New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-05-03
District Attorney Alarms De-
fence by Story of How Murtha
Came to His Home Seek.
ing Immunity.
SURPRISE AS STATE RESTS
Prosecution Forces Dougherty
and Schmittberger to Make
Damaging Admissions-De-
tective Thomas Anglers
Accused by Evidence.

In unexpected and dramatic fashion,
District Attorney Whitman rested the
case of the State against ex-Inspectors
Dennis Sweeney, James +. Thompson,
John J. Murtha and James f. Hussey
yesterday afternoon. Two hours later,
when a recess was taken prior to going
on with a night session, the District
Attorney declared he WAS certain that
the jury would find all four guilty OF
the crime charged-conspiring to keep
George A. Sipp, the Harlem resort
keeper, out of the jurisdiction of the
court when he was under grand jury
subpoena.
District Attorney Whitman's climax
was a surprise to the defence, and
when Court Clerk Penney called out
Officer Thomas" Inspector Murtha
half rose from his chair, and his CO.
defendants fidgeted in their seats.
Quickly Thomas was sworn, and
for the first time in the case District
Attorney Whitman rose to do the ex-
ter known as "Al' Thomas, described
himself as a first grade detective, at
tached to District Attorney Whitman's
staff.
hon acf ctn hn h
GRATED I'm IFS essentials by District At
torney Whitman. was that Inspector
Murtha. on March IS, met him and told
him he wanted to confess and wanted
immunity from Mr.. Whitman. Abra-
ham $. Gilbert. counsel for Murtha.
tried every legal artifice at his disposal
TO prevent Thomas's story from getting
on the record, but Justice Seabury
overruled all his objections.
Whitman Silences Lawyer.
Mr.. Gilbert even went 10 the extreme
of calling District Attorney Whitman
as his own witness. in an effort TO show
Thomas was violating confidence. But
litf Dl-tllNA LAbAOlltg tVlb WI JllOfiI
and the Jurors leaned forward In their
seats, their hands to their ears. TO catch
every word-that all Thomas testified
TO was not I'm confidence. What Mr..
Gilbert had in mind, Mr.. Whitman ex-
planned, was confidential talk he and
Murtha, at Murtha,s request. had in "a
room off the witnesses study i'm his
home, in East 26th street
What | said with Murtha in that
little room" said the District Attorney
81 have kept sacred. And / intend to
do so. unless you want to know what
1t was"
NO. answered Mr.. Gilbert quickly,
Il don't wish to hear it,"
When Thomas. who also told how
Murtha admitted he had contributed TO
the Fox defence fund, raised by the
four defendants and Captain Walsh,
left the stand all four inspectors glow
cred at him.
Inspector Sweeney, who the state NJ
leges was the chief conspirator In tas
plot to keep Sipp away from New York
state. turned around in his chair TO
look after Thomas as he left the court
room. and as the detective reached tho
door Sweeney thrust forward his thin,
pallid + ce, and, opening his mouth M
Ill each line in his face spelled hatred,
he snOrted after the retreating form Of
Thomas.
After Thomass story had become
public property policemen were openly
declaring that he would be back pound
ing the pavement in uniform before
forty eight hours.
We'll" said one man conversant
with the ways Of the Police Depart
ment. "f Waldo does not find somc-
thing on which he can hang charge
against Thomas for his loyalty TO Dis
trict Attorney whitman it will be the
first time : , has failed
No Address by Defence.
When Mr. Whitman announced that
the people rested there was hurried
consultation httNttH liic law gtiS A'i
the defence. Then John b. Stanchfeld
made the usual motions 10 dismiss.
which Justice Seabury denied.
The defence took a turn at surprises
by not making an opening address to
the Jury, and elated the prosecution by
the character of the case it presented.
First they called Chief Inspector
schmittberger. and followed him with
Deputy Commissioner Dougherty, who
testified on direct examination to the
receiving OF the afiidavits on which
Sipp was arrested in Atlantic City.
But on cross examination the prose-
cution scored one of its biggest poiats
in the whole trial. when. under the
searching fire of Assistant District At
torney Frank A. Moss's questions,
Dougherty was forced 10 admit that b.
knew when he read the atfidayits that
Sipp's charges OF graft against the TO-
lice would probably be rendered worth-
less as a result of these 'fak0a''
charges, and Mr.. Moss wrung sao0
admission to the same effect tro0
Schmittberger.
or even greater importance was the