The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-10-17
The Case OF Alderman Patrick Kelly and
the Sixth Ward Police.

The Case OF Alderman Patrick Kelly and
the Sixth Ward Police.
THE INVESTIGATION BEFORE JUSTICE MoUNrFoRT
The Police Court at the Tombs yesterday morning,
was throngsd at an early hour exhibiting heads of .
peculiar character some little rummy- looking and
others not so much So some bore the appearance of
being legal voters, then again, others didn't Small
knots Of these mysterious looking individuals were
seen laying their heads together apparently In deep
me Citation, exhibiting anxious expectation Of some
desperate affair that about to Off On inquiry
ascertained that the busy mastering was in
quence Of the anticipated hearing investigation
nounced to como of between Alderman Kelly, of the
Sixth Ward, and Captain Magnes, the head and front
OF the Sixth Ward Police. Thecompsint published
a few days ago, in which the worthy alderman
charged with being intoxicated in the station house.
and on that alleged charge Captain Magnes ordered
him to be confined in Of the cells until released by
Alderman Bard Of the Fourteenth Ward.
1t will be well to notice here that for time past
political feud has existed between those designated
the Kelly party" and the Msgnes party" These
two rival factions fighting each other in order
to obtain the largest number Of legal voters for the
coming contest next month. The Msgnes party which
consists OF nearly all the police force OF that ward
and their friends, support the Foot ticket" for AL
derman and the Kelly party support themselves The
coming very bitter and savage and may If continued
with the present spirit result like the story of the
Kilkenny cstsn eat each other up, and whig victory
be the result of the election Be that II may, the
crowd Of anxious spectators brought together before
the police court to witness the amusing about to
take place was really aughabls. There the
Keyies and the Footites, each deciding the ease as
in their Judgment 1T ought to be- whisper could be
heard from one to another Faith and the Alderman
another, :" he looks like judge" "It's all lie'
buzzed another The Alderman never was drunk"
By tho powers" said funny looking little rishmsn,
with short nose, he's taken the pledge win Father
Matby was here" Suppressed lauehter)
The hearing had been set down for III O'Clock, but
In he absence OF lei
II o'clock before the magistrate able to proceed
Finally the counsel appeared and the Justice took his
seat and that he ready to hear the
The room, by this time appeared very interesting
heads crowded together full they could JAM
giving very pretty idea OF the supporters OF each po'
The first witness called was Captain Masnes, by
counsel for the defence, for the purpose Of
animation, After being sworn, on questions put by
the counsel answers follows:-I have had Ill feel
Sn he
rome Ill feeling against me; possibly within the last
four months.
Q-Have you within the last thirty days expressed
yourself hostile to Alderman Kelly
Here counsel for the witness nterpssed and entered
into q lengthy argument contending that the question
was improper and irrelevant to the case
The magistrate allowed the question.
Al don't consider that the question has nything
to do with the matter at issue.
Counsel for the defence That is not an answer to
this matter; have spoken to number Of persons
fpecting the complaint the alderman made against me
Q-How long ago did he make q complaint against
yous
Al think about four months ago.
Odd you precure any handbs containing the
afidavts in this Gaze!
Al did Lot.
