CAPTAIN SCHMITTBERGER AND NYC POLICE DEPARTMENT

Cortland Evening Standard, Saturday, December 22, 1894.

SCHMITTBERGER.

Startling Revelations of the Tenderloin Captain.

ENTIRE SYSTEM IS ROTTEN.

Blackmail, Bribery, Extortion and Corruption Abound.

The Whole Department Run For Revenue Only—The System, With the Exception of Superintendent Byrnes and a Few Others, Rotten to the Core—The Witness Declares That Mercenary Aims Alone Actuated His Fellow Officers. Inspectors, Past and Present, Police Captains, Wardmen and Minor Officers Charged With Many Crimes—Commissioners James J. Martin and John C. Sheehan Implicated—The Officer's Official History, From Patrolman to Captain, a Continuous Tale of Shame—All Manner of Vice and Crime Protected and Systematically Taxed—Positions and Promotions Openly Purchased For Cash—The Whole Subject Handled Without Gloves by the Witness and Exposed In All Its Criminality, To Purchase His Own Immunity From Punishment.

   NEW YORK, Dec. 23.—Maximilian F. Schmittberger, captain of police and now in command of the Tenderloin district, has made a confession before the Lexow committee to the effect that the entire police system of New York city, with the exception of Superintendent Byrnes and a few others, is rotten to the core; that blackmail and bribery, extortion and corruption are common crimes in the department and that mercenary methods alone actuated his fellow officers.

   His charges implicate Inspectors Alexander S. Williams and McAvoy, ex-Inspector Steers, Police Commissioners James J. Martin and John C. Sheehan, Captains Price, Gastlin and Frederick Martens, ex-Captain John Gunner and Wardmen Dunlap, Robert Vail and James Gannon.

   The greater part of Schmittberger's testimony was against Inspectors Williams and McAvoy.

   Without question this has been the most important day in the history of the Lexow committee.

   Schmittberger's confession is prolific not only of sensations, but of evidence which confirms and verifies what have been heretofore considered the most exaggerated ideas of police and official corruption.

   It deals with more than individual cases; it shows the criminality that has pervaded the police department.

   Captain Schmittberger is under indictment for bribery. He had previously refused to testify before the senate committee. Thursday, however, he was rearrested and his bail increased. He took advantage of an offer of immunity from punishment held out to him by Counsel Goff and agreed to make a clean breast of everything.

   "I'll ask you," commenced Mr. Goff, "to go from the time you were patrolman to your services as captain. Have any of the men directly under your command ever violated any of your rules?"

   "Oh, yes."

   "And how was this brought to your attention?"

   "Through my sergeants."

   "These men practically defied you; did they not?"

   "Yes, at times."

   "Was that through political influence?"

   "Yes; a great many men under me belong to different organizations."

   "And have you any knowledge of any influence brought to bear to support these men in their stand?"

   "Yes."

   "Who was it?"

   "The Tammany Hall club, of which Commissioner Sheehan was the president."

   "Did you belong to this club?"

   "Yes; for my protection."

   "Do you know any other captains who belong to it?"

   "Devery, Price and Straus are all I know who belong to it. A great many sergeants belonged to it, but I do not know their names."

   "During your three years as patrolman in the Nineteenth, who was your captain?"

   "McCullough and Steers."

   "And you were ward detective under Steers?"

   "Yes."

   "Now, during this time, was there any understanding as to protection of fast houses and law breakers?"

   "There was a tacit understanding," the witness said, that at that time a wardman named Dunlap was his partner in this understanding.

   "Have you known of any case where a wardman was kept in a precinct on account of his political pull in spite of a captain?"

   "I don't think I do."

   "Did you ever hear of any case where a captain could not get the wardman he wanted?"

   "I believe I have heard of such a case."

   "Now, captain, you know what the Pequod club is, do you not?"

   "Oh! Yes."

   "And do you know Munzinger, the mineral water manufacturer, who is the secretary?"

   "Yes."

   "And did you ever hear that the police brought their influence to bear on saloonkeepers and made them buy this water from Munzinger by threats?"

   "Yes."

   "Did you ever do such a thing?"

   "No; I spoke to one saloonkeeper about it and afterward he began using it. I did not threaten him, though."

