The New York Times/1894/10/12/Paid $500 To Schmittberger

Paid $500 To Schmittberger

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Forget Says This Tribute Went to Police Captain.

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The Agent of the French Line Tells the Lexow Committee of the Money Transaction. Complete Exposure of the Policy Business in This City. A List of 600 Places Where the Gambling Was Conducted. Only One Precinct Free from the Evil.

All doubt as to whether Police Captain Schmittberger, while in command of the steamboat squad, received $500 from the French Line Steamship Company was dispelled yesterday by Augustin F. Forget, the company's agent, who, after thinking the matter over for two days, frankly told the Lexow committee that he himself paid the money to Capt. Schmittberger in the presence of a ward man, and, furthermore. that the money was paid to the Captain in response to a request for it. Mr. Forget also acknowledged that appeals had been made to him to save Capt. Schmittberger from disgrace. Gustav A. Wolfe, a friend of both Mr. Forget and Capt. Schmittberger, told of a personal appeal the Captain had made to him to auk Mr. Forget to shield him if called upon by the Lexow committee to tell about the money transaction, Policeman Reilly of the steamboat squad declared that Capt. Schmittberger demanded all of the extra money he received from the Cunard Steamship Company for watching its dock, and that he was transferred to the East River because he refused to comply with the demand. Reilly said it was a custom to divide with the Captain, and that he had always given half of his perquisites to Capt. Gastlini when he was in command of the steamboat squad. In addition to the testimony affecting Capt. Schmittberger, a complete exposure of the policy business was made by Lawrence Carney, who gave the committee list of over 800 policy shops in this city. He told how the drawings are made in Covington, Kentucky, and how the winning numbers are sent in cipher by telegraph to a man known as "P. J. Conlon," in Jersey City, who transmits them to the various backers here and in Brooklyn. "Conlon" is the only man in this vicinity who understands the policy cipher and he controls the territory to Albany. Another man in Albany, controls the agency, for the rest of the State.

Protection to Policy Shops.

Carney corroborated the testimony of Vincent Majewski, given the previous day, as to the impossibility of opening a policy shop is this city without the sanction of the police, and said that Capts. Slavin, O'Connor, Siebert, and Martens, as well as every other Police Captain, receives money, from the backers for permission to run policy shops in the various precincts. The behavior of Policeman Callahan of the Leonard Street station on September 29, while drunk, and the efforts of his friends to shield him, were described by Seth B. Robinson, a lawyer. The naturalization question was also touched upon. It was shown that certain Judges rely on clerks for information respecting the fitness of would-be citizens, and that many applicants are illegally rejected. An important fact brought out during the hearing yesterday afternoon was that persons who wish to let their stores for polling booths on election day have beep compelled to pay about $15 each to the Police Captains. The revenue thus derived by the Captains each year has averaged $11,000. Augustin F. Forget, the agent of the French Steamship Line, whose memory on Tuesday regarding the disposition of $500 for "wharf surveillance had proved so defective, was the first witness of the day.

• "Since your examination on Tuesday, Mr. Forget," asked Mr. Goff, "have you looked over your memoranda and notes relating to the item of $500, which was the subject of our inquiry?"
  
• "Yes, Sir."
  
• "And have you made inquiries concerning it?"
• "You have testified that your cashier ran away and left the bootie of the company in a muddled condition?"
• "Yes, Sir"
• "And from your own examination of the books and inquiries you have been able to get definite information as to the meaning of that item of $500?"
• "What became of the $500?"
  

Money Paid to Schmittberger.

"The money was paid to Capt. Schmittberger." Mr. Forger's hesitancy had entirely disappeared, and he spoke quite loudly.

• Q. (By Mr. Goff) Do you remember how the money came to be paid to Capt. Schmittberger? A. — A man who said was from the Captain came

to see me and said that I had ceased to pay the $10 a week to Policeman De Gann, who had been removed from our pier, I might contribute the money direct to the Captain. This was in December 1890.

