The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-04-23
Important Meeting OF the Police Commits

Important Meeting OF the Police Commits
slOners.
ACTION ON THE RECENT DECISION OF THE COURT OF
APPEAIs-MCUNE RBINsTATED-HE 10 TENDERED
PART OF HIS BACK PAY, BUT REFUSES 1T, AND De
MANDs THE wHOLB-CHAeGEs PREFERRED AGAINST
uIM-ANOTHER TRIAL TO BE HAD ON TUESDAY
NEXT, ETC., ETC.
The Police Commissioners met yesterday, Meesrs.
Bowen, Nye, Strapahan, Stilman and Ward being pre-.
sent The two Mayors were absent
The Beard, before being served with copy Of the de
Of the Court of Appeals in the of McCune
the decision that at the time of the Of the
suit he still member Of the Police Department.
asked the opinion of counsel as to the effect which that
decision might have upon the relations between the Board
and those members Of the Municipal Police who between
23d Of April and the Sd of July, 1857 rejected the
thorty Of tho Board. This opnion-signed by Messrs
Felo Noyes, vanderpool and Evartsset forth that
decision Of the Court must be complied with, and re
ceived rule in ell like it in substantial respects
that is obvious that the rule McCune's does
not embrace many which they understand exist
among which are included those who received their
appointment from the late Mayor and City Judge alone
those who since the 23d Of April 1857 have entered
other and inconsistent empOyments; those who from
Esd OF April to the Sd OF July 1857 did not perform the
police duty OF their respective wares without la fui ex
cuse those who during that time dsobeye ed aoy general
special order of the Board OF Polce those who
copied Office and acted under the of the Com
Council passed June @ 1857 for the establishment
q Municipal police; and those who actually took part
in the collision between the Metropolitan and MunIcp
police June IT, 1857. TIE counsel also say that
members Of the old force who within the rule of tbs
McCnne are still liable 70 trial and punishment for
misconduct committed during any part Of the period be-.
tween the ODD o. April and July 3, 1857, as well as
at any time since; and that whenever trials be had
should be taken to have the notices complaints
personally served, and all the proceedings regularly
taken and recorded.
The Board having been yesterday with copy
the decision OF the Court Of Appeals took up the
their meeting and agreeably TO the opinion passed
nimously the following resolution offered by Mr. Bo~en:
the people ne ,eaon Of James against this Board
Pss saS Scn s
Board Whereby this Beard y 10 TO I'm
and member Of the ,ice force OF the Metropolitan Police
@ s1a an to aso ss and 70 take hs
according to the former writ OF alternative mandamus Is on
Resolved In obedience said writ that the James
Be rsSred q the s oss and %
that b n % sG draw a his in svSr o. sand Mcane
due raid Sccune from The 18Th day Of june 1857 Tie lib
he amount Of costs awarded by such Judgment
Mr. McCune and his counsel awaiting the action
the Board in adjoining room and Immediately after
adjournment The Chief Clerk OF the Board, Mr. Embree
waited upon him and rendered him the amount ordered by
the Board, $642 49, This, under advice Of COUNSEL Mr.
ncCune refused stating that he demanded the whole OF
bis pay from the time Of his pretended dismissal down
the present hour.
Mr. Embree then served upon Mr. McCune printed
copy OF the charges preferred against him yesterday by
Deputy Superintendent Car pener which he was required
70 answer within two days and upon which he was moi
lied that he would be tried on the 26th inst at ii A. NJ
at the Office Of the Board, No. ALB Broome street.
The specifications charge James M;Cune with in
subordinafion and refusal and neglect to perform
duty as patrolman Of the Metropolitan Police
district, and with wlful disobedence Of orders
and wtul noncompliance with the general rules
Of the Board and treating the and authority Of
Board with contempt The specifications set forth
tnud refusal from the 23d OF April 1857 the 81
OF July under the Metropolitan Police act With voting
the station house OF the Fourteenth precinct with
persons not TO recognise the power authority OF sad
Board but TO continue in opposition the Board of Police
and ts officers negIectDg report for duty at So White
street June 49, 1857 in obedience TO orders previous
given him; acting in concert With BODY Of men in oppo
son to the Board Of Police and the force thereof aud 10
armed defiance thereof from April 20 July g. 1857 AID
open contempt and defiance OF authority of the Board
EXPRESSED by words and acts from April % 1857 10 Ja
8, 1857
Counsel for Mr. McCune expressed his dissatisfaction
with the amount rendered, not including all Mr.. Nc.
Cune's back pay, and because the check made
payable To him. and ntimated that legal proceeding
would be had to compel the Board 10 pay in full.
The proceedings excited much interest among large
crowd In and around the Office Of the Commissioners