   "The Pequod club is made up largely of policemen, isn't it?"

   "Yes."

   The captain went on to tell what he knew of several dives in his precinct which were frequented by all the criminals of New York. He said further that no pretense of observing the excise law in these places was ever made at all and the fast women and criminals did as they pleased.

   "Would it have been possible for these places to run open and above board without special arrangement with the police?"

   "Certainly not."

   "And how were the police given instructions about these places?"

   "Through the wardman of the district. They all understood that these instructions were from the captains."

   "And what was the punishment if the officer disobeyed these orders?"

   "He was transferred to another round."

   "Do you know, captain, of any place where a policeman was instructed to co-operate with the keepers of these dives to crush out the facts about small crimes?"

   "Not personally; but it was understood that this was a fact."

   Mr. Goff asked the witness if the death of Wardman Coleman occurred while he was a patrolman in the 19th precinct. Witness said that this happened when he was away from the precinct, and he did not remember it very well.

   Mr. Goff then called the attention of the committee to the Coleman case which is an old story to the city. This is a case where a special officer was killed and no investigation made and not even an inquest was held. This happened in 1887.

   "Well, captain," Mr. Goff continued, "in your duties as a special officer, were you ever required to collect any tribute from the disorderly houses in your precinct?"

   "No, I never was. I was in the legitimate business of the precinct. Another man did the collecting."

   "You were made roundsman in 1880?"

   "Yes."

   "Did you pay anything for this promotion?"

   "No, I did not."

   "Who appointed you to this position?"

   "Commissioner Wheeler."

   "Why did he do it?"

   "Because I found a dog he had lost."

   At this there was a general laugh, but the witness was firm in the statement that this was the primary cause of his promotion.

   "You say, I believe, that the Tenderloin at that time was a gathering place for criminals. Do you know of any arrangements ever made between any burglars or robbers and the police?"

   "Well, I hardly think it went that far."

   "When you were made a roundsman did you do duty as such?"

   "No, I did not, I remained a detective with the rank of roundsman."

   "Do you remember about this time that there was a complaint made by several citizens to suppress the fast houses there?"

   "Oh, yes, there were a great many complaints. It was a fight against the French houses particularly. These women used to stand out in front of their houses and pull men in as they were passing."

   "A person could not cross the street without being insulted could they?"

   "Hardly."

   "Did you ever receive orders from any of the captains of the precincts to close any of these houses?"

   "No. Captain Williams at one time told me to try to keep the women off the street."

   "That was to suppress the business, was it?"

   "No, it was merely to keep it down a little. It was too conspicuous."

   Mr. Goff asked about the famous Clotelle and the art gallery attached thereto, which became so notorious before it was suppressed. Witness acknowledged that the dive had not been closed before because it was under police protection. Witness reviewed his services as a sergeant briefly, and came to his appointment as a captain.

   "Who appointed you captain?" Mr. Goff inquired.

   "Commissioner Voorhis."

   "And how much did you pay for your appointment?"

   "Not one red cent."

   "Do you mean to say that you did not pay anything at all for it?"

   "Yes. When I was made captain I had just passed an examination and stood the highest on the list. I did not pay anybody, and I would like to state now that I believe Judge Voorhis is perfectly honest and that the charges against him are all false."

   "Now, captain, about the time you were in command of the steamboat squad you learned, of course, that the men on the dock had to give up half their extra salaries?"

   "Yes. Wardman Vail told me of it. I told him I did not want to keep it up, and he told me that I was a d----d fool; that the men had just as soon give it up as not and I might as well get it."

   "And you finally agreed to this?"

   "Yes."

   "And Vail was your collector, I believe?"

   "Yes, for about two months, and then Gannon was appointed. I would like, now, to brand Vail as a liar for saying on this stand that I wanted all this money from the men."

   "How much did Vail collect for you each month?"

   "About $190."

   "And did you ever have to give up any of this money to any other police official?"

   "No, I did not."

   Witness went on to say that he had had a conversation with Inspector Steers, who told him that this was little money in the precinct, and he could have it all.

   "Did you ever give up any money to him?"

   "No; I did not get enough to."