• Q. — The company had discontinued the payment of the $10 a week after De Gann's removal? A. — Yes.
• Q. — What did you say? A. — I told him I would consider the matter a fortnight, and on December 31, the date of the entry of the item of $500, Capt. Schmittberger and the same man came to the office and asked me if fi I had decided to give a yearly allowance. I figured that there were fifty-two weeks in the year. but that two weeks should be deducted, leaving fifty weeks at $10 per week, or $500, and I gave the money to him. I think I gave the money in bills to Capt. Schmittberger himself. Both men were in civilian's dress. I do not know the second man's name, but I could identify him. That was the last saw of them.
• Q. — Your sympathies have been touched by appeals to you to save the Captain and his family from disgrace? A. — Yes.
• Q. — But you now recognize it as a public duty that you should come here and tell all the facts In the case? A. —
• Q. — And you also recognize that it is for the interest of the company to be on good terms with the police? A. — At that time, yes.
• Q. — And you recognize the fact that this committee does not want to embarrass you or your company, but simply wants to get at the facts? A. — Yes, Sir.
  

Policeman Matthew C. Reilly of the steamboat squad, who wears five stripes on his sleeves, was next called. He said he had served twenty-six years on the force, but had never received promotion. He declared he was a poor man. Mr. Goff questioned him as to whether it was necessary to pay cash for promotion in the Police Department, and Reilly said he had heard rumors to that effect. He knew that political influence was an important factor in obtaining promotion and desirable beats, and that young men were promoted over the head of others who had served longer terms.

Shared with the Captains.

The policeman testified that he had been for fifteen years connected with the steamboat squad, and for five years had been detailed for duty at the Cunard Line dock. While there he frequently served overtime and rendered assistance to the company, for which he received $10 a week from the line.

• Q. (By Mr. Goff) — Were you obliged to give up a part of that $10? A. — Yes, Sir.
• Q. — To whom? A. — The ward man.
• Q. — Was that customary? A. — Yes, Sir.
• Q. — For how many years has it been customary? A. — For as long as I can remember. It was the custom when I first went on duty on the steamboat squad.
• Q. — What Captain inaugurated it? A. — I don't know. But Capts. Gastlin and Schmittberger enforced the rule.
• Q. — How did you pay it? A. — I paid it once a month to the ward man.
• Q. — Was there any demand after Schmittberger took charge of the squad for more than half of the $10? A. — Yes. Ward Man Vail came to me and demanded more.
• Q — What did he say? A. — He said Schmittberger wanted everything. I said I wouldn't give all to him or to any other man, and Vail walked away.
• Q — Was there any suggestion of trouble? A.— No. I knew myself there would be trouble.
• Q — What followed? A. — I was changed. Capt. Schmittberger sent for me and De Gann. We both appeared before him the same morning. I was sent to the upper end of the East River, and two months later was transferred to the lower end. All the docks on my new posts were open decks. The North River docks are considered better posts because they are covered, and afford shelter for policemen in stormy weather.
• Q — Where are you on duty now? A. — On open docks.

"You have been on duty twenty-five years," asked Senator Pounds, "and never received promotion?" No. Sir," said Reilly. "Is it understood," asked Senator Lexow, that, in order to get a pleasanter place, a policeman must pay a consideration?" I don't know about that." "Your record is clear?" asked Senator Bradley. Yes, Sir." "You ought to have been promoted before now," said the Senator.

Would Avoid the Disgrace.

