The sun., 1910-02-17

EBGOhlS AAuCU kMhUt SDDGF-EwAE Wu0
Had Him Hauled Up Are 20 Ne Tried
-suspiciOus, Says Bugher. for WhOn
Gala cher Offended Precinct Men.
William F. Gallagher. a young police
man on the stan OF Chief Inspector Max
Schmittberger. participated in a raid
that Schmittberger made last Monday
night on a gambling house in st. Mark q
place, sally that was conducted without
the knowledge OF Inspector William F.
Hogan or Capt. Frank Morris. Morris
commands at the Fifth street station
house and Hogan bosses the inspection
district OF which the Fifth is part. The
raid stirred up talk in the department.
Fairly yesterday morning plain clothes
man John Nelson OF the Fifth street sta
ton met Gallagher at Third avenue and
Thirteenth street. Nelson accused Gal
lagher OF accosting women. There was
a row, which was terminated when Nelson
arrested Gallagher and took him TO the
Fifth street house. Lieut.. August Kuhne.
who spent a month in the Raymond street
jail for contempt OF court. was on the
desk. Kuhne accepted Nelson's charges
that Gallagher was drunk and acting in a
disorderly manner. Gallagher protested.
said that he was as sober as Judge and
that he had been acting in the line OF his
duty when Nelson forced a quarrel on
him.
The lieutenant sent for Police Surgeons
Marvin Palmer and Smith and asked
them to examine Gallagher. At the
same time Kuhne telephoned to acting
Commissioner Bugher that he had queer
case on his hands. The Commissioner
despatched a surgeon from Headquarters.
who arrived at the Fifth street station
within an hour after Gallagher had been
taken there. The third surgeon agreed
with the others. They couldn't find the
slightest indication that Gallagher had
been drinking. Kuhne. however. sent the
policeman to a cell.
Gallagher appeared in the Yorkville
court yesterday morning for Rrraigument
before Magistrate Charles n. Harris.
Nelson and Policeman Farrell OF the Fifth
street station walked up to the bridge ~
witnesses against him. There were a
dozen policemen in the court room crowd
and they were obviously keen to know
what Magistrate Harris would do.
Detective Nelson told this story: Il
was out in lower Third avenue keeping
an eye out for man who | had heard
was shaking down the street women.
l saw a young man very busy talking
TO one ot these women and noticed that
group OF girls were waiting near hy,
went up to the young man and ordered
him to move on. He flashed his shield,
said he was from Headquarters and
wanted to know who l was. 1 showed
my shield. telling him that he wasn't on
duty there. even il he was from Head
quarters
He started OH down Third avenue with
me at his side, he said that one Of the
women had accosted him and that he
didn't propose to stand for il. II some
body didn't arrest her he would do 80
himself. he said. He got more and more
abusive and used profane language. and
finally he got SO disorderly that put him
under arrest and ran him in"
Policeman Farrell said that he had
heard the alteration between Nelson
and Gallagher aud that strong language
was used by Gallagher. He couldn't
remember what names Gallagher called
Nelson.
Gallagher's version was different He
reminded the Magistrate that he had been
one OF Schmittberger's men in the gam
bling house raid on last Monday night and
that the raid had been made over the
heads OF Capt. Morris and Inspector
Hogan.
That raid he said, made the men
OF Nelson's precinct sore at men from
Headquarters, and IL was on that account
that Nelson was so eager in arresting me
l was going along Third avenue mindinR
my own business when a woman Of the
streets sccosted me. ! told her TO mind
her own business and move on Then
Nelson came up and arrested me
Magistrate Harris fined Gala CHER S.
Gallagher didn't have the money in his
pocket. but his wife did. She appeared
from the back part OF the court room,
paid the fine and left with her husband.
Ga CHER was ordered to report to the |
East 126th street station. There he !
was told to go TO Police Headquarters |
When he got downtown he was notified
that he had been suspended pending an
Acting Commissioner Bugher and Chief
Inspector Schmittberger had Nelson. |
Farrell and another policeman OF the |
Fifth street station, Sullivan, up for |
The result OF the Ques- |
tioning and a further talk with the police |
surgeons who examined Gallagher and |
reported on the blotter that they could |
find no evidence of intoxication was
that charges OF lying and false arrest |
were made against Detective Nelson |
and another policeman OF the Fifth street |
station.
An effort will be made to have the
police court case reopened. Mr.. Bugher !
said the affair seemed to him suspicious"
Acting Commissioner Bugher had a
similar case brought TO his attention
about a year and half ago when he
was Second Deputy under Gen Bing-
ham. Mr.. Bugher had detailed one Of |
his men, Michael j. McGrath, TO gather |
evidence against gambling houses ON |
the middle East Side. McGrath had
been sleuthing in the neighborhood only |
a little while when Patrolman Max Green |
baum came up to him when he was stand |
ing in the doorway of a pawnshop at |
Forty-second street and Third avenue. |
Greenbaum fred pistol at McGrath. |
wounding the detective in the shoulder, |
although MC(frath had ahoWad Graap |
baum his shield just before the patrolman |
drew a pistol. IL took Commissioner |
Bingham five months to get Greenbaum |
on the force. Bugher attended TO that |