   Mr, Goff led the witness to say that he did not like the precinct and was transferred at his own request to the 67th street station.

   "Well, what were the sources of your revenue there?" Mr. Goff asked.

   "Policy shops; nothing else."

   "How many were there in the precinct?"

   "About 10 of them."

   "And how much did you get from each of these shops?"

   "Twenty dollars each. The Bohemian Dealers association paid me about $80 a month "

   "And how much of this did you get?"

   "Eighty per cent."

   "Well, captain, in your collections in that district, were you ever called upon to divide with anybody at all, any police officials?"

   "I was."

   "Who was it?"

   "Inspector Williams."

   The audience was thrown into a commotion and it was some time before Mr. Goff could continue.

   "How much did you pay him each month?"

   "Fifty dollars."

   "And where did you pay this money to him?"

   "In his office in police headquarters in person I gave it to him in an envelope."

   "And what was said the first time the money was given to him?"

   "Nothing at all. I simply passed it over."

   "Did you at any time pay him more than this?"

   "I paid him $100 one month."

   "And why did you have to pay this money to him?"

   "Because I had promised to 'shops' protection, and unless this was given to Williams he would have raided them over my head and I would have lost it."

   "Did you ever at any time pay any money to any other police official?"

   "No, I never did."

   "During the time you were in command in the Twenty-fifth precinct did you make reports to police headquarters?"

   "Yes."

   "And did you report these?"

   "I did not."

   "Were these policy shops ever raided?"

   "No, sir."

   "Did Williams know of the existence of these places in any way except from the money you paid him?"

   "That I could not say."

   Captain Schmittberger then went on to say that Inspector Williams had never mentioned policy shops to him, but frequently told him to enforce the excise law."

   "Did you do so?"

   "Not very closely."

   The fact was then developed that Schmittberger had been transferred in the general shakeup from the Twenty-fifth to the Twenty-seventh precinct.

   "Were there any policy shops there?" Mr. Goff asked, "And how much did your collections here amount to?"

   "About $800."

   "How many policy shops were in the precinct?"

   "About 10, I think."

   "Were there any poolrooms?"

   "There were three."

   "How much did you collect from these poolrooms?"

   "$200 each per month."

   "And did you collect anything from the liquor dealers?"

   "No I did not and did not want to get tangled up with them."

   "Wasn't this about the time that the liquor dealers made their peace with the police through Tammany Hall?"

   "Yes."

   "And it was commonly understood in the department that the liquor dealers paid to Tammany Hall rather than to the police?"

   "Yes."

   "And during the time you collected this money did you ever divide with anybody else?"

   "I gave Cannon, my collector, 20 per cent and Inspector Williams $200 per month."

   "And what was said to him at the time you gave him tins money?"

   "I would simply say, 'Here is something for you,' that was all."

   At this point the evidence turned on the duty of Inspector Williams and Mr. Goff went on to show that the inspector was really responsible for the captain's failure to perform his duty.

   "In view of all these facts, you knew it was his duty to prefer charges against you?"

   "Certainly."

   "And you paid this money to keep him from preferring such charges?"

   "Certainly."

   "And were any charges ever made by him against you?"

   "Never."

   The captain stated further that Williams must have known of the existence of the poolrooms in his precinct because he had detectives there for the purpose.

   "Were there any disorderly houses in your precinct"

   "Not that I know of."

   "And you were nine months in that precinct, I believe?"

   "Yes."

   "And during that time you paid Williams about $1,800?"

   "Yes."

   "Have you any knowledge about any other captain who paid money to Williams?"

   "No, I have not, but it was the custom of all the captains to pay this money."

   "You were then transferred to the Fifth precinct?"

   "Yes, Leonard street."

   "And what collections were made in that precinct?"

   "I collected from two poolrooms there."

   "How much did you collect from the two poolrooms?"

   "$200 each."

   "And was there any other source of revenue there?"

   "No."

   "And while you were in that precinct did you pay any money to anyone?"

   "Yes."

   "Who was it?"

   "Inspector McAvoy."

    There was considerable sensation at this point, and Senator Lexow had some trouble in quieting the spectators.

   "How much did you pay him?"

   "$50 each month."

   "And how was this given to him?"