Gustav A. Wolfe, manager for Maillard's factory, 116 West Twenty-fifth Street, said he was well acquainted with Mr. Forget, having known him ever since his arrival in this country. Knowing this, Capt. Schmittberger had asked him to go to Mr. Forget and ask him to do all he could to spare him from public exposure before the Lexow committee. Capt. Schmittberger," said the witness, "called to see me at my private office, and said that he feared his official misconduct would be exposed. Mr. Forget was then in Europe, and Capt. Schmittberger asked me if I would not find out for him when he was expected back. I learned that he would arrive on the Touraine, and also that Mr. Maillard would be a passenger by the same steamer. I told Capt. Schmittberger, and he asked me if I would not see Mr. Forget as soon as he arrived and inform him that he wanted to see him immediately. I told Mr. Forget, and he said: "Well, the Captain knows where to find me at any time." "I gave the Captain Mr. Forget's answer, and there my mission ended." Mr. Goff asked Mr. Wolfe about a conversation he had with Mr. Forget on October 3, at the Hotel Martin. The witness said: I met Mr. Forget at the hotel, and, in course of conversation, I said to him: It looks bad for our friend Capt. Schmittberger, and regret it. If you can put in a good word for him, I wish you would.' That was all that I said to Mr. Forget about Capt. Schmittberger. Mr. Forget came to the factory yesterday to see me, but I was absent. I have known Schmittberger since he was a detective, twenty years ago." Mr. Goff was anxious to know if it was not necessary for Mr. Maillard to pay tribute to the police, but Mr. Wolfe said, emphatically, that, as long as he had been connected with the establishment, no money whatever was ever paid to the police. He admitted, though, that policemen frequently asked for boxes of candies and were never refused, and that such presents were made to them simply and only because they were policemen. Police Sergeants sometimes. he also admitted, sent for confections and were never refused. It was customary at Christmas to send a present of a box of candy to the Captain, but not more than fifteen pounds of candy a year was given to the police.

Says the Policeman Was Drunk.

Seth B. Robinson, a lawyer, of 49 Liberty Street, described the condition of Policeman Callahan of the Leonard Street Station on Sept. 20. He said: 1 was riding down town in a Sixth Avenue elevated railroad car when Policeman Callahan boarded it at Twenty-eighth Street. He was so drunk he could not put a paper in his pocket. I got off at Twenty-third Street and he followed. He stumbled down the first half of the stairway and then slipped and rolled head over heels down the steps and into the gutter. A man helped him into the basement of Alexander's trunk store at the corner. I called the attention of Roundsman O'Neill to the matter, and he at first refused to interfere. He walked with me to the basement stairs, and a man inside denied that Callahan was there. A few minutes later another policeman in full uniform walked out of the store and O'Neill tried to make me believe he was Callahan. I insisted that he was not Callahan, and ordered O'Neill to go down stairs and look for him. He returned saying he could not find any policeman there. He went in again and reported that he could not find any one. I then went down stairs with O'Neill, and tucked away behind a trunk we found Callahan. O'Neill tried to get him out, and he fell on the floor. I insisted that Callahan should be arrested, and O'Neill called another policeman, and they took Callahan to the station house. Then a Police Surgeon was sent for to examine Callahan and see whether he was drunk. A police doctor came, and he told me that Callahan had been drinking and was not fit for duty. but he reported that Callahan was sober and fit for duty. On his report Callahan was discharged by the Sergeant and returned to duty. Mr. Goff announced that the Police Surgeon's name was Dr. Cook. Leon Buch of 117 Canal Street proved an unreliable witness, though at first his testimony was somewhat sensational. He said he was afraid to testify, but was assured that no harm would come to him. He testified that his uncle, named Rosen, sent him with a ticket for the Max Hochstein Association's annual chowder party to Hochstein with a message that he could not afford to buy it. It cost $1 or $5.

• Q. (By Mr. Goff) — What did Hochstein say? A. — I must refuse to answer, because I am employed in the Finance Department of this city — in the Controller's department — and it will harm
• Q. (By Senator Lexow) — Do you mean to say that politicians will harm you? A. Yes, because it was through political influence that I got the position.
• Q. Do you mean this committee to understand that if you give testimony here against Hochstein your occupation will be at an end? A. — I mean that not only will my occupation. be at an end, but I will not be sure of my life in the district where I live.
• Q. — Who is President of the Hochstein Association? A. - The Hon. Timothy D. Sullivan.
• Q. (By Senator Lexow) — Is your fear shared by other persons employed in city departments? A. — Well, I've been discharged before from the Post Office on account of political influence. I think the general feeling among the clerks is that if they testify here they will be discharged. It is the feeling in both Federal and city offices, and may as well say good-bye to my position now.
• Q. (By Mr. Goff) — How do you know that? I have been already notified by Controller Fitchly letter that my services were not wanted after gave testimony to Pfeffer two months ago. Buch ruined whatever effect his evidence might have had by saying that he was employed in the Finance Department only one week and four days, and that the real reason assigned for his discharge was incompetence. He admitted that he there now, and when Senator Lexow asked him why he had deceived the committee, Buch pleaded that his "mistake" was all due to nervousness. He said he meant that his testimony would prevent him from getting a position he expected in a city department. He was promptly dropped. was not Mr.

