The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-10-21
4 he Case OF AIdesm Kelly OF the sis
Ward.

j.
pally OF the hard. listed democracy OF the gallant
The grouping Of heads the shoulders Of each OIL
together with the smiling countenancss, and now .
then wink OF the eye was given, denoting the apr
baton OF the party to whom favorable part of the
dence affected. The drunken part Of the evidence
the part CT the prosecution Is nearly all exhausted
soon the sober part Of the evidence Is elected
the part Of the defence, the case Of the Alderman
brighten, and the great fog which at present lours
the head Of the city father, will, we hope, be sw
away, like misty morn before q north Wester N
almost time that some limits settled upon in or
to regulate the use OF spirtuous liquor said to be
dulged in by the police department, magistrates d
others; and the present investigation now pending
fore Justice Hountfort will enable that
patient magistrate to draw the line of sobriety from
alderman down to the grade of policeman. This
cision, when IL appears. should obtain 1t before
Years day, must be written in letters Of gold and
copy Of each be posted up in every police station hot
so that every alderman may read and know on enter
q station house on what footing he stands and act
cordipgly. But at present under the unsettled stat
captain rorsus alderman 10 alderman feels himself
In station house, except he wishes lodging for
night.
The evidence commenced by the cross-e1aminat
OF the iohowing witness;-
NAPOLEON WOODBRIDGE being sworn the erd
examination, fsys-i reside at No. 128 White stree
am policeman Of the Sixth ward; was at the 81
ward station house the morning Of the 18th insts
was At the station house when Alderman Kelly (yo
SELF came into the station house; was detailed DC
man for that evening; the first saw on that morn
was yourself John Ridabock, John Layden and ID
Fiecke, all came into the station house together;
Alderman walked in behind the desk, and took a s.
followed by John Layden and John Ridaboek; / 4
him writing at the desk; he was asking the name
person in front Of the desk the person gave the
Of Ohm Bradford, with other names; the Alderman
peared not to pay much attention, but kept his b
down; the next thing heard was MIR. Ridabock orc
ed out from behind the desk by Captain Magnes; Ri
book then came around in front Of the desk, fac
the Alderman the next order was given by Capt
Mngnes to place Mr.. Ridsbock out OF tho 4
ton house. | did so In gentlemanly mani
during this PERIOD . great noise and sonfus
was In the station house in consequence Of putting
Ridabock, and the noise Of the young outside wi
name the alderman was inquiring; officer Austin
just brought In q drunken prisoner German, d,
know his name; locked him up in q cell and on
return from the cells was ordered to take the at
man into custody, by Captain Magnes; told the all
man to " come this way he did so, and sonvs
put him in the cell, locked the door, and return
Alderman Kelly was intoxicated at the time the ale
man, when took him into custody, remarked that
hsd corporation pen in his hand, and wanted to ls
1t on the desk the pen was conveyed by the alderI
to the cell; did not touch the alderman inside
railing, he came off his seat himself, and walked as
again, with the pen in his hand state positively
did net come within the railing to take the ald
man into custody touched the alderman lightly on
elbow when conducting him to the CELL the alderr
staggered in walking to the cell; the alderman was
very boistsrous that night, ut least, not with
he told me twice to 60 ard fetch in Mr. Ri
Doet; ! ~ rsf hn to 40 it, hsesus. was orde
that you wanted to write out discharge for two prc
tutes; during thOtime heard you, you appeared Il
cool you directed me to bring in Ridabock in \
that oceasisn; was attending to the disposition
prisoners; know. man by tbs name Of Hogan;
came into the station house when the alderman die
did not take notice Of his conduct while in the stat
house; did not see any one convey Hogan into
policemen's bunk room on that night; saw Jai
Nesbt there on that occasi:ni did not see him mis-
have himself; was present when Alderman Kelly
discharged; IL might have been after o'clock when
left the cell could not see IL be walked straight WI
he left the cell, beesuss walled ahead Of him; q
leaving the cell saw you 60 behind the desk; | d
you with Alderman Kelly, Of the Second ward and
derman Bard, OF the Fourteenth ward was also the
think the alderman walked better whom he came q
the cell he appeared to have got little ovsrit tn
that time
m: sdH;y: y'u any hostile feelings towards Ale
Al have NO Ill feelings personally; pslitisall,
have; fhall not vote for you this coming election
Every man Ia. his choice in voting. q.ssAssr.)
terdsy's proceedings in this case; usually read
Herald every day think IL IL the duty Of ofnssr
read the police reports am not guided In my testi
ny by any thing have read in reference to this O.