   "I called on him at his office at headquarters and laid the envelope on his desk."

   "And now, captain, did you not divide with McAvoy for the same reason that you did with Williams?"

   "Yes."

   "It was to bribe him to allow you to continue this collection so that the poolrooms could receive your protection, was it not?"

   "Yes."

   Captain Schmittberger was then transsferred to the Charles street station.

   "And did you make any collections there?"

   "Not one cent."

   From Charles street the captain was transferred to the Forty-seventh street station, which he liked better than the Charles street.

   "What collections did you make in the Forty-seventh street station?"

   "There were some policy shops and disorderly houses," was the reply.

   "How much money did you collect there each month?"

   "Between $500 and 600."

   "How much did you collect from the fast houses?"

   "From $10 to 50 each."

   "Well, captain, were there any special directions given you about protecting any disorderly houses in that precinct?"

   "Yes I went to see Commissioner Martin and he told me to let the houses on Forty-sixth street go for the present."

   "Did he mention any other houses?"

   "Yes. It was 234 West Fifty-first street. I sent one of my men there to investigate once and afterwards the owner made a complaint to Commissioner Martin and he sent for me. He told me then that I would have to send the same man back to apologize."

   "Did you do it?"

   "I had to do it. The next day my man had to go and apologize."

    There was a fresh burst of laughter and excitement at this point, and Mr. Goff paused for several minutes before continuing.

   "Now your collections in that precinct were about $600, I believe?"

   "Yes."

   "Were there any houses that received protection without paying for it?"

   "Yes."

   "What were they?"

   "I once received a letter of introduction from Commissioner Sheehan introducing a man named Proctor and telling me that I could do what Proctor asked. Proctor then told me that he was a partner with Maynard, a storekeeper on Broadway, and that Maynard wanted to open a gambling house. I told him that I would not let him do so until I saw Superintendent Byrnes. I then saw the superintendent and told him the whole story and he told me not to allow the house to open."

   The witness stated that after this he saw Sheehan about it and Sheehan grew angry and said that if Maynard could not play, Daly could not play."

   "What Daly is that?"

   "John Daly. The commissioner at the time said that he had a place in Fifty-ninth street, but it was not so."

   "Did you pay any part of your collections in this precinct to any police officials?"

   "Yes."

   "Who was it?"

   "Inspector McAvoy."

   "How much did you pay him?"

    "About $150 a month."

   "Did he ever mention the matter to you at all?"

   "Yes. Once he said he would not like to accept money from disorderly houses. I told him that the money was not from these houses at all, and nothing more was said about it."

   "Did he have any scruples about taking money from these people?"

   "He was a very religious man, and I suppose he did."

   There was a universal smile, and as Mr. Golf asked, "For this reason you told him it was not, did you not?" the smile ripened into a laugh.

   The witness answered in the affirmative and Mr. Goff continued.

   "You paid this money as a bribe so you would not be called upon to enforce the law, did you not?"

   "That was my purpose."

   Mr. Goff then turned his attention to the Tenderloin.

   "This is considered the best precinct in the city I suppose?" he began.

   "Well, there is a mistake about it somewhere."

   "Its glories have faded, eh?"

   "Somewhat."

   "Well, were your collections there large or small?"

   "They were very little."

   "Now another question about the Forty- seventh street station before I forget it," said Mr. Goff. "Do you know Georgiana Hastings?"

   "I know of her."

   "How was it she paid no protection money?"

   "She was exempt for some reason."

   "Why was she exempt?"

   "Because I got a hint that if I did not keep my hands off her I would get my fingers burned."

   "And you did so?"

   "Yes."

   Mr. Goff then went on to explain to the committee that the true reason she had never been molested was because several judges in New York were in the habit of visiting her house and had thrown the mantle of their protection around her. He further stated that the names of these judges were in his possession, but that he would not use them unless forced to do so.

   "What about Lillie Clifton's immunity from this blackmail?" asked Mr. Goff.

   "I did not interfere with her at Captain Devery's request."

   "Did he give you any reason for this request?"

   "It was her testimony in the Gardner case."

   "Now, captain, did you ever give one cent to any police official besides those you have named here?"