Reject Would-Be Citizens.

Mr. Goff next examined Joseph H. Brown, Clerk of the Court of Common Pleas and Chief of the Naturalization Bureau. Brown said sixty-three citizens were naturalized on Wednesday and sixty-two on Tuesday, and that number was the average in his court. For naturalization certificates, a regulation statutory fee of 50 cents is charged, and 20 cents for declaration papers.

• Q. (By Mr. Goff) — are not contracts made with political organizations for the payment of naturalization fees for members of the organizations? A. — Political organizations send checks early in the season, usually in June or July, to cover the fees for naturalization of citizens. The checks are deposited with the bureau. Such checks are deposited by Tammany Hall, the Republican organization, and the German-American Union. It has always been the custom. Each organization sends tickets with persons entitled to them, as vouchers, and they are charged up against the checks of the respective organizations. When the checks are exhausted, another is sent, if a balance remains it is returned to the organization. I don't know how much the Republicans send for this purpose, but I think the German-American Union sends $100 and Tammany $50. Out of a total of sixty-three naturalized yesterday, thirty-one held tickets representing the three organizations. or It was brought out by Mr. Brown's testimony that, while he and his associate clerks have no legal right to do so, they frequently reject applicants for naturalization, and that, consequently, many persons who may be entitled to citizenship are deprived of the right. If they reject an applicant, he cannot appeal. His only redress is to go to some other court. Mr. Goff said that it was improper that a person having no proper authority should thus exercise judicial functions. After recess. Thomas Boese, who has been Clerk of the Superior Court for twenty-four years, and during that time has had charge of the Naturalization Bureau of that court, was examined by Mr. Goff. He read from the records, showing that during the month of July there were 291 naturalizations, in August 375, and in September 571. From July 1 to October 10, this year, 2,230 persons were naturalized. During the first ten days in October, 1893, there were 350 certificates of naturalization issued. This year, for the first nine days of October, 983 certificates were granted.

Checks to Pay the Fees.

"The majority of those naturalized pay for themselves," said Mr. Boese, "and the large increase in the number naturalized is due in a great measure to the law passed by the Legislature last Winter requiring every person employed on public works to be a citizen."

• Q. How about political organizations depositing checks in advance for the payment of the fees? A. — That system has been in vogue for years, as the clerks are not allowed to issue certificates unless the fees are paid. The clerks do not issue the certificates until after the applicant has been questioned and approved by the Judge.
• Q — Are there not frauds committed in the applications for naturalization? A. — I cannot say absolutely about that. We try not to issue certificates in cases where there is any doubt.
• Q. (By Senator Lexow) — Did you not refuse naturalization to a man because he was Anarchist? A. — Oh! that was the case of Herr Most. The night before he made his application he had made a speech in which he said that he had no regard for the Constitution and that he would do all he could against it, and when he applied for naturalization. I refused to administer the oath to him and told him to go before the court, but he didn't go.
• Q — In your judgment, is there enough time given to verify the statements made in the applications for naturalization? A. — There is not. I I think that one of the great evils in the system is that both political parties, during October, send out into the slums and get some of the worst persons in the city to be naturalized. will say, however, that this year the class of men who present themselves is better than for years past, and this has been the result chiefly in the question of public employment. I am glad to say that the system of professional witnesses has been done away with. Lawrence Carney, a "policy "writer, now out of business, was the star" witness of the afternoon session. In a prompt way he h gave an exposition of the lottery in this city, and told how it is protected by the police. He said for the last five years he had been engaged in the policy business chiefly as a writer" and confidential man for the backers of the game.
• Q. — Were you a backer? A. No; I never got so high.
• Q. — Will you tell the committee how the policy business is conducted? A. In the first place, there are two drawings — one at Covington and the other at Frankfort, Kentucky, where they are legalized. The numbers drawn are telegraphed in cipher to a man known at Peter J. Conlan, in Jersey City. Nobody knows this man's right name, and nobody but Conlan in this part of the State can decipher the telegram. The numbers are sent by him to the three big backers in this city, and by them sent to the policy shops. The drawings are at 1 P.M. and 6 P.M. each day.

