The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-10-19

eYamiu0d wi
es to another his best recollection Is that he
examined and that 1t taken down by the Clerk OF
the Court; does not rTcolleos making written COM
for threatening to take his (~itnes life to blow his
brains out, he was informed
The further examination Of this witness adjourn
ed to 10 O'Clock this morning At the rising Of the
court Mr. NcKeon intmated to the prisoners coun
that the case for the would close to-
| row.
The Case OF Alderman Kelly, OF the sixtn
| Ward.
| THE INVESTIGATION BEFORE JUSTICE MouNryoRr.
| SECOND DAY.
Yesterday morning. at 10 o'clock Justice Mountfort
continued further hearing In the matter now pending
on charge preferred against Alderman Patrick Kelly
by Captain Magnes and others. The court room was
not so much thronged the former day but still
goody number Of the dnds Of both parties were pre-
sent. Alderman Kelly defended his own case In per-
son, and so did Captain Magnestheir counsel hs wing
Withdrawn from the case for the present until ell the
testimony Is taken, when, 1t is presumed, they will
come In and each make fowsry speech the policy
| pline. The testimony taken from day to day, q
the case proceeds. becomes remarkable and
sight; and the progresses the more
the whole proceedings will appear and believe that
II the investigation only continued long enough eli
parties concerned Will come out sober CONNIE cng
with bottle Of rum, and ending In bottle of smoke
! rhe magistrate may however In giving his decision,
recommend thai all parties concerned in the invesga-
the pledge.
The ALDERMAN commenced his defence with the FOL.
Magnef:-
QIsaIl you have sworn to- in your direct and cross
examination as true and correct that which axes
the time Of your being in the store OF II Van Glahou
which time you swore was between and o'clock in
the evening OF the 18th instant,
Al have no way Of fixing the time at which Was
at the store OF Mr.. Van Claim bat 1 believe WA
correct In stating that it was between eight and nine
.Q.-were the words said to be used by Ridabock to.
you made use Of In their grocery store station
Alt was at the station house, apparently with
your sanction, In your presence.
examination, that the verbs Id White. liyersd
thief were said In Van Claims store
The witness here stated that all this disturbance o.
Cured In the station house, after two O'Clock In tho
the sldermsns discharges previously written TO prove
the part Of the one exhibited in court large number
magistrate disaowed the evidence =, the obest yss
to prove that the writing bore different appearances
than the part Of discharge shown In court The day
book was next produced showing the record made on
the night Of the 18th instant wherein the aIdermans
name appeared as committed on a charge of being
drunk and disordery, designating the time at q quar-
ter to three eclock when locked up, and discharged
by Alderman Bard at twenty minutes past three
what authority Captain Magues arrested the two vo-
men whom it was alleged the alderman Intended to
discharge.
The testimony then proceeded, as follows -
yGsnrn ns.snLr being sworn, on the cross exani-
street. have no business at present was present in
the station house the morning you were committed;
saying you were committed that Il. locked nm FOR AZ
keeping should suppose all those locked up COM
mittedi have no hostile feelings towards Alderman
Kelly, ss man, but have as regards his political
movementsi do net know what brought me to the
station house that night on that night saw ysu
trying to make out commitment for some young man
In front Of the desk ray trying. because you
scratched out almost fast you wrote also saw
you interfere with Captain Magnes In his duties you
were not able to walk straight from the desk to the
door leading from the station house, made use OF an
you ordered me out, answered would 90 out when
Mr. Lsyden did, that had ~ much right there az
night eausnty go In shs 1s' ts there that
Msgnesi ! don't remember being with Captain
MagP S az that night s.osp.
Of the station house that night you objected,
and wanted him to be brought back you said Capt
could not insult him; Magnes answered that he aid
not wish to be insulted that he had frequently done
go before you made several other observations but
could net hear what they heard Alderman Ksl-
~ assign fer reason to get Ridsbock back Was that
hearing you say anything more; when you hrst came
into the station house noticed you was intoxicated
could hear distinctly all that passed in the station
house before 80 much noise made; when came in
member seeing Ridsbock inside tn. railing daring ~.
evening; when Ridabock called Magnes i'd White
vsred thief he was outside the railing but In the sta
tion house; don't remember hearing Alderman Kelly
say anything more 70 Captain Msgnes than what has
already been stated; have recollection OF hearing
Alderman Kelly make use Of any violent or abusive
Language to any other person while In the station
house on that occssioss The handful shown hssdsS
IAN Alderman In Custody" containing the andavits
taken In this here shown to the witness Who
was asked ifhe had any hand In compiling or printing
the same or circulating The witness answered that he
had possibly hafa DOZEN and had given two or three
away, but had hand In the compiling or printing
have ofthe bills In the ssation house have
not seen any Of the policemen circulate any Of the
hapdbilsi do not know where they were printed;
don't rscollect any further conversation: did not
tWo
Of prostitution.
Capt M.esr. here asked the witness, on the direct
examination, what became Of the commitment the al
derman was attemp ting to write The witness an
svsred that he thought Mr.. Layden tookit.
MAerss.-l wish you would describe fully the
situation Of Alderman Kelly on that occasion
Wrryra-I have said he was intoxicated, and when
NIosrs-Could have suppressed the disturbsncein
the station house more efectusly than did BY lock-
This question vas objected to By the Alderman; oh
lection overruled by the Magistrate.
A.-No do not think he could, ~ he removed the
Msarr. what was the state Of tn. station house
after this
Cro,s.Ers~inat,en. Question - Can yeu nsms the
who we're disordery the station house that
i-You was one, Ridsbock vas another and young
man VINO gave the name Of Jonathan Bradford; don't
remember any others don't know . young man By
the name OF James Hogan, did see him threaten
Mr. Layds, With personal violence; saw person with
help or carry person drunk into the policeman's
bunk room IN the station house; saw Mr. brennan 20
THE Alderman said =. intended to prov. that man
Vas drunk and dscrderly going through the station
taken BY MIR Brennan into the policemsss bunk room
and put 20 bed
AZ this stage q the Investigation Il being ss.r one
witness in the Court Of oyer Tsrminer the mr.
Their proceedings adjourned until this morn
ing Ns o'clock.
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