New-York daily tribune., 1858-10-01
TRIAL OF SUPERINTENDENT TAIL
NADGE.
SIXTH DAY.

SIXTH DAY.
Tpe trial was again resumed at o'clock Yesterday
afternoon before full Board Of Police Comms oners
it being we believe the first day that all Of the Com
missoners have been present.
The evidence being all taken on the former lays
Mr. VIM. Curtis Noyes, commenced the argument Ill
fsvor Of the accused. He re.erred to the chcum-
stances under which this trial inaugura;ed 10 the
hasty judgment in the suspension of the srperntend
ent The Commissioners accusers, vi neSsfs and
iudga, who had already passed Judgment. Il re-
rrcd to the camor that hal been raised OIL all sides
and the difficulty of forming an unbiased judgment
under all these circumstances. The chge Is Tor 40
soyute disoBedtspce against the following order
1T 'ha be hs the General duty 70 rSpsr
IN person 10 all serious aud extensive hres N te mes
within the di+ at ommsnd ofthe police ee present
spd d,arbs he public psaceor ac;ias o.brs 80
Mr. Moves claimed that ths order did not extend to
an exploded rio and that. by the law, the General
Superintendent took the place of the Mayor so lar as
the police are concerned and his place was here IN
his dffice by the law of Isi9, the whola control OF
the Quarantine is vested IN the commissioners oi EN-
gratun; end, in fact, the General Sup rntendent,
nor asy member of the Police Commlssl, ers, could
not 90 thee without assuming that the Go lnssioners
of Emigration were dereit i'll their duty. Until the
General 'Snperintedent received proper requiston
from those who had the care of these buildings he
could not send police force there. The General Su-
periutendent and the Board of Police Conmiss oners
did all in their power; they could not do more. Not
OILY did The Health Officer and the Commissioners OF
Eu.igra ION fail to call The General SUI rntendent,
bnt ths Board also failed tp make any call n him.
Notwithstanding, the General Superintendent id have
a force N readiness to 20 at any time that cal wac
made for them. The second charge Is:
"Ths, the 6ener, Superintendent did not In
ing G I'd q direct patr1men 10 be stAioned e'
ne protec, property which had no. been tred'
But there was nothing to be done on the morning
at all, danger to any property and therefore the
Genera Superintendent did right. He should not have
done ANYTHING hastily, especially 10 send men 70 Rich
moni County which has proved recusant t. the Police
law. and where the yellow fever was prevalent Mr.,
Moves discarded the idea that fear had anything to do
in tins matter had any effect on the man who had
faced the Astur place rioters, and III whose lns ran
the blood Of revolutionary heroes aud of sg'er of the
Declaration of Independence. Again, the rder o.
Gen Nye absolutely forbade the Superintendent TO
send men, unless the number the want was Indicated
To him by the Comms Of Emigration. IL reads
!" Yon will send what men the Commissioners % Emi-
.seraton want tonight tO protect the buidl dlngs;
showing that the Supe-int' lent was to wat I'll the
Commissioners of Emigration should send 10 him Tor
the number Of men they wanted. Then, II the burden
of protection of these buidpgs did really rest IN the
Commissioners Of Emigration. the Gene raj Supe,ln-
teDdeut and also tins Board, are tree ro Ill hegect
of du-y. That Board took no official act a, Cap.
Crab rec did Lot ga the Superintendent I'e went
To member of the Bos-d of Police Commissioners but
with no written statement and without any ACT lIty
fromhs Board. Gen Nye states tina. 90 men W men
TONED proper number 10 send ard that Cap Cree-
tree said he would 20 20 his Board and would lei this
Boari know bow many men they neeo 4. If the
Commissioners Of Em g-aton had dcre their duy the
men would without doubt have been sent TO
Quarantine. The General Superb tendent scrupu-
lousy obeyed the order given by Ga erel Nye. In re-
gard T. not sending down on the mornin- OF the
3D. NJ. Noyes claimed that the Srperinten snt DID
wisely and WELL because there was 10 nece slty 10
them. The Superintendent waited that M for the
proper requsition but nome coming, ne left Office
and afterward being informed orally by one oi the
Comnis issoners of Emigration that ne1 Were needed
be Immediately ordered force, which would have
been sent had not Mr.. Schsll sent do the
who be assured the Mayor, would protect al the
property. SO that if the order had nos been counter
nianded in consequence Vi Mr. Sclrls assurance,
the Police would have been the gIoupd n ample
time 10 protect the property. Again If was me dnty
of the ,ficers of the mita at Staten lsfud to cal
them out in tines of riot. he Sheriff ulso v 70 bound
do all in bis power suppress such riots mt both
were utterly derelct in their duty An ect SEQ ID
1899, provides that the Collectors an ell United
States ofh GERS IN the p'rt bound t. AID In inc
execution OF all Quarantine and Health laYs Ine
Collector assumed the right ~ protecting these ouiu-
ings, but the marines cent there, tIlied IN
their duty. Capt. Rich was bound 10 int- rs On
officer ard as n citizen Thea, if the Cole or and
teese oiic.xs bound BY law to prs'ert tne'e
Buildings, and if they sssums1 the re,pol lbihty,
the fault regs with them. M. only did th, officer o'
the marines not protect the bsilding but re was 10
communication with who was suppo.d - oe
at che head ~ the incendiariea In truth, the oc"fs
of the Govesrm and the General 60, irnneht
itscl, responsible for this os.Tage an csnn@
rect upon tire General Superintendent hr Noyer
clo-si by appealing to the Board account o' 'he
anteccdents of General Talimsdge. Having tpoken
over two hours, the Board adyuI9ed. Ihe bfi'f"n
will BE- rendered in few days.