The Cairo evening bulletin., 1869-07-14
THE CITY CLERK.
His Trial for Malfeasance IN OHice.
Tho Evidence in the Cnse.

d
At o'clock last night, the City Coun-
ell I'm joint session, met In the Council
chamber and was called to order by the
Mayor. Upon roll call seventeen men,
bers responded, Alderman Gibson, only,
being absent.
The Mayor communicated a message
10 the Council embodying the charges
preferred by Treasurer Hyland against
Mr.. Mockler, the City Clerk, and setting
forth at length the action he had taken
in the premises. This message is pub.
lished at length among the proceedings
of the Council as officially reported.
Councilman Jorgensen introduced rules
for the government of the council In the
investigation OF the charges, which being
adopted, Judge Allen, one Of the attor-
nles for the accused, suggested an adjourn
ment TO some other time and place, be-
cause OF the crowded condition of the
council chamber and the extremely un-
comfortable temperature of the weather.
Alderman Lohr moved that the coun-
ell proceed with the investigation, which
being carried, Judge Mulkey, attorney
for the accused, urged an adjournment
10 some other place, expressing the be-
lief that the heated and crowded condi-
ton Of the room forbade anything IKE
that calm and deliberate examination Of
the matters in Issue that their Import
ance demanded He urged this at the
request OF and as an act OF Justice toward
the accused, promising that the accused
should not avail himself of any legal or
technical advantage that might present
itself through the fact OF adjournment TO
other and more comfortable quarters.
He held that the ordinance requiring all
meetings OF the council TO be held in the
council chamber was merely directory
and not mandatory, and expressed the
conviction that the council had the un-
doubted right to adjourn to another time
and place.
Alderman Kennedy then moved that
the council adjourn until Friday night to
meet at the courthouse; which motion,
being changed from Friday night to sin.
stanter," was carried unanimously. The
members and the large crowd of specta-
tors then repaired to courthouse. The
roll being again called sixteen members
responded, aldermen Hendricks and
Gibson being absent.
The rules governing the trial, at the re-
quest of Judge Mulkey, were re-read.
One OF the rules limiting all speeches to
fifteen minutes and allowing no one to
speak more than once To the same sub
I,.IE IA
know If that rule applied to attornies.
He expressed an unwillingness, as an at
torney for the accused to be gagged.
The mayor observed thatif no objec-
tions was raised, he would consider the
rule as applicable to members only.
This matter disposed of Judge Allen
requested re.reading of the charges
The clerk read them. Judge Allen
moved that the third charge be quashed.
1t was general; described no offence in
specific term 8, and was no charge at all.
p. Butler, esq, attorney for the pros
ecution, replied that the 3rd charge was a
mere summing up of the other two, and
should be retained. The council should
not suffer themselves 10 become entan-
gled in the meshes of technicalities.
They should seek after the plain truth,
doing justice to the accused, the city and
themselves The motion of the gentle
man was premature. The charges must
be considered seratum, and the gentle
man by his motion seeks a direct rever-
sal of the order. He hoped the council
would not quash the charge.
Judge Allen replied at some length.
At the conclusion of his remarks the
mayor observed that he questioned his
right to entertain motion made by a
party not member of the council, and
would only do so by the unanimous con-
sent of the council. Objection being
made. Councilman Rearden moved that