The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-08-01

.ncAeePuonArc chArActerr, Sst on Tor
limp neglect q aaty and sssrDg den,sd them IN their
CONCEDED n s. yo sy ss VIII admit their %
s ySq hs .nsss Re n q %
'lenen' , our OSsSis1 servant TnHrv s.-,
NEW YORK. July . 1851 ''''''~
The Chairman presented the bill tho funeral expenses
OF policeman Anderson, amounting TO S46l which WAS
upon mot on, referred 70 the Committee Finance.
Mr. Boz presented Q bill OF 500 for Q station house
hired BY the Board IN Spring street, which, he said, had
been presented 10 the Comptroller and that officer hsd
ped that he had no funds referred 70 the Finance
Commute
Sc geant williamson Of the Fourtes nth precinct sent in
charges Of drunkenness against officer James Foster
which we're referred 70 the Committee General Dsci
pine
A complaint by Mr.. Cooke against an officer named
Davis, tO,k the sams course.
TIA CHARGES AGAINST pEpuTY CARPENTER
havor WooD Ti'hed 70 know whether Ihere WAS not
special order for the dayf
Mr. NY. replied The trial OF Deputy Carpenter was
Ma, or wooD thought it would require vote to take
Nup
Gen NYr decided that if there was no other business
the sIs csl order Juld be taken up
The roll called and the Board voted unanimously to
proceed with the trial.
Gen. NYE from some unforeseen cause, then read the fol-
lowing section Of the bylaws
% wnsp at are 70 BE- dscu.ssi or chges
but immediately he eater tn result Of such private
pubs
BE said that. his or non the privacy related TO the
dehberaiion or col sderAion Of the evidence, and
Mayor wooD-Chsrgcs are TO be considered
Mr. Bs supposed that this trial, like all that had pre-
May or PowKlI wished know whether they had been
publc2
Gen NyE sta ed that they had been
Mayor POWELL suppoed that the rule implied private
trial, with subsequent puOlic announcement of the
Gen NYl stated that heretofore they had applied the
privacy only TO the deliberations
Mr.. CEoLwnL corroborated this statement
Mr.. BOWEN thought the course of the Board very
right and The Board had 10 determine whether
the charges were frivoas; they were, then they
Gen. NYl thought they sat as court and should simply
deliberate :, ury-the deliberations to be private, but
the result, to be public was for the Board TO say
Mr. BOWEN ed that this trial be like that Of all that
hal pr coded it-in public
Mr. CHoIwELI suggested Sail trials"
Mayor WOOD was willing 10 let the Board take its usual
course
putty CArpeDterthe project Of privacy being abandoned
Deputy CARPENTER then stepped fsr~ara and said tnat
with all due respect the Board he wished TO de-
murrer TO their taking action in this case
THE coSTuMAUous MACMILLAN APPEARs.
E Chief Of Police Clerk MACMILLAN begged leave TO state
tina. he appeared behalf Of the compliments this
and he did 50 for the purpose OF moving adjourn
ment he had hat notice Of this being called
to day witnesses had not beea subpenaed. Ho sup
and wr esses had been subpenaed How case could
proceed without this be at loss to determine.
Mr.. BOWEN wanted TO know what day would be conve
nient-
Mr.. MACMILLAN would be pleased, 80 far regarded
Cen NY, wanted 70 know whether the gentleman SUP
supposed that the Board was bound 10 give An attorney
tee.
Mr. MAoKnIAR supposed they were bound 10 notify
the compliments and 70 subpoena Witnesses.
Gen NIs thought The Board We: not bound 70 suep@n,
may ask. This trial took Its usaa course and was set
down for is day bu, they were not ready tsy oould
vould be well hear that drss, because II allowed
there would rot be any need Of Witnesses ~ all rnat
M kAcKnIAR thought these proceedings parsok of the
nature OF criminal proceeding and Was the duty Of
the clerk peri designated by tho Board
ry complainant witnesses on his part 70 appear
The Board acted District Attorney for the people II
be bound 70 subp@ua Witnesses bu, Is mis- isl was Of
criminal nature the Board must notify and subpoena
nature Of summary proceedns. No penalties could be
inflicted; there was no process served, only summary
notice 1t was summary proceeding, where The party
was supposed 70 be ready 70 proceed.
