New-York tribune., 1910-02-17
SYSTEM AT WORK?
QTEER POLICE CASES.
Charge of "Frame-Up Made
Witness Disappears.

In ,uo matters Of discipline in the Police
Department yesterday oidtimers al hean-
ouerters profess to see the pernicious work
ings of thc so called system Patrolhan
William r. Gallagher, who has been AZ
,ac,.ad .o chief Tusnector Schmittberger's
staff since he became a member OF the oe-
uertrne.lt on the last day Of December. 1903,
,nenlv asserted that he was the victim or
@ ..frsme-rp-' when he was arraiSned In
the YorkyiiIe court and fined s. by MaGis-
trate Harris on charges of intoxlcaton ana
disorderly conduct made by DetecuVe 1Nei-
son. of the 5th street staten
AZ Gallagher was about TO leave the
colrt after his wife had paid the fine. he
was Informed that he had been suspenoeo
bv Acting Commissioner Bugher penang
an investigation. Startling developments
are expected before q decision is reacheu III
his case
Tho other occurrence that caused many
familiar with methods in vogue IN the de-
na-+nert TO nod their heads wisely hap
named when Patrolmen Harry WeItzel ana
Jobn ". Grove were placed on trial in con-
,ection with the alleged outrage on Annie
anderson in a barber shop at No. 494 East
a1,h street on January %. When the names
~, 4be witnesses were called all responded
-xoenf the woman John B. Merrill, former
district Attorney of Queens, appeared TOT
the nafrolnlen and said that he desired 10
examine the woman before he placed Went
Eel on the stand
IT believe she IS in the scustody or the
police" he said, and it is up to then 10
produce her"
DEPUTY Commissioner Walsh thereupon
instructed Inspector Walsh 10 ask Actlhs
Commissioner Bugher to produce 'he
woman but the inspector returned ana HI
nounced that it Was understood that she
was in the custody of the Commissioner oI
Accounts the latter having made a secret
investigation at the instance OF Nasoi
Gaynor-
Merrill announced that he would oplalh
s1,tpa.nas for Commissioner OF Accounts
Eos6ick and INSPECTOR McCafferty, and
added that he thought the latter was sup
nosed TO guard the woman. IF he has let
her ont he continued, something ought
10 happen to him.
Deputy Commissioner Walsh then said:
II will not let the Commissioner or Ac-
counts or anybody else keep this woman
away. I feel as you do, that she shoulo
be here.
John Moretto. proprietor Of the barber
shop where the alleged assault occurred
said that Weitzel, in full uniform, entered
his shop with woman, who seemed 10 De
intoxicated and went to a rear room
Later weitzel. he said. gave him 80 cents
and told him to send out for some whiskey-
Noretto said that he helped the woman
sra N-eitzeI drink the whiskey. and that
the pstrolraen stayed about fifteen minutes
and then left. Other witnesses gave sim
liar testimony.
weitzeI in his own behalf said that the
woman approached him and asked where
she could get a face massage he olrecieo
ber 70 the barber shop at No. 4o4 East 3zth
street Later he went into the shop he
.zje and found that she had gone into
rear room. She pleaded him him to get her
some vhiskev. and it was cold day ne
ronplied with her request After taking
fne drink he left. He testified that this
Was all he knew about the affair
The DEPUTY Commissioner adjourned the
trial until to-day In the case OF Grove
who was accused by Moretto Of sitting on
the vvornan's lap and struggling with her,
adjournment was also taken until to-day
Decision was reserved in the case or ia
frolrnen Temple and Bligh, who were
charged with failure to make report or
the case.
In the Yorfville court Magistrate Harms
listened 10 two conflicting stories Detec-
tive Nelson testified that he was on the
fookout for q man who was supposed to be
Shaking down women Of the streets IN
lower Third avenue He saw Gallagher
talking TO a woman, and told him TO move
ON. The latter showed his shield, but Mel
son insisted that he on duty there, and
told Gallagher TO leave the precinct When
the latter became abusive the arrest fol-
lowed At the station Gallagher was sent
TO cell where fe was examined by
uolice surgeon, who said that there were
no traces of alcoholism
When Gallagher went on the stand he
reminded the magistrate that Chief In
spector Schmittberger and his men had
made gambling raid over the heads of
Inspector Hogan and Captain Morris on
Monday and said that it was because Of
that raid that Nelson was so anxious to
arrest i9im-
Gallagher took no part IN the raid, al
though he gathered some Of the evidence
on which il was made. Acting Commis-
sioner Rugher said that charges were be-
ing formulated, and that they would prob
ably be made against the inspector and
captain in few days.