New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-09-26

Aug nth u me said ,redsahsv a hlv.ag bssa a, mt
from duty during aid night
gesn gave the evidence i, ,spoo-t Of the bs-ge ssan
Lieut. Miller. H. his o~ defense. Lieut. " lie stated
that be under tho impression that he hii the PHI
kge OF having the p atoa House that his retarna Vre
donbe1gh a. beD,, on duty his part aad
he did not tn0> but thst the dcorman present On
the night IN question 1t Miller farther stated that he vas
at meeting and a. II rained very hail be went home
Decisiin ed.
r.rFIcK MunPHr ForR1H WaRD.-C1orge-Negle
Of duty Sp,eifcafion-Thst said Murphy neglected TO
cell John Smith Of Hook and Ladder Co No on &C
oasion Of fire the morning Of August g ult ana on
divers other occasions in violation Of section i5 of tbs
Rules ard Regulations.
The charge and specifications were sustained by tono
ny Of John A. Smith.
On the part Of the defense, Capt Dtche testified that
said Murphy duty at the Crystal Palace at the time
SET FORTH and was exempt from duty that night
In this Gaze it appears that Mr. Smith had made aft ia
Wit against policeman Murphy from information he had re-
o se nss ia IN aa Ma Decision reserved
JoHx HueHEs SEVENTH WARD.-Charge-lst. Neglect
Of duty 3D. Disobedence Of orders Spse.heo'foH-ist
prisoner who accused Of feonousy assauling Thos
g. BumensrOther in violation Of sections 100 and l3i
n o pr,ss 80 Re-ulatons I'd That said Hughes DID
not give h nsne 10 laid Blumensroiher when aelani7
+; I.,;nn ~ sac+;o, - Of the Rules and Regula'ons
" IT, d stHJ nost,, nDement Of the case on the
Ground that he was unable 10 g. bis Witnesses me WIZ
nesses in support Of the charge bens he fsrher
sioners heard their testimony. and postp. 1 ~
In support of the charge seven Germans we i"'
but none Of them could positively identity the accua -
saut was committed which he could prove by Witnesses
and that be must have been mistaken for some other per
son. Further hearing postponed
ADAM WEoEaAs, TWENTIETH WsRD-Charge- Neglect
of Duty.-SPeeifo0t.on LIST, That said Wegeman ab,
sented himself from the County without permission and
in violation of Section l6 Of the Rules and Regulations
3D. That said Wegenan absented himself from roll call at
sunset Sept g. inst. without leave.
Capt flanagan supported the charge by his evidence
The accused plead guilty to the charge but in his defence
stated that he after prisoner to Wamsburgh and
that he had not time to get permit from the Chief
ROBERT HAssos, FIRST wARo-C harge-Conduct
unbecoming Policeman Specification; That said Has
son on the 10th September inst refused 10 assist 10
arrest thieves when required so to do by a citizen
The testimony Of Pierre d. Van Tucson was taken in
support of the charge, but the accused not beng ready
for trial the postponed until the next sitting
ALBERT LOOMS, ELEVENTH WARD.-Charge-lst
Coarse and insolent language 3D. Violent conduct Se
fcation said LOOMS. the evening of Sept 18th
inst used violent and insoent language TO Alex
ander Logan violation of section 81 of the Rules and
Recneti6ns I'd That said LOOMS on the same evening
violently assaulted and beat Alexander Logan prisoner
in bis custody without any just cause or provocaon
The testimony of William II Barker Patrick McQuil
lon Elizabeth McQuon and David Mckee was taken IN
HE evidence Of Thomas Cullen and John Curtis was
taken in defence but the accused not having his witnesses
ready, theicase postponed TIL next session
WM KEEsAS, TwEsTIETH WARD harge.-intoxica /
ton This charge was supported by the Sergeant Of the
District who stated that he found said Keenan, on his beat
intoxicated and that he told him to go to the Station
House Keenan, told him that he had pain in his stomach
and had taken some brandy and pepper Keenan, lmmedi
atey the Station House on being told 10 do so by
his Sergeant
Capt Hannegan called and testified "a to the pre-
vous good character OF the accused and that what he had
said in regard to being sick was true Decision reserved
During the trials Mr. Clinton applied to the Court to have
the case of Lieutenant Garrett of the Sixth Ward opened
for n rebearnr lie said that sufficient time had not been
afforded him to prepare for the defense, and that he had
stated so to the Court he had only half an hours notice
that the trial was to be proceeded with.
The Recorder said that no notice had been made 10 the
Court to postpone the trial and that LII Garrett had gone
into the case and examined Witnesses himself and his
stating 10 the Clerk that he was not ready was not al all
notice to the Court
Mr. Clinton admitted that there not strictly echical
notice or such as would have been expected from lawyer
but although a ayman acted in this way even wrongiuy
that still the matter appealed TO the favorable consideration
of the Court Lit Garrett informed at the Police Office
that the Mayor wanted him his Office he proceeded there
and then was told he was wanted before the Board in this
room He came here and then for the first time told
that charge made against him. and the trial to
come on then Thus taken by surprise he did not well know
how to act but though this a mistake it not
certainly such fault as ought cheat him of all re
dress and entail disgrace him for lie There was no
Judgment promulgated in the Court by the majority OF the
members of the Court vet notice served him the
day after this trial that he dismissed by the Comm
soners and that decision which prpos to be signed by
for the heavy sentence of dismissal pronounced against
him, that this following up of series OF criminal
acts on the part of Capt Garrett Although there was no
record Of his having been before convicted even
suspended and the judi men was not yet regularly
pronounced il vet Technically open for hearing OF
further evidence in the In case however thHi TINS
was refused he would be compelled 10 object to the jurs
dicOn of the Court TO decide the Of Lieut. Garrett
The transaction of which the charge occurred
before the Board of Commissioners had had legal exist
ence and he would maintain they had power to try the
case.
IL tbott
yet technically open and although the appeal to the
discretion of the Court might have weight and that
il was ahsractedly true that ell entitled to a due
ce of trial. and that everything consistent with propety
should be done TO remedy any defect yet in granting this
indulgence should be taken that the proper rules
which govern all when parties charged should
be violated for il the rules suspended and nng
ed upon everywhere surprise ignorance would be plead
cd. and thew never would be done with trials
lie did not consider that il could be said that full in
vesgaon had not been had INTO the circumstances of the
case for be believed there had and in the affidavit present
ed there was mention made Of what proposed 70
be proved and this of s, would be bar 10 Tec0nsdera
10 be questioned the that il was done
the better in order that they might know the exact extent
of their powers.
Mr. Clinton said that the fault Of the nature Of the ev
deuoe not being set rested with him. and he hoped he
would the day be allowed put in affidavit
disclosing the proofs, and would also give notice Of
ton 10 qUssh any decision that had been made the
Court had jurisdiction and in the meantime would ask
The Court not 10 take any further steps toward peectns
any decision until after they had heard his motion
The Court did not say what they would take bui
said they would hear any motion he would make
CITY ITEMS.