The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-10-24
The Case or Aldermen Patrick Kelly and
the sixth Ward Police
INVESTIGATION BEFORE JUSTICE MoUNrFORr.

|
the art OF the defence In support Of temperance The
two aldermen, Bard, of the Fourteenth and Kelly, Of
the second ward, were duly examined; the evidence
will be found below. The court was, as on the
former dayr, filled to suffocation. The FIRST witness
RicHASp Coors, being sworn, says-f reside at rs
Orange street, am boot maker by trade
haam'asa sy alderman KELLY on the part Of the de-
18th inst; saw Captain Magnes In the store TO the
best Of my opinion it about IL o'clock at night;
raw him drink there; Magnes had that occasion,
seine sltercation with MIR Ridabock la the store and
during that conversation heard Ridsbock say to Mag
disturbance between Aldermen Kelly and Fsrris;n
Captain Msgnes replied, you ls''; Rdsbook then
swered Magnes, with you are id lar Capt Mag
mes asked Van Claim If he into his honse to DO
insultedi MIR. Van Claim answered no; Captain Mag
C,oss-,aaanined by Csptais MAosEs-I saw 1Iagnes
drink, but cannot say what kind Of liquor 1t was / am
certain Captain Magnes said you are liar" to Rida-
ANDREW CoMrn, being sworn, says-I reside at No 10
ven STREET am frri. dealer was In the store OF
Msgnes have tumber on his hands; don't knew
what he drank; he asked me to drink; drank
don't recollect II Magnes invited any others TO drink
| C'osStremined by MAcrEs. / heard some little al
tercstion between Magnes and Ridabosk | did not
much attention to it, Nagnes remained ia the store
possibly near 10 minutes
JAS NJ BARD, alderman of the Fourteenth ward being
sworn says, was called upon by John Ridabock aud
John Lsyden, about O'clock the morning in quss-
ton they stated that Automatically Of the Sixth ward
was Locked up In the station house charge of be-
ing drunk and disordelly on arriving at the station
house ! wrote out = discharge, but the alderman
| iufeO 10 leave Inc cell no asked me to for the
Mayer, or alderman Kelly of the Secoud ward call.
ed en- alderman Kelly Of the Second ward and he
turned with me baekto the Sixth ward station house;
the alderman Of the Sixth ward then out of his
cell: when fret raw alderman Kelly in the cell
| don't think be was drunk; he oonversed with me;
could not discover any difference in the language
speech Of the alderman that occasion the alder
man was resting on bis elbow the bunk in the cell
be might have been drinking q little but WAS not the
worse for liquor he knew what be was about did
not see him. stseger on leaving the CELL walked with
the alderman up Centre street far Walker; it was
absut ten miRutes of five when the alderman left the
cell the alderman conversed usual to me while
walking up Centre street.
| Cross. eIamtnation By Capt MAcSrs The alderman
might have been drinking little but he anything
sober; may be under the influence Of iauor 1.-The
drinks one gisss; don't know him long; he had been
the cell and said, Good morning alderman what
you doing here ~ he stated he wished go for the
Mayer, or the President of The Beard
JAMES KELLY, alderman Of the Second ward, being
sworp saysl reside at No. 20 Beekman street; was
present on the morning of the 18th inst at the Sixth
deimsn Kelly of the Sixth ward on that occasion; |
should his conversation aud department about
morning, and did not discover any differences in his
speaking than ON any other eccasion did not notice
bad think should have observed IL: on visiting the
CELL found the alderman sitting bed; the alder
| GREETED to q member Of the Common Council In
that positions he replied that he could not help 1t he
was put there; he then asked me II the Mayor with
me. and ] said no. think he then said to tina. he
wished some one higher In authority than himself TO
discharge him; used some persuasion, and the alder
nan walked out from the cell into the station house,
| ] then raw Captain Nagues, who referred to the
book saying that the alderman discharged but
maine In the cell Of bis free will; then wrote my
name in the book endorsing the dis charge bid them
good morning, and retui ned to my residence
Gross -ezrnair,d 5y Capt MAGNK,-I said but a very
few words TO Alderman Kelly, and from what did /
should say the Alderman sober there nothing
that Jaw or heard to Indicate otherwise in his man.