Mr. MACMILLAN still thought that these proceedings par
took Of criminal character. Ye. . complainant must
keep watch oi the newspapers 70 know anything OF the
proceedings Of the Board-when the COMMITTEES on Dis.
cipnne would report how they would report If all
this trouble must be aken The complainant cannot
80 49, ----"' ~ his Police Commission. He 10 not
eonS 10 dance aendlr % urou TN, se.a, 70 know when
. trial will como up n he wAs 10 be kept In this way,
hey would hear lte more OF charges against POI semen
General NYR did suppose THAI commission 70 be Q
District Attorney. he supposed thai n going 70
prosecute another and Is DOT interested enough watch
complaint be tried could hardly be apparent that
he Vas mu,h Interested, and would AXE two or three
officers 10 look .fer him The residence OF the complaint
ant was not stated In this instance
Mr. MACMILLAN would state that whenever man made
complain, S5osr ,se Old Law his name AND residence
He stood not ~ prosecutor but a. witness Tor the
Comm ssoners.
General wanted 10 be referred 10 the printed rule
Of the old Board which made this provision.
M did not know Of the printed rule, but Il
General NYs was no, 20 sure gsiory upon
the C"mmi'seners 70 inform The com 2anans when me
M MAcxrIaR commended that that bad always been the
practice. .
cfth for
trial after the demurrer bad been presented, he thought
would be well understand what was the sense OF This
Board lie supposed that they would not become prose
cuorr They eat rs court 'o the case a. between tho
complainant and ihs on ser.
though With reference thu The Bari OF Po
Ice Commissioners, when sitting for trial, wore simply
Board Of Dfc pine They stood In the attitude OF protect
era public lnicr-, against improper c,nduct Of
persons In the Police Department II was very easy 70
Broadway and s.s policeman iuioxic.isd, Is good CID
zen he must 70 70 the department ami render his com
palnt ont he be kept continually watching he
| published proceedings Of the Board, which were
| vKHY SELDOM ooRsscrIY RrroRrEo,
And KEEP, dancing enhance the Police Commission
ers he citizens could not Afford the time and trouble
lie therefore thought the duty Of The Commission
ers-without reference 10 this caso-he deemed II the
duty Of the Board to q. as public prosecutors asains, The
their duty 10 subsantsie and justify any charge that
preferred against the officer and 70 his punishment,
protection OF the police force ie for the purpose OF
rrecIs the police CORPS from inefficient and
appointed 10 lie merely took this step uoles might
1 be considefcd by ms silence that nc hcQucsceo ne
should think should be determined early day, with
| PARTICULAR reference N future uias.
Gen NYx would dissen, little from the altitude taken
by the Mayor he supposed the presumption 10 Law
that all these charges until they were found
fully subs ,tcd He supposed the presumption OF this
Board would be that their officers all did their duty They
started with that presumption, however violent might
many casss-ndividual cases Ithey started with
that mpuon-thst each officer did his duy-k would be
obgatory the highest upon the person mpnuins
should be present and suosanuse the charge.
well any charge where the rights OF an Individual were
assaed In Jeopardy He did not think the Board
sat upon their forcc They should stand
a., In sense, defenders OF their men. He thought
their true attitude judicial court, between the
and the accused 70 cit In judgment when the rights
Of the accused placed In jeopardy Nor did seem 70
him 70 be duty Of this Bard 70 INFORM the prosecutor,
though the Judgment OF the Board that they should
do be perfectly willing 10 do IL The application
10 &C the hearing would OF be considered bat
he would suggest the counsel that there 70 be
| dcmur Il would be better 10 have II read now