• Q. — I show you a telegram which reads as follows: "Window, deer, honest lattice, bucket schooner, emptiness, welcome consent, bank, past, fortune." What do these words mean? A. — They stand for numbers drawn in the lotteries. I can't tell what numbers they mean, for the numbers are changed every day. The numbers are sent over the telephone, and to prevent fraud or mistake, the numbers are printed on a slip, a copy of which is sent by a "runner" to every policy shop in the city, and no money is paid out until this official list is received. This man Conlan has charge of this city, Brooklyn, and all the State up to Albany, and at Albany there is another man who has charge of Albany, Troy, Syracuse, and all the territory to Buffalo.
• Q — Who are the principal policy backers in this city? A. Al Adams, "Jake" Shipsey, Cornelius D. Parker, Billy Myers, "Ed" Hogan, Charles Lindauer, "Dick" Gannon, Billy Morton, and a man named Murray. I think there are about fourteen or fifteen, perhaps, altogether.
• Q. — Why did you name Al Adams first? A. — Because he backs more shops than any one else. Jake Shipsey is also a big backer. All the big plays are put off on him.

'People Who Play Policy.

• Q. — Who are the chief patrons of these places? A. All classes of people. It depends upon the locality. The downtown shops are resorted to by brokers and merchants. On the east side the Hebrews are the principal players. On the west, in sections, are the negroes, and when you get up into Little Italy, you have Italians for customers. Every man plays according to his means. You can invest from a penny up to $100. Women play, and policy slips are sold to children. I have seen women in these places with children in their arms and children coming from school with their books under their arms buying policy slips. There was one place in the precinct commanded by Capt. Siebert where we had a policeman to watch the door for us. Senator Bradley — So the children wouldn't get hurt, I suppose? Witness — I don't know about that; he was protecting us.
• Q. — How was the business divided up? A. — All the big backers had a district except Parker. He was out of the combination and was "bucking" against the others. Gannon had South and Broad and West Streets and the lower end of the city. Lindauer, who was a small-fry backer, had a portion of the lower east side. Billy Myers had all the Hebrew district on the east side as far as Sixth Street. Parker had to fight for a section of the city on the east side above Fourteenth Street. Al Adams had all the west side from Fourteenth Street up, and Hogan and Murray controlled most of the Harlem district.
• Q. How could these men protect their districts from outsiders? A. By fixing the Captains of the precincts, who would keep all others out. I remember when Billy Myers wanted me to open a place in East Twenty-ninth Street, Capt. Martens of the Twenty-first Precinct wouldn't allow it because there was another place there and he said Myers must not take bread out of this man's mouth. Then Myers wanted me to open a place in Seventeenth Street between Seventh and Eighth Avenues, and he went to see Al Adams, and Adams fixed the Captain all right.
• Q. — Do you know whether or not these backers paid money to the police? A. — Why, certainly. They could not help themselves. You would not be allowed to do business unless you paid.
• Q. — Is there a specific amount paid? A. — I don't know that exactly, but I remember when the Parkhurst men were active Capt. Martens told Richard Dore, who was a middleman for one of the backers, to shut up two places, and Dore said the reason was that he had not paid the Captain. "I am just $70 in this month," said Dore, and that's the reason he was told to
• Q. — Have the police knowledge of all the policy shops in this city? A. — They can't help knowing. No shop is allowed to be opened unless by permission of the Captain of the precinct. Why, policemen play policy to a large extent. There's one policeman who owes $17.10 for plays made in a place I kept. I had to trust him, and he shut up, never paid.

Carney Tells About the Game.

Senator Bradley - You give me his bill and I'll collect it. Witness I'll give you half if you do. Policeman are good players, but not good payers.

