Evening star. [volume] (Washington, D.C.) 1854-1972, 1859-09-26
The " Coal cs.r. BEFORE JUSTICE Gull

The "CoALcssx'' BEFORE JUSTICE Gull
We have received from the parties on either s. de
In this case the following communications:
MR-wkLLAcHs desire to correct the report
made by Mr.. McNerhaDy in the case which o.
CURED before Justice CUll and PniIfs?Icd in your
paper of Yesterday, in which { am represented as
" infOrmer' or prosecuting witness neither of
which is true. / was employed by MeSsrs ClarL
and Marks as their counsel and paid for INV seI
vices. Mr.. Clark called at nav house early ON the
morning Of the day Of trial aud informed me thai
he had told MIR. Gull that h- did moi wish tn
case to go on; that he abandoned IT, and te1ursted
me not to appear before Mr.. Gull
September "a, 1859. Bp SMITH
WAsHINGToN Sept ~, 1859.
To Francis Me- NsrhGRy: Esq:
DEAR SIR: Your note Of the I'D inst has been
Received, requesting statement Of the facts in
Iduon 10 trial which took place before me, in
reference TO a coal case. in which you were
charged with having violated city ordinance
entitled An act regulating the sale Of wood and
coal in the city of W ashington' | have read the
article reported la the Star Of yesterday, and after
carefully examining il, | have no hesitation in
saying the statement rs frEe IN ersry particular,
aud correct detail Of the erideHee elected the
trial.
In the warrant issued against you. you were
charged with ordering coal for yourself and GER
tain parties within the limits Of this Corporation
Ia be delivered at the Washing ton NAVY Yard
The prosecution failed to prove You ordered any
thing; the testimony only showed you opened a
correspondence with the Government contractor
To know Of him IL certain individuals could be
furnished with coal at Government prices
In regard To the issuing Of the warrant that
trdS done solely at the instance Of Mr. Beajapin
p Smith. eonHStL!or for the plaintiffs. In a con-
Versatlon with Mr.. Smith on the corner of Four
ana a-alf street and the avenue, he (Smith stated
the Mayor had request him To give him state
ment in relation 10 the coal question
w hat the statement was. made by Mr. smith TO
the Mayor, ] was not informed. but from the
tn MIR Spaith
rated To me by the latter. was led To believe the
learned counsel have stated to the Mayor that
application had been made to me for A warrant
and that had refused TO issue one; and that he
the Mayor, from the statements made to him by
Mr. Smith, Was led to believe the law had been
grossly violated, which the following remarks
from the Mayor, as narrated tO Inc by Mr. Smith
clearly imply, viz: Il cannot see why Squire Gull
VIII not Issue warrant in the case but If he will
not do il, | will put man in his place that will
do it could conclude nothing less than that
the counsel sor these parties had made the cor-
plant that had been applied 10 for warrant,
and had refused to issue one; hence the remarks
made by the Mayor, as narrated by Mr.. Smith to
However strange Il may appear after all this
his complaint to the Mayor his positive belief the
law bad been grossly violated and his connect, n
wi tn the plaintiffs as their counsellor and being
timely notified of the hour of trial when the officer
notified him of that fact he stated TO the officer
he had nothing to do with the case Since the
trial, the officer in the (F. = EDELIN, stated
to Inc that he (Smith) had stated to him on last
Sunday morning the remarks rs narrated to me
by Mr. Smith rs being made by the Mayor In
conclusion would say that IL IcdS at The iaStanc,
aud upon the Information Of Mr.. BtHj. p. Smith
The IcGTraHt trGS issued, and had the interview
between him and me not taken place. tie rdrran,
| Hsrer tyOHLd haze been issued.
Yours, very respectfully. Jas Gull
Police Magistrate Ninth Police District
of the city of Washington
To Francis McNerhany Esq