Q-where did you see Alderman Kelly on that night,
and at what time
Al first cav Alderman Kelly on the night In quss-
station house behind the desk with two or three per-
sons and six eight others behind them he asked
the name Of some person who before the desk he
IA mn hta ainnf fha arfu h.far
the dssk noisy and abusive (; the alderman then
attempted to write q commitment; about this time,
he turned around and ordered MIR. Joseph Casserly
TO go out from behind the railing Cssserly not
employ ed there. but think TO me; Mr. Cas-
die; had previously put MIR Ridabock out from be-
hind the deck; he had accompanied Alderman Kelly;
no words ensued then between myself and the alder
man; when the alderman ordered Casserly out, re-
quested Cassery TO take seat; tho alderman then
quested MIR Layden to leave from behind the desk;
policeman Woodbridge removed Mr.. Ridabock by my
order did not notice IL he handled him roughly or
not Mr.. bidabock then went before the desk outside
and said to Alderman Kelly why don't you show
your authority" Mr. Ridabock then called me "a id
white liyered thief ON that evening had not been
drinking with Mr.. Ridabock; did not ask MIR. Rida-
book 10 drink with me that evening; had no quarrel
With Ridsbock that evenings Would not quarrel With
Him
Here counsel interposed again aud q very long and
spiIed argument took place the counsel for the CON-
ylainsnt protesting against the sdmsibity Of admit
ting conversation had between the witness and Mr..
Edhbcck also strongly I'm pressing the mind ~ the
magistrate that the whole Of political
quarrel bet~een the two parties and further that the
CbJc 81 the hearing was instituted solely for the
pose q making political capital at the coming election.
The counsel for the defence exhibited handful head
ed An Alderman in Custody in large black letters
containing ath the history the ARRAY In the
station house with the copy Of the afdavits 80 This
bardbil said the counsel, shows conclusively that
piracy exists for the purpose OF iDjuring the char
acter and coed fame Il Alderman Kelly.
The magistrate, after few minutes reflection, de-
cded that the question ssked by the counsel for the
defence was proper, and should be allowed.
The witnefs then continued - think the word
liar Iaed between us at grocery store kept By Van
Claim. In Orange street; Alderman Kelly made no
mark when Ridabosk called me a " id white liyered
Theft he did not interfere with me when Ridabock
removed; Alderman Kelly requested officer Wool
bridge TO bring MIR kidabock back; told Wosliridgs
not to do IT. IL was repeated he then told Nr Layden
10 do Il; then told Alderman Kelly that did not
want to be nsultcd that he had, former occasions
come there drunk and insuled me; told him never
psuted him be replied that was incapable Of taking
be lad gone far enough and then ordered him locked
up for being drunk and disordery think he said III
remember lie said; thought was very cool and calm
at The time; when ! Ordsrd him locked up. he went
quietly he had to do otherwise, the liquor
had got the best Of him. When he fret came into the
station house be did not FAY anything to about any
wom.n he wanted to discharge, but commenced 70
write out discharge; there we're two women locked
Up en- n warrant Issued by Justice Mountfort.
1.-THE counsel here fer MIR Kelly, requested TO see the
discbsrge b,gan by the Alderman The document was
,nbibit,d and read follows; Capt John s. Msgnes,
the captain duty for the night, will d-chsrgen
but before finishing II the captain ordered him to
witness continued: IL heard the alderman make
siks to some persons whom he Threatened 10
con NIT, but did not hear what II was He ordered
MIR Cafserly cut or the Office. don't recolect that
he said ~ you put out OF the Office, Why don you
put all out there men have business with me Cas-
terly reid n Lsyden will 20 out will Alderman Kelly
then ordered Layden to go out then told Lsyden TO
tsteaust; Alderman Kelly made no reply.
Dutct Tssfimony i considered kidabock drunk
when he came into the station house; he spoke In .
loud tone all could hear 1t did nothing to pro-
woke him in the station house; ! told him TO
go cut sir" IL was minute or two after he put
out that he called me (" Cd white liyered thief"
In front of the desk heard Ridsbock swear more
than while in the station house. The alderman
in confinement from quarter TO three until half
past three o'clock The alderman had time enough TO
wIite out discharge before he sent 70 the cell he
bad time enough; don't know why he did mott my
impression IL that he did not know how TO do IT. be-
neve he had the pen in his hand when be sent to
the cell He was probably In the station house half an
hour
This concluded the examination Of this witness,
and 10 being O'Clock In the afternoon the JUS
tce adjourned the case over until fhursdsy next.
The witnesses and spectators then moved cut OF court