The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-03-19

I o. Have been fetalned CUuHBeI
any members Of the police against whom charges have
been preferredS A. have acted counsel for some oil
men-those men in the Eleventh ward who were ar
rested for murder-I took their examination and aided
them for number Of days In the T0mbs
Q. When thiss A. Last year some time; went In
the discharge Of my duty, TO sec that these men had
O. Did you ever act counsel for any policemen whom
arraigned before the Board Of Commissioners on any
Did you ever act the representative Of any ocer
against whom charges were made before the Oommis
soners' A. do not understand youdo you mean TO In
qure whether have done any professional for
any who brought before Board, in that ca
pacity, In any way! Never.
ANSWER OF THE METROPOLITAN POLICE
COMMISSIONERS TO MR.. SPINOLA's
CHARGES.
The following memorial OF the Police Commissioners
together with the annexed statements the form of af
fdavs have been presented to the Senate by Mr. Noxon
the reply OF the Commissioners the charges contained
in the report and testimony Of Senator spnoa's invest
eating committee, published time ago in the columns
OF the HERALD
To THE HoSoRAB1x SENATE OF THE STATE OF NKw YORK
The Commissioners of Police for the Metropolitan Police
district having had their attention called to publication
in the Sunday HERALD Of March g. 1882 Of several closely
printed columns Of matter purportng TO be testimony
presented to the Senate by committee OF your honorable
body, investigating into police affairs within said district,
and which matter claims to reflect inurousy upon the
Metropolitan Police Department have made such proper
inquiries 10 compel DelieVe that suCn
tmony if it exists in legal and parliamentary FORM has
been reported to the Senate it's publication authorized
They informed and believe that there in the
tody OF of your honorable body written narrative,
purpotng to be testimony Of divers witnesses pur
porting TO be brought before committee Of your
bic body purporng to investigate IN police affairs within
the Metropolitan Police district But since the publication
above referred TO- the Commissioners have been volunta
riy furnished with adavs from persons who report
ed as having been sworn and duly examined, aud given
certain testimony, who deny that certain reported qucs
tons put certain reported answers made, aud
tgation was privately conducted by single member Of
the committee who refused TO allow the clerk Of the Com
missoners to be present, even listener that in
sequence no appeal could be had from question put
that the testimony not taken down in the English Ian
guage but in characters short hand and after
terward privately decphered privately written,
read 10 the Witnesses and signed by any Of them
that the Commissioners and not now allowed
TO examine the alleged testimony to have copy of IT,
and thus the alleged evidence became in the highest de-
gree 10 say the least and without employing unparlia.
mentary aDguage), liable 10 erroneous expressions and
partial Interpretation
Some of these afidavts the Commissioners append TO
this communication for references; and of them will
be found directly contradcng various important alega
tcDs MADE in the supposed testimony.
The Commissioners respectfully petition that this com
muncaon and the annexed adavits may be referred
proper standing committee Of your honorable body, to
the end that such action may be had therein may be-
come proper under the circumstances, such testimony
has been shall be presented and due and proper nqu
ry be instituted into the facts contained in this petition
SIGNED BY POLICE COMMISSIONERS
New York CRY, March ii, 1859.
STATEMENT DEPUTY CARPENTER.
Mr. Carpenter saysHe is Deputy Superintendent of the
paper extract from certain evidence reported TO the
Senate of the State Of New York by Francis Spnoa,
member Of said Senate, in which 1t is alleged that
-, member Of the Metropolitan Police, stole
watch from the Nicaraguan Minister, and, although
confessing his crime, not dismissed from the
police And the deponent saith in answer thereto
That said member was officer Of the old Municipal
Poce that in the month Of September 1857 the said
member being detailed for duty on board OF steamer
did steal watch from the Ncaraguan Minister that he
Immediately suspended from duty and his badge Of
o OIL ,ss s from 'ne arg were made MN
Board Of Police two days thereafter that before the day
Of trial the said member went TO Virginia. and the trial
missed by the Board Of Police the 23d of October 1857
and that since that date he has not been connected
manner with the Metropolitan Police.
STATEMENT DEPUTY FOLK.
Mr. Folk says-That in the latter part Of December he
was subp9naed before the Senatorial Investigating Com
mittee, Of which Francis L. SpnOa a member; that
when he first arrived there Mr.. SpnOa not In the
room but came in AFTER that Mr.. Spinola proposed
to swear deponeDt, which deponent objected on the
ground that there only minority of the committee pre-
sent, stating the for such Objections that In
Of any being put To- Whch
ttude OF Mr.. Spnoa TO the poice), he deponent would
have no one TO appeal to, but must abide by Spi-
Said Spinola upon this stated that the committee had
right 10 call in any from the street take up this
invsssgation Independent OF the committee; depo,
he (Spinola could show it, deponent would withdraw his
objections and be sworn sad Spnoa then from his
seat and went TO bureau desk, If TO get the
thoriy and show to deponent, when Spnoa suddenly
turned and said TO deponent:-I want to hear
from you II you have advised with counsel, 60 and
your counsel; Will not show you any authority; will
take you to Albany and swear you theea hrea. he had
made twice before Deponent then said he had
fear Of gong 10 Albany neither had he any fear Of
ing questions put by this COMMITTEES reserving thegh to
refuse answering what he might consider improper ques
TONS on this deponent was sworn; the only questions
asked oeponeht were, first: Name what books
kept In your oce to this deponent replied that he could
not recolect the Endorsement of all the books, and
ferred Spnoa the book OF rules and regulations
which Spnola replied he did not want TO know anything
about the rules and regulations but wanted to answer his
questions.
Spinola then asked If deponent had a book in which
all robberes that were committed in the city
corded.
Deponent answered that such a book was kept in
which all robberes that were reported TO the Office
entered
spinoa said be did want that he wanted an answer
TO his question.
Deponent then gave him understand that be presumed
there robberes committed in the city that
yer reported to the office Spnoas manner and language
were violent and insulting.
Spinola then asked if there book which all rob-
berries entered that reported TO the captains
Deponent answered that he could not tell he did not
know whether the captains reported to him all complaints
made TO them.
spnola then said something about deponents answer
being uDcivl and added 'you will look well when your
language s reported
Deponent told him he did not know that he had used
any uncivil language and that If he (Spnoa) wanted
was not insulting.
Spinola then said, 'That is all want Of you; you can
CO."
Deponent then sad 81 understand there has been evil
dence taken before you regards q rape having been
committed on girl by Sergeant Preston.''
Spnoa said, "How do you know what has been testified
hereY'
Deponent told him (Spnoa) he had been 90 informed
and that be wished 70 give testimony in that case
Spnoa said: That is closed the papers have been
sent away, and you cannot give testimony in IT, II you
want to testify GO before the your
place TO CO."
Deponent told him (Spnoa) he knew all about the case
bad investigated in the presence OF the GIRL Alderman
Shaw and sergeants Preston and Cass.
The reporter wood asked spnola he should put that
down.
spnoa said, ono; wont hear word Of it-dont put IL
down.
sppola said 70 deponent, 81 want you TO eaye-I don't