• Q — Tell the committee something about the game. A. — Well, in the first place, there are numbers from 1 to 78 in the drawing. A "saddle" consists of two numbers, and if they come out in the drawing it pays $1 for 6 cents. A "gig" consists of three numbers, for instance, 7-20-6.
• Q. — What is the "police" gig? A. — That is 7-13-20.
• Q. — Why is it called so? A. Because so many policemen play it. If anything happens to a policeman, if he is dismissed, if he is found drunk, or something of that kind, lots of people rush to the shop and play the "police gig."
• Q. — Then if a policeman were to run up against a cable car and get the worst of the collision, there would be a rush to play the "police gig? A. Yes, and if they could get the policeman's number and the number of the car, they would make a combination and play that.
• Q. — Haven't dreams got something to do with the selection of the numbers? A. — Oh! yes, there are three dream books, "Aunt Sally's", "Three Witches," and "The Complete Dream Book." Now, for instance, if a man dreamed that he was riding horseback, he would of three numbers played in both lotteries, the State and the Kentucky. You can take three numbers and make one gig out of them; four numbers four gigs," and the five numbers make ten gigs." It's just like the numbers on combination lock of a safe. You can make many combinations. When the first car was run on the Third Avenue cable road, the number of the car was played in nearly every shop in town.
• Q. — We had a policeman here the other day whose name we do not know, but who was No. 35. We got his number from his broken club. I see that number on a lottery slip which I now hold, and which was bought on the same day. A. — Well, well, that's funny. That number was played in the Kentucky lottery that evening. It was played second, and that stands for the second part of the policeman's club.
• Q. — Have you had the Lexow gig" yet? A. — Not that I remember, but we have had the "McKane gig." which was played on the day John McKane reached Sing Sing. It was made up of his age and 9-18, which were the numbers of his cell and the tier on which it was situated. It came out a few days after he was sent up.
• Q. Do you remember any other special "gig"? A. Yes, there was 16-20-28, which was played by a Brooklyn liquor dealer and his wife on the same day. At that time shops were accepting sealed plays, so they could not tell what numbers were played or for what amount. When the Rielly envelopes were opened it was found that Rielly had won $15,000 and his wife $10,000. After that no more sealed plays were taken. Rielly, keeps a big saloon in Brooklyn. Senator Bradley - We are not all countrymen over there.

The Policemen Give Warning.

Carney proceeded at great length to explain the intricacies of the policy business, with which he appeared to be thoroughly familiar. He said that he had never been interfered with or arrested by the police in this city. Many policy men, he said, had been arrested from time to time, but never by the ward men. Anthony Comstock's men had made many arrests, and so had some of Dr. Parkhurst's men. When a complaint was made to Police Headquarters against any place, the Captain would send a warning by the ward man, and then a policeman in plain clothes would be sent to see if he could get into the place, for it was argued that if he could gain an entrance, the Central Office men could get in also. Between Parkhurst and the Lexow committee and the newspapers, the witness said, the number of policy shops has been decreased 50 per cent. The witness, in speaking of arrests, said: "I never knew of but one man that was sent up, and that through a mistake. He was a man named Michael Ryan. It was all arranged that he should plead not guilty, but he pleaded guilty, and Recorder Smyth sent him up for twenty-two months. He is now running an envelope game and policy at 154 East Twenty-third Street, in Capt. Gallagher's precinct. He ran a sweat game, but the Captain made him take it out."

• Q. — Have you ever paid any money to the police. A. — I never did. I never saw money paid.

Q. — How is the policy business in this city now? A. — There are 600 places running, or were running, within the past two weeks. Mr. Goff then produced a list of 600 policy shops, which the witness identified as one prepared by him for personal investigation at the request of the counsel to the committee. This list showed that there were policy shops running in every police precinct, with the exception of the thirty-fifth, at King's Bridge, which he had not had time to visit. In some precincts there were six or seven places, and in some as high as forty.

• Q. What was your experience with the police? A. Capt. Slevin was a good man to me. He and his ward man always warned me when complaints were made, and when Central Office men were to be sent to investigate the complaints. His ward man was John J. Callahan. On one occasion I was surprised by Callahan at the Long Island Hotel, 203 Front Street, writing a book," and Callahan told me that the man, meaning the Captain, wanted me to get out.
• Q. If you were not paying the police for protection, how is it that they interfered with you at all? A. — Oh. well, the Captains have got to protect themselves and make some kind of a show when complaints are made. There were two Central Office men sent down to investigate a complaint. One of them. I don't know his name, was all right, for when he saw me he said sneak," and I sneaked, and the other man, who loitered behind, of course, didn't find anything.
• Q. — Would it be possible to run a policy shop without the knowledge of the police? A. — It would be impossible. A shop could not run twelve hours without the police knowing it. No person would attempt to open a place without permission from the police.

