The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-08-07

THE IMPEACHMENT OF MEssRs. BARNES AND
McMULLIN FOR ALLEGED MISCONDUCT DURING A
FIREMENs RIoT.-The committee Of Common
Council appointed TO take testimony in the case
of Alderman McMulln and Councilman Barnes
held final hearing yesterday afternoon. The
following testimony was ellcted:-
Officer Samuel r. Smith sworn-I was at Sixth
and South streets on the morning of July Is.
| heard pistol shot; two other officers and my
self went on the other side of the street, and
heard a rattle sprung; at Sixth and Shippen
streets heard another shot; when we got close
TO the Hope Engine house there was a regular
volley; bricks were thrown so rapidly that we
hid ourselves; did not see Alderman McAiullin
there; did see McCluskeY, Gallagher, and Frank
McDevitt; these were all / knew; they were in
the crowd, all of which we're well armed it was
dangerous for citizen to pass that way; after
the row spoke to McDevitt, and requested him
to take the crowd away; we did not make any
arrests, as there were but few officers present,
and we were fearful OF our lives; never saw
worse riot than this; saw several with pistols in
their hands, but didn't know them.
Officer Joseph W, Tyler sWorn-Was at Sixth
and LON bard streets on the 10th of July, when
| heard a shot; started 10 run down the street,
and heard another shot; then a rattle was
sprung; Officers Smith and Leadbeater came
alter me; when We got close to the engine house
we saw party firing at the house; bricks were
also being thrown; we got out of the way; after
| it was over, some one said, There's Mully"
pointing to a man across the street; not know
ing Alderman McMullin, could not recognize
| MN the row laSLeQ ten OF ulI6eQ inlnuI6Sj ~
would have been dangerous for us to have at
tempted TO make an arrest: saw a man there
who was called Barnes; have heard that McMul-
lin was there; did not see anybody In the fight
whom / knew; Judge there were htty men en-
gagged outside OF the house.
Thomas j. Dagney sworn-On the 10Th ult.
was standing at Sixth and South, when nre was
called; it was at Seventh and South streets;
| man named Evans, member OF the Moyamen-
sing Hose, was holding a plug; he refused 10
| let the members of the Hope Engine make an
| attachment; l saw the assistant engineer about
it, and he would do nothing towards the matter;
several members of the Moyamensing had hold
| OF the engine, pulling it backward aud forward,
| to prevent us from making the attachment; saw
| McMullin have hold of one of our members,
named McAnanny; Frank McDeyitt is an as
SCISSOR Of the Third Ward, and secretary Of the
| Moyamensipg,
MIR. Litteton stated that he had addressed a
letter to Mr.. Lynd, the City Solicitor who is
| absent from the City, asking his opinion rea
tive to the power OF Councils in impeaching
Alderman McMullin and Councilman Barnes.
| In his reply, Mr., Lynd states that he has
given the subject involved much thought, aRd
though his absence from the city has precluded
| a consultation of authorities, he has reached
the following conclusions;- /.
THAT an alderman OF the city of Phlladel
phia is a civil officer under the Common wealth
'aThat the sole power of impeachlng all suct
| officers is vested by the Constitution exclusiyel,
with the House OF Representatives.
II amn he says, 'strongly inclined to beliey,
Though / don't give 1t as final conviction
| that a breach of the peace by an alderman is
violation of his official duty, and renders hin
liable 10 impeachment. AS to Councilman
RsTnes I am satisfied that in breaking the peac
he violated no official demeanor in office. tn
Consolidation act, however, specifies a groun
other ss6ioient causeS3 hence it is possible tina