ner any more than he appears at present. 1 would
state here as reason, that did not wish 20 notice
much ss did not wish to mix up la the affair; but
n finn yefr stan hat
should be locked up In the station house have been
In tbe almost daily habit Of MEETING Alderman Kelly
In tfcial matters and have recollection Of seeing
him ever Ia liquor saw no indications, that o.
casion, OF Alderman Kelly having recovered from a
| ely he M.cIsrnirr-Do you think that slider
men bsye any mere right 10 matters OF intozcation
/ A-No do cot. think that IL an alderman be-
comes drunk end disordery In the street he should be
arrested and dealt with as others would be under SINH
/ lar circumstances
! PA1RIoK Mans being svorn ,ays:-I reside at No
10 Franklin street. policeman Of the Sixth ward
Tn the morning In question saw = man by the name
OF James Hogan In the station house; when he Was
brought In II was about quarter to O'Clock; he
was brought into ore Of tie sleeping and ps.ed
into one Of the beds; he remained there about Eve
minutes and then and went into the other room;
ssksd them whore be lived; the man replied In
Mott street; be then asked him II he Kelly man;
the man did not answer; the question was repeated
| Ftl the man refused to answer; Hogan then said.
beware II you are Kelly mango ont Of here O. d
timer Hogan then left the station house aud that
the last raw 81 him; Assistant Capt Gardner ut
this time behind the deck Hogan talked pretty loud
Hogan was intoxicated, aud conveyed into the po
/ lictment bunk room by policeman DosBg and some
ere 'he did not hear an attempt made by the captain
Tbe examination Of this witness was not at al
material frc the direct testimony
! JoHa FucKE, being further examined by Alderman
Kelly, who're testimony has already been given merely
gave repetition II the same evidence
fence ssys-i reiae az No s. centre Street; IEsepa
boarding house; saw Alderman Kelly On the night In
question; walled with BIN from Mr. Lees to the
station houfe; the alderman did not stagger while
velkpg on that evenings did not observe any STAN
merng In bis speech On that occasion, nor Was he In
The statement m de by John Flecke 10 reference to
the sIdsTnans staggering, then, has trath init.
Cross csonfin'db W Captain MAcNEs.-i keep porter
bouss; have no llcense TO sell liquor; don't hnov
the nsms Of my landlord; am a lamplg hler; the
alderman might 10 driphng little but be was not In.
to1cated; walked with the alderman to the station
fsuse, and then feturnsd have known Alderman
Kelly for the last fourteen years and never him
! drunk bu, What he could take care Of himself
THoNss lliSrs being sworn rsJs-i reside a. No. CO
question walked about block In company ~ AL
d,Tman Kelly; did not observe the alderman staggsr
on velkine that distance nor was his speech different
that night but az far as saw the alderman vas nei-
Their drunk nor I'D lie ttBgger
CfOsstEcmfned-l have no license TO sell liquor; |
only eel very little; told any In the sta
ton hcuie that Alderman Kelly was stsyiug drunk
house never drank thirteen times at one sitting or
standing Usughter)
I HtNhi ~ SirifR BENG sworn. teys-l reside ~ NO.
\ III Ieonerd street; I am n broker on the right in
qusstion was In company Of Alderman Kelly, sud
separated about one o'clock that night; VIXEN left
him. lie did not npresr like a drunken man TO me;
shuUld fsy he was sober
C,oa.,i orfr,d ~ Carr Mas,r.-I first saw Alder
| nan Kelly ia The early art Of the evening about
o'clock W my house; the Alderman went into the
Carlton House; neat met him at the Arbor,n near
the broadway theatre. at about III O'Clock: | DONE
know how bottles 81 vine drank there, pos
siby drank one bottle and was not drunk Qsughter)
the Alderman LEFT at little after IL o'clock; don't
recosc Aldermas Kelly calling for eight bottles Of
vine on that occasion; decline to answer whether
vas drunk or net ON that night, that Is my bus
ress Alderman Rely walked and talked straight
enough ss thought; believe Alderman Kelly drank
ssrssparls In the Aibor that evening. also brandy
b,litve Qau1htsr.)
10 now being o'clock, Alderman Kelly said be had
exausttd all his vitns and moytd 20 close the
Captain Nsguee and stated, that he had several
witnesses 20 hrirg forward rebutng evidence. This
febttirg testimony will he rich aud racy no doubt
81 IN order hat the Whole facts may out the
M rikifnfe ahinnrrad aen mill Ihnrs1aY