Courts Protect the Policemen.

Carney said that the policemen were protected at the police courts, that the men arrested would not be held, no matter what evidence was produced, or, if held to bail, that would be the last of it.

• Q. — Will you give an example? A. — There was a man arrested from my place, and "Jim" O'Toole, a man who had charge of the courts for Richard Phalen, alias William Bennett, one of the policy backers, came from either Jefferson or Essex Market Police Court, I don't remember which, and asked Bennett for another one-hundred-dollar bill." He said that Ryan wanted it. Bennett said: "Does he think we find these bills on the wharf?" O'Toole said that Parker was doing the square thing and that they must do the same. O'Toole said that they had given $200 to one of the clerks, but Ryan had said: "Don't give him any more money; give it to me." I don't know who Ryan is.
• Q. — Do you remember any transaction with Capt. Martens? A. — That was last Spring or Winter. There was a good deal of excitement about the Parkhurst crusade, and Capt. Martens came to the place 475 Third Avenue and told Richard Dore, who had his headquarters there, to close up and get out until the excitement was over.
• Q. — Have you had experience with Mr. Gerry's agents. A. That was about four years ago. My wife's brother, then about ten years old, was sent by a woman into Dore's policy shop and bought a slip for her. Dore was arrested by two of Gerry's agents, and he was not taken to court. He afterward told my wife and my mother-in-law that it cost him $50 to get out. He had paid this money to the Gerry agents.
• Q. — Where is Dore now? A. — I tried to subpoena him, but I was told that he had gone to Kansas. I think he is in hiding in this city. George W. Miller, a carriage and wagon builder at West Farms, was the next witness. He said: "In 1891 there was a polling place in our carriage factory, at One Hundred and Seventy-seventh Street, West Farms. My partner, whose name is Hamilton, made an arrangement with one of the Sergeants in the precinct to pay $15 for the, privilege of having the polling place in the shop. don't know the name of the Sergeant, because my partner attended to the business." The witness identified an entry in the day book of the concern, made by him on September 28, 1891, as follows: I Hamilton paid Sergeant for election in shop, $15."
• Q. — Have you talked with any other people who have been similarly taxed? A. — No, but it is pretty well understood that you have to pay for the privilege.
• Q. — Did you have the election in your place in 1892? A. No: I suppose somebody else paid more for the privilege. I had it in 1893, and I paid the ward man $15 for the privilege that year.
• Q. — Is the polling place in your shop this year? A. — Yes.
• Q. — Have you been asked for any bonus this year? A. — No, thanks to the Lexow committee. The understanding has been heretofore that this money must be paid for the Captain's approval of the place before the lease is given. I don't know who the Captain was in 1891, or who the ward man was last year. Mr. Goff said that, from the number of communications received by him on this subject, it appeared that it was the uniform practice for years past to pay the Captain of the precinct a bonus of $15 for his approval of the selection of a polling place. Additional testimony on this point will be presented. The rent for a polling place for the days of registration and election is usually $50. The committee, after hearing Mr. Miller's testimony, adjourned to 10:30 A.M. Tuesday next.

Byrnes Contradicts Agent Lemmon.

Superintendent Byrnes made a statement yesterday concerning the testimony given before the Lexow committee Wednesday by Agent Lemmon of the Parkhurst society, who said that Mr. Byrnes was present during the French ball at Madison Square Garden on Feb. 5 last and witnessed many acts of disorder. The Superintendent said: "The statement by Lemmon is absolutely false and untrue in every particular. I was not present at any time during the progress of the ball in the Madison Square Garden. I never was in the wine room in my life. and even now do not know where it is located in the building. On the night in question I went to the Garden at 8 o'clock. I went there to see Inspector McAvoy, who had charge of the police. I told the Inspector to permit no disorderly acts. After The my interview with the Inspector I left by 2 way of the Fourth Avenue entrance. building was only partly lighted at the time of my visit there, and no guests at all were present."