   "Yes, I paid Commissioner Martin $100 last year and $100 to Commissioner Sheehan previously. It was a political contribution, however, and given voluntarily because they were leaders in the district I was in. It was once intimated to me that it was advisable for me to do so. I gave the money direct to them."

   Schmittberger then said that he knew that Captain Martens had paid money for his promotion as roundsman, because the money had passed through his hands.

   "Did he pay any more money when he was made a sergeant?"

   "Yes. He asked me about it and I asked Williams what that would cost. He said it would be $1,600. Martens gave me this money and I gave it to Williams. He was not promoted at once though."

   "How long before he was promoted?"

   "It was about two months, and Martens was getting uneasy about his money. He came to me about it and I went to see Williams at his home. Williams put on his hat and coat and went down to police headquarters and the same day Martens was made a sergeant."

   "Do you know of any other case?"

   "I have heard that Martens paid $14,000 for his appointment at captain."

   "Do you know who held that money?"

   "I have heard that it was Charley Grant."

   The witness said that it was common talk in the police department that anyone could get on the force by the payment of $800."

   "Now, captain, have you told everything you know about this matter, without reserving anything?"

   "I have. I have made a clean breast of the whole matter so far as I know it. I feel that the pillars of the church are falling, and in justice to my wife and children I have told everything."

   "By the pillars of the church you mean the whole structure of the police department, I suppose?" inquired Mr. Goff.

   "Yes, and it is all the result of money and politics. I think the department is rotten to the core, and I acknowledge the part I have played in it."

   "Do you think that this rottenness pervades the whole department?"

   "With one exception, and that is Superintendent Byrnes. I want to say that I think he is an honest man and means to do right, and if he was not hampered he could run things properly."

   Mr. Goff then told the witness that he might want to ask him a few more questions in the department and to hold himself in readiness to respond to a call, and then the greatest witness the Lexow committee has ever had stepped down from the chair.

   "We fondly hoped," said Mr. Goff, "to complete our labors by this evening, but we cannot judge the time each witness will take, and consequently we find that we still have a great number of witnesses to examine and most of them are very important. In view of this fact, it is absolutely necessary that the committee should continue on next week."

   An adjournment until next Wednesday morning was taken.

The Candy Kitchen.

   To those who have had experience in picking out nut meats the window at the Candy Kitchen is unusually attractive.  Messrs. Rood & Co. have pound after pound of English Walnut, Pecan, Filbert, Brazil nut, Black Walnut, Almonds and Peanut meats which are shelled and it is wonderful how whole they are taken from the shell. But the most wonderful part is that you get more nut meats for the same amount of money than if they were purchased in the shell.

   The other window is an attraction also, as it is very tastefully arranged with sweet Florida oranges, tangerines, grapes, grape fruit and bananas as fine as can be found in the market.

   But when one enters the store they are surprised to see the endless variety of candies. They simply have everything from candy to please the children, to fresh home-made candies and Wallace &Co.'s candy in packages from one-half pound to five pounds that would please the most perfect candy critic.

   They inform us that they are never out of "delicious" ice cream from which they have made a most enviable reputation.

   To sum up all if you want some fine delicacies the Candy Kitchen has everything in their [store] that would please the most particular and you will always find it neat, clean and wholesome.

HOMER DEPARTMENT.

Gleanings of News From Our Twin Village.

   Mr. and Mrs. J. J. Murray gave a large reception at Brockway hall last evening for which about two hundred invitations were issued. The occasion was the most brilliant, socially of the season and it was a very fitting one with which to conclude the year. The hall was very artistically trimmed by Hopkins of Cortland. Palms and large jardinieres of chrysanthemums and Easter lilies completely enclosed the platform on the west side of the room. Behind this floral barricade were seated Kapp's orchestra of Syracuse who furnished the music for dancing. The chandeliers and door casings were draped with smilax. The ladies' dressingroom and gentlemen's smokingroom were on the floor below the ballroom, the cloakroom up stairs being used for a gentlemen's dressingroom.