Here the Alderman rose and proposed TO ask
witness in reference to the contribution Of moneys
The station house for political purposes; AID, furtI
Capt. Magnes stood BY and made . demand Of .
man for $40, or more.
Capt, NAesr' here remarked that the assertion
false.
The magistrate ruled that such evidence, allowinl
could be proved had no bearing upon this case, I
was, therefore, not permitted to be taken. The n
witness called, was
Groner GARDsrn, Assistant Captain Of the 81
Ward Police, being sworn, on the cross examinat
says IL reside ct No. 10 Franklin street; was in
station house on the morning Of the 18th instant
saw Alderman Kelly that morning; he came into
station house at quarter past two O'Clock and see
himself at the deck to write did not see what he
writing; room discovered that he was under the in
ence Of liquor, left then from behind the desk
went outside as was leaving, heard the Adern
say to Captain Msgnes cannot insult your Ia
heard Captain Alsgses reply to the alderman that
had insulted him several times;n and that he vo
have no more Of IL; and that N the Alderman came
the station house to discharge any body that he m
come in sober; then walked away not wishing to
any further conversation between them; Is retnri
again heard Captain Msgnes say to officer Woolrd
take Alderman Kelly In AMI lock him up" We
bridge obeyed the ORDER that's all heard; the Aid
intoxicated st the time he staggered or stu
bled as he passed out from the DESK did not hear
Alderman make any reply when the Captain
business; woodbridge did not 60 inside the n
iDgs TO take the Alderman into custody; I
not bear the Alderman make use OF any m
insulting language than have stated, nor did h
him make use OF any TO ether persons did not i
the conduct Of the Alderman to be bsisterous
sbusivei ] walked away; vent outside OF the door
the desk; heard captain Magnes request him TO lea
did not hear Alderman Kelly say be was gsing to (
charge two prosttstesi was present when Aldern
Kelly wns dschargedi suppose he was In oustd
near an hour; when discharged, saw him walk A.
a. the deski he looked a good deal refreshed Is N
generally look after taking q little. (LaughterO a
Alderman appeared TO walk straight on his return fr
the cell; judged, from the Aiderman's appearap
and the oorverfation between him and Nagnes n
he was much excited; raw man by the name on
gan with his hat aud coat of In the station house
not Gee him act disordefiy; did rot hear him threa
John Lsyden with personal violence, nor do kr
that be slept In the bunk room Of the policemen;
not see any stranger taken into the bunk room: hs
no hostile feelings towards Alderman Kelly either n
soBally or politically, nor do recollsct having
pressed myself hostile 10 Alderman Kelly; | mif
have faid he was a ID scouudrel Oaughtsr) in 4
course CT conrersaton with others, but nothing mo
20 my recollection. tRenewed laughtsr) know
thing respecting any handful circulated; the first
! cav was the one produced here In Court; did
hear Alderman Kelly request those in front OF the d.
TO Keep quiet they we're quiet outside the desk
Dfccf erGIfn1ifon eoriiru,s.-Jo FIEcxp bel
sworn, ssys-l reside az The corner OF Elm and Rss
ttrsNsi attend lar for Diedrlch Boiden
Here AtpEssAN kELLr rose and addressed the Cor
and objected TO any testimony being taken out Of
station house on any matter, or any matter that
lot touch directly on the case at issue The Adsrm
said be was arrsigned on a charge Of being drunk
disorderly the station house aad sny testimony pr
to that vas insdvsttsnt.
The MaGIsTHsrE ruled adverse 70 the Aiderm.,
motion; and remarked thsHthe oompisinsst war ted
substsntste and oorrob0Tase the Witnesses who az
10 the Aldermsns intoxicstion a. possibly thsv "a
prove the Alderman 10 be intoxicated before coming
The station house, aud the inference would b. thor
ccrroborste the teftimoDy Of those who svore 20 I
ntorcation In the station house
Q.-Did you 90 with John Ridsbock on that nil
10 fnd Alderman Eeliyf