New-York tribune., 1874-06-25
.$4,000,00U 90
THE COURTS.
TRIAL OF THE POLICE COMMISSIONERS.

THE BAR-TEsTIMONY OF DANIEL p. HAsBROUCK
AND JOHN sHERIDAN-THE DEFENSE OPENED.
The trial of Police Commissioners Hugh
Gardner and Oliver Charlick for violation OF the elec-
ton laws particularly. according 70 the indct-
ment, for illegally and without cause removing James
Sheridan who had been previously appointed Inspector
Of Elections was, after much delay, begun yesterday,
and carried on so rapidly that the jury obtained,
the prosecution closed and even the opening for the
defense made. that to-day will be taken up In testi'
mony the side Of the Commissioners. Nat
uray the opening Of the Court at II yes
terday morning brought into the room great
crowd of people, many Of them witnesses. Tammany
Hall was well represented. John Kelly and Gen.
Spinoa appearing prominently. OF course Messrs.
Gardner and Charick centers OF attraction Tor
many curious eyes, the former looking In his usual
health the latter may be rite paer, on account OF
sickness. In front Of these gentlemen were their
numerous counsel. consisting OF exJudge Fullerton,
and United States Commissioner John l. Davenport,
who represented Mr. Gardner specially. and ex-MayOr
Hall, who undertakes similar service for Mr. Charlick
As OH day before the Assistant AtorneyGeneral,
Mr. Fairchid aided by George c. Wingate and COL
John Fellows. The proceedings begun by the formal
calling OF the for tlial. and ex-Mayor Hall
promptly entered behalf Of the Commissioners plea
OF mot guilty" to the indictment on which
they tried. wiugate called the list Of the wit
the prosecution. among whom were Commis-
Russell and Duryea Mr. Manierre and Controller
tedious process Of getting II men to serve as jurors who
had formed no opinions regarding matter Of notorety
all through the city. both counsel exercising the right
Of challenging as usual. The first IAN obtained and
who therefore, assumes the duties OF foreman. was
Philip Is. LOWE Of No. 427 West observation-disclosures
teenthst. The examinations went on rapidly, each
Jurors mind undergoing careful and precise analysis
In order to discover the least Of "politIcal aa-
tions which should disable him from giving an un-
biased verdict In trials Of late days where
politics are in any way, however dimly,
mixed up In the causes Of prosecution
1t be settled principle that the fugitive Harry
Genets name be brought up, and in this trial, as
In others. Of the jurors were questioned as to
whether they friends Of Genet. None were found,
however. and the peremptory challenges interpOsed
were generally because Of the doubt regarding the
feet Of the jurors mind The jury, when finally
completed which took until the hour for recess were
as follows Philip b. Love- No. 429 East Onehundred-
and-nneteenth-st; Horace " siGler jr. No. 4a6 West
Thrtynin Frederick G. Reynor, No. lOS West
Thirty ninth-st; Dudley F. Mills, No. 1s9 Grandst:
Maurice Werner, No. 133 West Twenty-trstst Edward
Griffith, No. II Lexngton-ave.; Duncan Macarthur, No.
"a wast Charles X. Sparks. No. 43 East sixtynrstst;
Charles G. Chambers, No. 235 East Sxy'second-s: WIN.
b. Whitaker, No. 2s West Thirtyfourthst Joseph b.
Kay No. "A Maiden-Iane Henry Blunt, No COZ Broad
way.
The rest of the Jurors not usual discharged
for the rest Of the term ordered to attend to-day at
II m, and Mr. Davenport gave notice to his witnesses
In another case to appear at the same time.
After recess, Mr.. Wingate opened the case for the
prosecution, slight interruption occurring meanwhile
In the discussion attachment against Bernard
Cunningham, q Witness When the defense had admit
ted that Cunningham was appointed to take the place
Of Sheridan az inspector Of elections and that he did SO
take his place. Mr. wingate was permitted to finish his
address, Having remarked that the defendants were
indicted for mere omission Of duty. while their real
ofense was much greater, he sketched briefly and
rapidly the legislative effort after the overthrow OF the
Ring TO secure fair elections and alluded to the pro-
visions Of the law giving the Police the power Of
appointing inspectors. but demanding that,
rule, the appontees should be divided
among the political parties, and should only
be removed for cause or actual misconduct
on election dag. He described the fight cont nually
going Board on account OF is political COM
position tho late President Henry Smith and Gard ner
and Charlick being opposite side from Commis-
sione~ Russell and Duryca aud boldly stated the plan
of the rat three to unto that they might devolve the
seectou of Hepublican inspectors on Gardner and OF
Democratic inspectors Charuck The law required tho
Board o appoint though not 70 select the inspectors
and 10 do this moreover by Sept 90 whereas no report
action by the Board was made until ocI IL Fina'iy'
the removal Of sheridsu without cause was shown up
In plain language and the usual assertions OF how
much the ., osecutiou going to prove were made
Ex.Nayor Hail. after the opening made tho following
sdmissions on behalf OF tho defendants: That the
Board OF Police was composed 90 mentioned 10 the
Indictment and that eacA eentiemaa named 10 tho In
dictment was Ps4oe Commissioners at the time men.
toned thcrc.u He sdmed that there wss "a xvIIIrh
Assembly District and xxiIId Election District. also
that John Sheridan appointed an Inspector on or
about Oct l. 1873. and was removed by the board
Police on Now g. and that no notice OF removal "as
given him. ...,
Col. Fellows Of the defense said that this greatly
fscta tsd their case But unless the defendants plead
ed guilty 10 she charge the testimony must be gwen IN
. regular way. snd no Submissions taken .'
Daniel p. Harbreuck Chief Clerk OF the Bureau OF
Elections testified to making out the certificate OF elec'
tion Of John ehcradan. and denned the entry - maze
nv hr..,, ,o ne isAser Personally he vss not
ACQUAINTED win Mr. sheridan. On eross-eAauiastion