   At about 9 o'clock the guests began to arrive and were received by the host and hostess, who stood near the entrance from the hall. Mrs. Murray was attired in an elegant gown of green satin with silk waist of green and white and pearl trimming. She wore diamond ornaments. The guests soon filled the spacious hall and enjoyed the dancing and the delightful music until a late hour. At midnight the diningroom was opened and the guests partook of a delicious supper served by Roesch of Syracuse.

   Among the guests were Supervisor and Mrs. W. H. Crane, Mr. and Mrs. A. H. Bennett, Mr. and Mrs. C. A. Collins, Mr. and Mrs. G. A. Brockway, Mr. and Mrs. Byron Maxon, Mr. and Mrs. P. C. Kingsbury, Mr. and Mrs. P. F. Smith, Mr. and Mrs. Phillip Zimmer, Mr. and Mrs. C. H. Stevens, Mr. and Mrs. O. B. Andrews, Mr. and Mrs. R. C. Merrill, Dr. and Mrs. Geo. D. Bradford, Dr. and Mrs. F. H. Green, Mr. and Mrs. F. E. Williams, Dr. and Mrs. F. R. Thompson, Mr. and Mrs. A. C. Schermerhorn, Mr. and Mrs C. L. Goodale, Mrs. Straat, Mrs. A. Stone, Mrs. Porter, Mrs. F. Maxon, Miss Belden, Miss Brockway, Miss Pierce, Miss Kingsbury, Miss Furguson, Miss Brown, Miss Tift, Miss Pomeroy and Messrs. Pomeroy, Bennett, Merrill, Newton, Atwater. Fenno, Stone and Tuthill.

   Those from out of town were Mr. and Mrs. C. F. Wickwire, Mr. and Mrs. Theo. H. Wickwire, Mrs. A. F. Stillson, Mr. and Mrs. David W. Van Hoesen, Mr. and Mrs. H. L. Smith, Miss Helen Shay, Miss Belle Fitzgerald, and Miss Celia Hinman of Cortland and Dr. and Mrs. D. W. Burdick and Dr. Sears of Syracuse.

   While all of the ladies were very handsomely attired some of the particular costumes were as follows: Mrs. George Brockway in pink silk with black velvet and white lace trimming and diamonds, Miss Pierce wore a handsome gown of pink satin. Mrs. Theo. H. Wickwire of Cortland pink brocade satin and diamonds, Miss Van Hoesen in white silk with pearl trimming and diamonds, Mrs. A. C. Schermerhorn, fawn colored silk, Mrs. N. H. Waters, pink silk and velvet, Miss Tift, green silk with white lace trimming, Miss Fitzgerald of Cortland in yellow crepon and black chiffon and Mrs. Florence Maxon in black silk with steel trimming.

JOSEPH RODBOURN DEAD.

One of the Original Builders of the U. I. & E. R. R.

   Joseph Rodbourn died at his home at Breesport, N. Y., at 10 o'clock this morning. Mr. Rodbourn was one of the original builders of the Utica, Ithaca and Elmira R. R., now the Elmira, Cortland and Northern R. R. He was a heavy operator in lumber and was one of the most enterprising and progressive men of his time. He has been unable to leave his home for any distance for the past three years on account of a nervous affliction brought on by over exertion and aggravated by two severe attacks of the grip.

BREVITIES.

   —All the trains last night and this morning were crowded with Normal students leaving for their Holiday vacation.

   —A good Christmas present for a young man or boy would be a membership ticket in the Young Men's Christian association. Fathers, mothers, friends, think of this.

   —Special music will be presented at the services at Grace Episcopal and St. Mary's Catholic churches on Christmas morning. The full programs will be given Monday.

   —William H. Southworth, formerly of Cortland but now of Sackett's Harbor, and Miss Lucy Shield of Middletown were recently married at Watertown by Rev. Harman of that city.

   —Rev. M. S. Rees, the evangelist, will deliver an address on Sunday, Dec. 23, at 3 o'clock, upon the subject, "Modern Sodom, its Streets, Avenues, Inhabitants, etc." The address will be at the First M. E. church. All men invited. Excellent music will be furnished.

   —As Mr. G. W. Davenport came out of his house at 38 Lincoln-ave. this morning he found a dagger lying on the walk in front of the house. He picked it up and has it in his possession. It is a question in his mind how it came there and for what use it was intended.