charles n.
Harris imposed on Policeman William
Gallagher. the Headquarters raider, ac-
cused by two plain clothes men of drunk
enness early last Wednesday morning.
was remitted yesterday. Acting Commis-
sioner Bugher asked for a reopening OF
the case in the Yorkville court and got II.
Gallagher goes back to the Office Of
Chief Inspector Schmittberger. Nelson
and Bishop. the two plain clothes men OF
the Fifth street station who arrested
him, were transferred to to do patrol in
uniform, Nelson to the Leonard street
station and Bishop to Mercer street. The
transfers are temporary unless made
permanent when Commissioner Baker
returns.
I'm go the limit for any man in the
department who isn't getting a square
deal" said acting Commissioner Bugher.
and 1 don't think Gallagher wss getting
a square deal. don't mean by that that
court. He certainly did so far as the
evidence presented went but l found
some additional facts.
1T was from the police that he didn't
get a square deal, He was locked in a
cell and had no opportunity to communi-
cate with friends. He was on police duty
when arrested. am convinced that he
was not intoxicated"
Mr.. Bugher went to court with DIR.
Marvin Palmer. chief surgeon Of the
department.; Capt. Morris OF the Fifth
street station, the policeman in the case,
and woman Sophie Burns.
The woman testified that she had COM
planned to Policeman Sullivan in Third
avenue early Wednesday morning that
man who said he was a detective
had abused her Sullivan testified that
women had made such complaints to him.
but that Sophie Burns was not one Of them.
The girl said Gallagher had kicked and
struck her.
did Gallagher act in any way disor-
derly?" Commissioner Bugher asked Sui
livan.
NO. sir not while within my view
Sullivan added that it had not seemed
| to him necessary TO arrest Gallagher for
intoxication or disorderly conduct.
Commissioner Bugher questioned the
woman. She said she had known Police
man Bishop only a week or so. She
said she never had been arrested in that
precinct and had been around there for
| four years.
Policeman Farrell said that except for
calling Nelson vile names Gallagher was
not disorderly. DIR. Palmer said that
after examining Gala CHER at the station
opinion he had not been drinking" DR.
| Palmer said.
Bishop and Nelson were examined by
the acting Commissioner and both of them
that nettled him. At the conclusion of
the hearing Magistrate Harris said:
-In view OF the additional testimony l
am satisfied that Gallagher was not in
toxicated and l remit the fine. The
| testimony shows that both Nelson and
Gallagher used very foul language in the
public streets and il any one should make
a complaint against them l would enter
tain it."
Commissioner Bugher said that he had
been SO busy with the Gallagher case
that he had not yet fully Investigated the
matter of bringing charges against In
spector Hogan and Capt. Morris, whose
failure to raid a gambling house started
| all the trouble.
yesterday the trial Of the five policemen
in connection with the alleged assault of
Annie Anderson in a barber shop at 404
East Thirty-fourth street on January ~.
Harry @. Weitzel of Traffic Squad c,
Patrick j. Bligh and Arthur E. Temple
Of the East Thirty-fifth street station were
found guilty. with the recommendation
that they be dismissed. The cases OF Po-
liceman John W. Grove of the East Thirty
fifth street station and Of James T. Staple
ton OF the Fourth branch detective
bureau Commissioner Walsh took under
advisement until to-day.
The elusive Annie Anderson did not
appear. Although Commissioner Of Ac-
counts Fosdick was there on a subpoena,
Mr.. Merrill, counsel for the policemen
did not ask him IL the woman had been in
his custody. Mr.. Merrill said that infor-
nation had reached him which led him to
change his mind
Angelo Amencno. the little bootblack.
and from the witness chair
In the shop at all on January "a. Mr.
was not the policeman but the barber
against whom the woman had complained
and that the barber was accusing the DO
liceman TO clear himself. Morretto ad- |
mitted that girls often came to the shop to |
visit him.
Stapleton said that he was called to the |
shop by Bligh, who told him that a traffic |
man had taken a woman there. He said |
she refused to make any complaint other |
than that she thought the barber should |
be made TO pay for the blow he struck |
her. Stapleton left the shop, he said, with |
the impression that Bligh was going to |
report the case at the station house.