People v. Stephenson

36 N.Y.S. 595, 11 N.Y. Crim. 80, 71 N.Y. St. Rep. 649, 98 N.Y. Sup. Ct. 613, 91 Hun 613
Procedural entryThis page is a short order in People v. Stephenson. Read the opinion of the Court — 11 Misc. 141
New York Supreme Court·Decided December 30, 1895·Published

Opinion

PARKER, J.

The indictment under which the defendant was convicted charged him with having, on the 16th day of December, 1891, at the city and county of New York, while a captain of police, and in charge of the Fifth police precinct of said city, asked, received, and agreed to receive from one Martin N. Edwards, a produce merchant carrying on business in said precinct, four baskets of peaches as a bribe, upon an agreement and understanding that, in [597]*597consideration of such bribe, he would violate his duty as such captain of police by knowingly suffering and permitting Edwards to offend against an ordinance passed by the common council of said city relative to sidewalk incumbrances. Upon the trial the people, after proving the ordinance bearing upon the issue, defendant’s official position, the taking of the oath of office required by law, his transfer to the Fifth precinct on the 8th day of December, 1890, and that he continued in charge of such precinct during all the period of time referred to in the evidence of Martin N. Edwards, called Edwards, who testified that one Melvin Whispell- and himself were associated together in the fruit business in the Fifth precinct; that, early in March, 1891, Augustus J. Thorne, a patrolman, approached him and said that there was a new captain in the district, Capt. John Stephenson; that he was the captain’s private man; that the captain used considerable fruit, and if there was no objection the captain would take fruit in the place of money for protecting Edwards on the sidewalk,—to which Edwards replied that it was immaterial .to him whether he took fruit or money, and asked Thorne if he had an order for the fruit then. Thorne said he had not, but would come with it the next day. The following day Thorne called and brought with him a card upon which was written “Captain John T. Stephenson, No. 274 Washington Ave., Tremont.” He handed the card to Edwards and said, “This is the captain’s address, and he wants to have a barrel of apples shipped to this address,—to ship it by the American Express.” Edwards took the card, marked a barrel of apples as requested, and delivered it to the American Express. No attempt was made to show that the barrel of apples was delivered to Stephenson at his house, and it does not appear that Thorne was the captain’s private man, nor was the captain in any way connected with him by subsequent testimony. It does not appear from the record that Thorne’s name was ever mentioned to him in connection with the conversation to which Edwards testified, or that he ever heard of such conversation until Edwards testified to it. Edwards further testified that, in the latter part of April, or early in May, 1891, James Kelly, another patrolman of the defendant’s command, who had been in that precinct continuously from October, 1873, and who, early in February, 1891, had been especially detailed by the police board on corporation ordinance duty in the Fifth precinct, called on Edwards while the latter was standing on the sidewalk in front of his place of business, and told him that the captain wanted a box of Florida oranges sent up to his address. Edwards replied that he did not have any oranges, and testified that he did not send them. A month or so later Kelly reported certain violations of the corporation ordinance by Edwards and his partner to Capt. Stephenson, who promptly forwarded the complaints to the chief clerk of the board of police. August 10th an action was commenced by the corporation attorney to recover penalties on four of these complaints, and judgment was rendered against Edwards thereon on the 28th of August. This judgment Edwards paid. September 15,1891, Kelly called again, and said the captain wanted four baskets of peaches, good for canning purposes, sent to his address. [598]*598Without further conversation Edwards says he personally addressed four baskets of peaches to the captain at the address which Kelly had given him in April or May, and delivered them to the American Express Company. Evidence was offered tending to show that the agent of the express company made delivery of the peaches at the number marked on the baskets, and the receipt book bore the signature, Mrs. John T. Stephenson. Mrs. Stephenson denied that it was her signature, of that she received the peaches, and the defendant also denied all knowledge of them. On the 28th day of September, 1891, the corporation attorney began another action against Edwards & Whispell for violation of the sidewalk ordinance, and Edwards testified that he went at once with the notice to Capt. Stephenson, whom he found at the station house. As to what took place he describes as follows:

“When I first went Into the station house the captain was not in his room. I inquired for his captain. They said he would be there in a few moments. In a few moments I saw him come out of a back room, and he said, Y am Capt. Stephenson,’ and took me to his private office, unlocked the door, or opened the door, and invited me in. I said to him: ‘Capt. Stephenson, here is a notice that 1 have got of a fine for obstructing the sidewalk. This is the second notice I have received. The first one I paid. I thought it was a mistake, probably, and paid it. Here is the second one I received. What is there about this ? I thought I had an understanding with you that you would take care of my sidewalk.’ He said, ‘That is evidently a mistake. You leave it with me, and I will attend to it for you.’ 1 left the notice with him.”

Notwithstanding this interview, judgment was rendered against him on October 19th, for $5 and costs. As soon as Edwards received notice of this second judgment, he went again to Capt. Stephenson, and in response to the question, “State what happened,” Edwards testified as follows:

“A. I said to him: ‘Capt. Stephenson, here is a notice of judgment against me. I brought the notice around to you some time ago, and you agreed to take care of that. You asked me to leave that notice with you, and you would take care of it. It is evident you haven’t done it. Here is a notice of judgment.’ He says: ‘Damn it, I told so and so to go and attend to that, but he evidently hasn’t done it. You leave this notice of judgment with me, and I will take care of it for you.’ I left it with him. By the Court: Q. Anything else said? A. Yes, sir. Q. Go on. A. I said to him: ‘You sent a man to me to say that you would take fruit from us for taking care of us on the sidewalk. We have sent you the fruit, as you have ordered it from time to time, and how is it you haven’t attended to this notice for us?’ Q. That you have taken fruit? A. We have sent him fruit. Q. For doing what? A. For taking care of us on the walk. Q. What did he say? A. ‘Inasmuch as you have sent.m'e the fruit, I will take care of this notice for you.’ Q. He said that? A. Yes, sir. Q. Anything else? A. He said: ‘It is not customary for me to do this kind of business. I never lay myself liable to these people down town.’ Q. What else? A. ‘Any arrangement that Mr. Kelly sees fit to make with you, or any favors that he wants to extend to you, will be all right, and I will abide by it.’ ”

Edwards testified, also, that about the 10th of November Kelly again came to him and said, “The captain wants $50.” Edwards replied “that he had fulfilled his agreement by furnishing him with fruit.” Kelly answered “that the captain was not satisfied with that, but wanted money,—$50.” Edwards protested that he could not afford to pay the captain the $50, and asked Kelly to see if he [599]*599would not be satisfied with $25. This Kelly promised to do, but returned after two or three hours, saying that the captain would not accept it.

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People v. Stephenson, 36 N.Y.S. 595, 11 N.Y. Crim. 80, 71 N.Y. St. Rep. 649, 98 N.Y. Sup. Ct. 613, 91 Hun 613 (N.Y. Super. Ct. 1895).

36 N.Y.S. 595 (People v. Stephenson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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