New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-08-01
APPLICATION FOR A CERTIORARI FROM
TILE POLICE COMMISSIONERS.

SUPREME COURT-srEcIAL THANKFULLY SL-Beiorc Judge
Che peope on the relation of Richard Gambling ss james
bowen 81 a., Police Conlnissioners
An application is to be made to-day In this case for
writ of ceytiorar carrying certain proceedings in the
matter of The removal Of the relator from the Police
Der ertment into the Supreme Court This is the case
in which an ex psrte certiorar denied few days
since by Judge Brdseye. The folOwingis
THE Ex-PoLIcEMAs's AFFIDAVIT.
city and Comfy Of Ner- York, ss.' Richard DAM
bling of the city, county and State aforesaid res,dng
AT No. I79 West Sixteenth street, in said city being
duy sworn, says That hereoforefto w.t. on the lin
Of April, 1865 he was duly appointed to the Office Of
policeman for the Sixteenth Patrol District OF the ssid
city, by Fernando Wood, James NJ. smith, IT,. and
Sidney H. Stuart then Commissioners Of Police in and
for said city, duly authorized to make such appoint
ment; that this deponent stll holds bis warrant or
commission Of appointment from said Commits
anIered) tbet ever siDce SAID appointment, and
until Oh or about the Sd Of July. 1851, this
dcponent has Continued TO do duty a. such policeman
said city, and in the sixteenth Patrol Dstict mere
e. and has well and faithfully during all that time dis
charged the duties Of such policeman and a. patrol
man. that by an act Of the Legislature OF said state,
entitled "An act to establish Metropolitan Police
Distrct and to provide for the government thereof,
passed April H. 1851, and Pursuant to the provisions
thereof this depOneDt became and was conf,sued 70
be policeman and patrolmsn in said Menopolits.
Police ill., hereinafter mentioned, this dePoneet
cut authority Dismissed aid removed thegefrom; that
on or about the 23d Of June, 1857, Simeon Draper,
James w. Nye, Jacob Cholwell, James Bowen ana
JAS s. I. StranabGn, or majority thereof tnen eet
sionels under and by virtue Of said act did - te
DEL Onent is informed and believes bat lrregusrsy sea
without authority, dismiss and discharge ano remove
this Opponent from his sald once P"nSe
nan; that at no time previous to said Gus
missa discharge and removal had any writes
@barees been preferred against this deponent TO the
B,n1 If Police constituted by said act, 70 ms de-
rorents knowledge FOR had ne been 'niot.nea OF ~
net MOI bad 81 opportunity been offered THIS dePoneos
Of being heard in his defense to any caarges ns1
nav Lave been preferred against him, a. required ~
said ec,ion ror he'd this tePenent previous 70 ~
si,ctroe AS Aforesaid, received bsen served with
auy rotce whatever, that any charges hsd beee Pso-
fe,y ed scapst him such policeman; nor had no T.
,eiyed or been served with sLy notice o. any -
wien place where he might appear ana han pre-
zen against oby onsrges whch may hsse oecn
..uet against him, Ell hough he was sh 4 To-. =
,e,ident Of laid city, and emost daily on guy
paroman in the Sixieepth Patrol nis''c' !" ''
and dsiv M HE residence in faid city. -.
This deponcnt therefore insets tust - ~. shcr
;u.ty improperiy and without sIse'cosn; psc.
iy ca the part OF said bosrd o. md 4 yioanon n
ZION, Of said sc and especially 10 we.
is,;on Of he seventh section thsIeoI, a'sno -
49, rgsd fro,r bis said oliee, although ne nAs oeea
and stiil il ready ara WHITE :" -"
iu On TINS depopent preys that writ OF eet's.
he issued ont Of the Supreme Court directsd
20 Id Metropolitan Police Commissioner difecdsg
them 10 return oil the proceedings bad ana Mses
ssd before them in relation to the Dismissal, decsss
I'D :, noya by item, or a majority OF any Of then.
- nj. deponent from his said Office Of policeman.
VI ' RICHARD GAMBLING
sworn 'e'''' @ T. wssII.xr CSani..isssss nssA-
The following is copyd
THE WRIT APPLIED SoR.
The People Of tho State Of NswYosh; 10 ysSes 1900
Jemes W. Hye JaA 8. Z. 6tIsaahan. Ss@se cGyse n
n,nSo wed ara Samusi s. Roweay CesnassssesN -
P,lico Of thu hssroostso Police U3ne@ .,SS->
Vkp,sS, We have cadscs9W pN M'aY ''''''