The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-08-01
The Police I'd nmissscnsrs-p Or
dered ~ WRIT into the supreme Court.
sUPRBk1 CoUKr-sPRCIAL TENN.
Before Hon. Judge nayicl

Before Hon. Judge Davies
TIE People on ne R>ato~ q Richard Gan,lino us JomS
Bo,cen AND Ors Police Commissioners "A motion viii be
made this morning for writ Of ocrtorar 70 remove the
proceedings In this from the Police Department 70 tho
Supreme Court, upon the following AFFIDAVIT Of tho
ator -
CITY and County Of wev Fork, IS Richard Gambling, Of
the city county and STATE aforesaid, residing nj No 179
Yves. sixteenth street; In said being duly sworn, says,
that heretofore 70 w.t. on the llih day Of April, 1885, he
duly appointed TO the Office OF policeman for the Six
tenth patrol district OF The said city, by Fernando Wood,
James NJ Smith, Jr and sidney Stuart, then % minis
,onors Of Poi,e In and for SAID city, duty authorizes 70
make such appointment that this deponent still holds his
warrant commssion Of appointment from said commits
soners copy OF the appontmen, here annexed that
ever rnce sat appointment and until about the ID
Of JAY 1857 this deponert his continued TO do duty
such policeman In said city, and In the sixteenth patrol
d,uct thereof ard has well and faninly during .,an
that by act OF the Legislature OF said State, on
titled can act 10 establish METROPOLITAN Police District
ana provide for the government thereof, passed April
u.s. 1857 and pursuant the provisions thereof tts depo
nent became and tlnued 10 be policeman and
pstroman In said metropolitan Police VII az hereinafter
heves, unusy and without Authority dsmisszt and 10
moved ihereom that on or about the sd Of june 1851
Simeon Draper, James W. Nye, Jaoob Cool~ell, James
Bowen and James strsnahan, or majority thereof,
then acting or assuming 70 ACT a. Board o. t0lce Com
m,sioners under and BY virtue OF said act, did, ~ this
ceponeui is informed and believes, but irreg lary and
without authority, dismiss and discharge aud re-
move this deponeni from his sad Office OF 20
mita discharge and removal had any written
charges been preferred sgns This deponcnt IN the Board
OF Police constituted by ssd act this deponents know
ledge nor he informed Of any such changes
required by the TN section Of said had oppor
,unty been offered this deponen Of being heard IN his
defence 10 charges that may have been preferred
agans, him. required by said section mad this dc.
ponert previous 70 his discharge Aforesaid, received
beer served with any that suy charges
had been preferred agains, him a. suca poucsmss
had he received been tc~vcd with any notice Of any
time when or place where be might appear and defend
HirlneH nga ~urh have hoen pro
ferred against him. although he all the time resden,
Of said city, and almost daily daty pauolraan in
the sxteeoh patrol district in said city, and daily al hn
This depopeni therefore insss thai he been unjust
~ improperly and with nut Jurisdiction authority the
part II said Board Of Metropolitan Police Commissioners
for that purpose and violence Of the provisions
Of sad act and especially In violation Of the seventh sec
ton thereof dismissed and discharged from his said Office
although be has been, and still Is really and willing 70 do
and perform faithfully all the duties thereof Therefore,
this deponen prays that writ Of cerorsr may be issued
ont OF the Supreme Curt directed 10 said Metropolitan
Police Commissions Getting them return all the pro
oeedinss had and taken BY and before them In resOn 70
the dismissal, discharge and removal by them, or
jory or any Of them, Of this depcnent from hs ,ad once
Of policeman. RICHARD GAMBLING.
TIE WRIT lPPIup FOR
The Pepk Of Tie sdte Of N'o Pork.To Jacob Cholwell,
James W. Nye, Jas g. I. Sranahan, James Bowen, Fer
nando Wood, and Samuel Postn Com ms.ioners Of Pc
lice Of the Metropolitan Poie District Whereas, we
you, oomposns Al the time Board Of Police Of the No
nopo Police DISTRICT pursuant 10 40 entitled "Au
act 70 establish Metropolitan poIce District and ~ pro
vide for the government, thereof" passed April rs, 1857,
svch proceedings have been had thai you, majority
OF you have rres uary aud without authority iurisdc
ton In the premises, Discharged, dismissed and removed
from office, Richard Gambling, policeman duly appointed
and holding srce In the Sixteenth patrol district,
precinct, In The city o. New York; and whereas, II
s alleged by the said Gambling that our proceedings
have been irregular, without authority sad In violation OF
the provisions Of the ACT Aforesaid and espec ally Io vo
aon Of the 9Th section thereof and we being willing for
certain reasons that all the proceeding concerning said
dsmissal, discharge ard removal from office Of said
Richard Gambling before you remaining with all the pro
ceednes thereto apperanIng, should be certified and
turned BY you into oar Supreme Court, before JUS