The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-06-23
JUDGE SWAMI DENIES
BOUNDING BY POLICE
Flatly Contradicts Testimony Of
Schwitofsky. Who Says lie
Was RailrOadcd.
DETECTIVES HIS FRIENDS
Suspended Sentence on Their
.Advice-Sleuths Tell
Of His Arrest.

Judge Edward Swami OF the Court OF
General Sessions was a witness last night
before the parol" Board. which 4. sitting
as special commission to determine
whether or not Alfred schwitofsky, now
serving twenty years in Sing Sing. was
justly convicted of robbing the home of
Theodore Il. Dale In West Forty-ffth
street IN 1911. Schwitofsky's friends ap-
pealed to Gov. Glynn for reopenins OF
tho case on the ground that the young
man was bounded for years by the police
and finally sent away on a trumped up
charge
Schwitofsky has testified that when he
was arrested In March. 1908. on charges
Of carrying burglars tools and OF burg.
larry, Judge Swami promised to suspend
sentence II he would plead guilty. Judge
Swami denied this last night and said that
when he did suspend sentence Schwitofsky
promised TO 90 TO Austria within month.
Judge Swami also said he consulted De-
tectivcs Einslor and puggan and that far
from exhibiting n desire to send Schwit
ofshy to jail they agreed IL would be A
good thing to suspend sentence and To get
him out of the country and away from
his associates.
Judge Swami said he Investigated the
case personally and that Probation
officer X mbal also made an investigation.
They found no evidence or conspiracy
Of any kind to keep Schwitofsky in Jail.
Miss Nora Murphy. who was employed
as a gown draper by Dale and who
identified SChwitofsky as the man who
was In Dale's house NJ the time of the
robbery, completely upset the testimony
oc kinsler. Duggan and Capt william
\. Hunt Of the court squad as to the
81. -
all said that Schwitofsliy was picked out
OF a crowd of spectators by Miss Murphy
and two other women. She testified last
night that the only identification made
was at desk In rear room OF the
Fast Fffty-seventh street court and that
she was not IN the court room AT all She
was positive that she identihed Schwitof-
sky AZ the man who was in Dalc's house
Police Captains William w. Duggau
and William n kinsler had setto with
samuel Trternyer at the afternoon ses-
sion. They admitted frankly that they
had a string Of s;oolpgeons from Harlem
to the Battery. they admitted that they
hadn't seen Schwtofsky from the Hme
he was arrested here for stealing s20.-
900 worth of Jcwelry until they met him
one night In Second avenue some years
later and locked him up AS "A vagran'.
but they stuck to II that he was the
friend and associate OF thieves. and Mr..
l'flfndHlN HIoN'h u W l'hblHb 'ioh'
Schwitofskys own letters TO Judg"
Swami
Duggan testified that when he was l
detective II was his practice to arrest on
sight any man whom ne knew for crook
and TO bring him to Police Headquarters
so that other detectives could get ac-
qualnted with him. He said his informant
told him of Schwitofsky's associates and
that the first time he caught sight of
Schwitofsky he arrested him.
rs that the way the detectives do ~
asked Judge Riley.
| We'll. that's the way did it, said
DugGan.
Then think the Police Department
needs reforming down here said Judge
Riley. ANY man who does that ought
20 be driven out OF the department
/ kinsler denied arresting Schwitofsky IN
( December. 1907. and when Mr.. untermyer
/ said that Schwltofsky declared kinsler ar
rested him. Knsler said Scientifically was
wrong. Last night Policeman Scherer ties.
I titled that he and citizen friend arrested
Schwitofsky and another man on that oc'
cason.
The testimony OF the two detectives did
not bear at all on the question OF whether
or not Schwitofsky was the man who
tried to rob Dale's home
Another setback for the applicant was
the testimony OF Detective John Talt. who
Schwitofsky has sworn. frequently mel
him on the street and told him he had
better get out Of town, in other words that
ne was one Of the police hounds"