New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-08-01

as,l;; Of pouo.n:n Permit sss return: q psas.
W. ossrs% ~ is,s,wp,isn or iusexr,n.. 70 H..
hnovledesd th. Law OF sn essly dsy but mingled viii s
Ere: and d.tbsnees iprsd BY al honest feeling sna
Ihsn "' s.,iIn o. our dn.,s' u. os.,
strongly isaect sssp.t tss recognition q ,hoss
s.nsy Which va. based upon X. esn. Il
f.nies future comfort and hsppnessteowias ss ~
which de TO s-.sT their adherence to still secure hen
These gentlemen the true circumstances eoapse.s Ia
eertonable ch.rsc,er are ree.ed and east fr .ss
r,reet Of duty and hsarcs denied them In their own
which you eertsipy Will admit their Just night coussS -
them b. the existing hw 70
Trusting that yOu viii excuse the snsth eonnup,
ton and render TO the subject some AND a'tensoa
'"' 's1@M I COVER, ssIs'sns Tenth r,....s..
The communication was referred to the Commits.
on General Discipline. sa
Mr.. BowyN presented a communication from a.
owners Of the line Of Savannah steamers askine IL
ann, intmept Of special paromen at their landnf Ia
b. paid by them. Referred; 4l,
Mr. RowIN also presented the bill for the expense
of The funeral of Officer Anderson, amounting % tS
Referred to the Committee on Fioance. 3sl
Mr.. BowEy also presented the bill for the rent u
the Eighth Ward Staton.H ouse in Spring street PRIOR
to the giving up Of the old Stston.iiouse. Referred
communication was received from Sergeant Wi.
hanson Acting Inspector Of the Fourteenth Precinct
Police, charging James Foster member OF his force
with gross intosicafion The matter was referred 10
the Committee on Appointments and Removals
complaint was also presented by citizen named
Cork against member Of the police named Samuel
Davis Referred. 1919
THE CASE OF DEPUTY CARPENTER.
There being no further business before the Board,
wps moved and carried that the charge against Dep
uty-Superinte Carpenter be now taken up and
The Question was preached whether the trial should
be conducted with open or closed doors, and brief
discussion eusued thereupon. 1t was stated by tn
members Of the Commission, Messrs. Nye, Choiwell
Sranaban and Bowen, that the custom heretofore had
been to have the trial public. The two Mayors inter-
posed no objection, Mayor Wood rernarkpg that What.
ever had been the custom he would willingly accede
Mr.. CARPENTER then arose ard announced thsthe
demurred to the complaint. He was about to read
his demurrer when Mr.. MAcKELLAR late Clerk to the
Chief Of Police, in his new capacity as attorney,
rushed forward to the table and announced that ne
appeared on behalf Of the compainans in this matter
He would move an adjournment OF the trial on the
ground that he had had no notice that the case was
coming up this day, and the witnesses had not been
subpenaed. The Board or the Clerk had given him
no notice Of the trial. and had not subpenaed hn W.T.
nesses Under these circumstances, how the case was
10 proceed he wac at a loss determine.
Gen. NYE-Do you suppose, SIR, tbat thls boSfo -
bound TO give an attorney noticef
MAcxEILER-No, Sir; but they are bound to sub
pena Witnesses. ~ :.
bound to issue subpenas on application and that's ALL
But IL YOU are not ready suppose the case can Be
adjourned But in the mean time the demurrer can be
heard and argued IL the demurrer i Wen takea
the whole proceedings will be quashed. The matter
can be beard on the demurrer if you ready for the
argument on that. A.u
G.cKELLAR-I don't know az I am, as | don't know
the nature of the demurrer. These proceedings par.
take of the nature of criminal trial. In criminal
cases the witnesses on behalf of the compleint are
subpenaed by the Clerk of the Court. In matters
coming before the old Police Commissioner it was the
duty of the Clerk to subpoena witnesses. Ihe BOARD
acts in behalf the people. II this were civil pro-
ceedinp then the position assumed by the Chairman
would be correct. Di,. 4. +,
Gen. NYE-I am unable to see from any light !
have that summary proceeding like this psrtakes Of
the nature of criminal at all. There are no
punishments to be inflicted in any event. roere Is no
process. II is simply a notice. and it stands IKE
summary proceeding when the partyis supposed law
to be ready to go on
ines but not in proceedings before Commissioners.
has been held by Recorders Tiiou and smith ana
Judges Beebe and Russell, when mem oers OF the ola
Board Of Commissioners, that these proceeding par
take of the character of criminal proceedings Other
wise man would be compelled to watch the newt
papers to ascertain whether the Committee had
reported, and if they had reported whether the case
plaipant would not do this. He makes the compIik
Tor the benefit of this Metropolitan Police Disti6
Commission, and il stands to reason that be y not
going TO dance attendance upon the Board. 'l.A
of this Board to turn prosecuting attorneys for CON.
plsiuents against members Of the police force. Ai
uLderstand it, the general supposition Is that man
who wishes to prosecute knows when ana where and
bow the matter is to DO tried; otherwise it would take
he time of two three to hunt up compsinsnh
But this Board, take it, sits as court and not ~
prosecutor aud think 1t may as well he understood
once for all that persons prosecuting must be cood'
cred as taking notice of the public records Of as
Board. feuD
Mayor WooD-Without any reference to the pro
sent case, think the Board acts as Board Of Dis.
cpne. 1t is very easy to see that If ss citizen,
see policeman Intoxicated, and come and make
complaint on oath against him, / might be continu-
ally watching the published proceedings which are sell
dom correctly reported lincredulous winks among
the reporters be kept day after day 10 dancing
attendance upon the Police Commissioners, the cause
Of public justice may be defeated. therefore think
it is ths duty Of the Police Commissioners and the 70.
mark do not apply to the present case), as Always
go held when Chairman Of the Police Commissioner
to give every citizen an opportunity to substannSse
the charge he prefers against officer, not 80 much
for the punishment Of the direlect officer as fmne
publication of the police force. make these remains
lest my silence should be construed into an aoques
cenee in the views which have been stated.
Gen. NYE-I dissent frcm the position the mayor
thinks occupy. suppose that the presumption z
here as it ia in law that all charges are untrue until
they are iuly substsnated. 1t s, therefore, in tho
that he should substsntiate the charge. II we stood
prosecutors Of our own men, We would present the
spectacle of tribunal such as the history Of the past,
think, could not show. The true position which We
occupy is that Of tribunal to decide impatisy be-
tween the accused and his accuser.
Deputy CAKPESTEn then proceeded to read bis de-
murrer to the charge follows:
In the matter Of the charge of " Conduct unbecons
ing an officer" preferred against Daniel Carpenter,
Deputy Superintendent Of Police.
The respondent respectfully demurs to the ssii
charge and its two specifications: LIST. or Violent
coarse and inscient language to superior officer and