The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-12-28

The Legislative Police Committee.
This committee, appointed by the Legislature to ex-
anime into alleged abuses in the Police Department. re-
sued their investigation yesterday Assms Stuyvesant
Baker and 0Keefe were present, Asssrs Hopkins and
Crosby being among the missing The first witness e1-
amned was Mr. Mcclellan Clerk Of the Chief Of Police,
who made the following statement
am Clerk to the Chief of Police and have been 80 en-
fnce the early Of 1S49 have charge OF stolen
properly such is lost found have no idea IS
zion during that period. ere officer entered bend
ing under large quantity Of books which elected some
mirth among the members and spectators From I'M, THIS
S8l lots PARCELS inventory Of each parcel is made
and the parcel numbered nearly all Of this property has
is up TO as present time when the property is
advertised II be found, II is returned to the
finder the duties OF clerks are to take complaints and
aidayits against policemen, well az vari ,us other
duties when complaint 10 made against an ocer nei
notified and requested file answer after he has got
the case which, II he agree to do he signs paper TO
that effect; ii otherwise and he demands trial. he Is
tired BY the Police take Inc
the papers up to the Mayor but II otherwise the officer
is suspended from pay always; but sometimes he is also
suspended from duty and notification to that effect
sent the Mayor stating why he suspended the de-
fendant demand trial, he gets 1t as matter OF right
the Clerk Of tie Common Council, and then take re-
ceipt the Captains Of Police are obliged by general or
der TO make return every six months OF suspicious per
gambling houses resorts OF thieves, improper women
mock auctions &c.; there has been notice sent to
a descent was about his house; consider
such assertion SANDER; have never issued orders
for procuring testimony in regard to suspicious per-
made to the Chief OF Police in relation to mock
auctions &c, he Immediately sends an officer with
the complainant, who makes affidavit Of the fact;
/ have known several cases where money has
been returned but the complainant did not press for
prosecuticn had one sale since have been clerk,
n ich ted Ia n
there more, when property WAS sold by auction;
there is property remaining nova package Of stayaces
found by pawnhroker who deposited it at Office, in
order to find mr. Nick. here enumerated sun
previous to the passing of this last used to
turned to them their COUNSEL now we don't take any
from them there black trunk there, which
left with the Of j. l.. Norton it, which de-
vered to the Surrogate prisoner may be locked at
the Chiefs Office probably about couple ct hours before
going before a magistrate committed; if he demands
counsel he of course is permitted to him; have
never known man to be locked up an night without the
order Of the Mayor magistrate; there only
two IN the Office who there when first
there and they have been of and on during that
time within the last three years , ! DO mot know p
detailed policemen at the office; there are fonr
teen detailed there; there have been two three
every year; IRON Mayor Havemeyer to the present time
the Mayor has generally detailed the men, but there
Police to give his orders 10 people against
going TO esmbng houses, &c.; there five clerks in
our offce all the BURNERS do down stairs is In
black ard White and without the help have in clerks
ii could not be done the duty OF Clerk to the Board Of
Police Commissioners is to take complaints and evidence
know that he must do that but Of course cannot state
his other duties; Col Ming is tho clerk now; keep
book with Of policemen and dates Of their appoint
meDs there are cases where policemen receive wards
by OF the Mayor besides their salaries at the
Crys al Palace there some twenty men sent who
relieved weekly and who received their pay from
the city, but don't know If they received any other
compensation. The men rent TO all places Of public
Amusement, or .heIe any unusual gathering occurs:
there are not detailed men, an equal number from each
ward usually sent; don't enter the Of dismissal
against policemen; the Clerk 10 the Boara Of Commits
sionsrs enters the charges specifications and result
If the trial of officers the clerical duties Immense.
The ext witness examined was Justice Mountfjrt who
testified ms follows:-
have been Police Justice and Property Cork in this
city about fourteen years. ALEC Property Clerk pre-
vious TO being Justice while was Justice and Clerk
discovered many abuses in our criminal practice;
thought there looseness the part OF the mags
a in their mode Of doing business especially in not
giving the that before them the examination
thai they iequirea the judgment too frequently
BIASED by outside Influences the clerks we're also not
always properly qualified for the discharge of their du
ties there also too much interference the part Of
the deputy keepers Of the pirous with the business Of
the police courts instead OF leaving the magistrates and
endeaycrpg TO carry out the purposes Tor which the
parties were arrested and committed for examination
they eftcntimes coluded with the officers making
the arrest to employ counsel for the prisoners
seemed to be understanding frequently between the
deputy keepers of prisons and certain lawyers when
sent for in certain cases. the deputy keeper
sending the lawyer, and frequently the officer making
heard in instances of clerks participating in the
fees which the lawyers received: have been frequently
convinced, from circumstances that came under my
knowledge, that such the case; could have
obtained tangible evidence Of the fact / should
have made examination of the subject myself;
self; recently since left the bench have known
frem 20 to 20 per cent their fees offered to keep
prisons and officers to obtain for them cases which
has led to great injustice prisoners who have no
mesns-the poor being often convicted slight tertimo-
ny, the officers being very indefatgabe in getting evil
dence against the parties; while on the other hand
w n "A l1nfar nd fha
officers in their behalf and escaped the punishment
which they deseived the axiy Of clerks occurred both
appointed by the Common Council Mr.. stuart
property clerk part OF the time that Judge; the
hxy Of clerks resulted believe fIoma system which
sprung under the former organization OF the Police
Departments when watchmen employed, there
about fifty policemen detailed Tor the day time the city
btir guar ded at night by the watchmn. il then
utuai for the magistrate and his clerk to st alternately
each week and they required 10 be at the Police
courts ire m morning I'LL night those who sat through
the week were exhausted and the follow ing week
devoted TO 1nishipg the business OF the preceding one
after the reorganization OF the police, the magistrate
,even in the morning TIL O'Clock In the evening
one ball Of the year and from eight A. NJ TO six O'Clock
Y. H., for the Other half; still the same system was
continued Of the magistrate and clerk sitting sernaes
weeks by this arrangement the public lost nearly
halt Of their services If one magistrate ambitious
TO do IL duty more than another policemen would pre-
fer NAL ing complaint TO him. and this made his duties
more orerous than those Of his brctbren after the
amended constitution was adopted, magistrates were
bsd in practice think it idle to expect indepen
cent Justice while he is subject 10 the popular will he
who performs his duty legally snd iearlessly almost
sure 10 be removed from office when his term expires for
many years primary elections have been controlled
by !houder htters, gamblers, mock auclioneers,
policy dealers and thieves who from bad feelings towards
the Judge who talessy deals the law out to them ex
pect 10 elect successor who would be ensnt to-
wards them, what often happens their services at
primary elections are secur ed by b. class which may
call political conti actors to remedy this evil judicial
ofceis also the Mayor and Recorder should be mp
pointed by the Governor and Senate so far the const
tuficn VIII allow; the Clerks Of Police should be APP
pointed by the Judges and the policemen to be detailed
Ter duty be selected by them then would the response
biy Of business TEST where il should, nancy, with
tho Justices also think that when prisoner Is sem
tened to pay fire the keepers Of the several prisons
VI OF such ne fines 10 them should be re-
Qu ed 20 report forthwith 10 the commtting magistrate
sld Jay the money into court getting proper record
ade Ct the circumstance and then he money should be
paid into The city treasury and not 70 the Governors of
the Aim hause es at present; think u would further
the erds OF criminal justice Court Of spscaI Sessions
established, with three Judges, who would have
power 10 tummtn jury, ny all Of misdemeauor