The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-28

ever presented 70 the Legislature fcspcc. ing the
conduct oil affairs IN the EiGh leenth or any other
Assembly District in the city save as heenoeI0re
stated.
When, however, It became apparent that
no'h out failure could ensue rom the contest in
the Eiehti Assembly district Mr.. JOhn Kelly, with
counsel, went before Judge OF the Superior
Court, ana there instituted an pnftr proce ding
Charities.
Finally, on the soth day Of Nav last. seven
month";, ait the election, Iammany succeeded.
alter hefcu can Efforts, ii obtaining against us
four lndictments-all tor misdcmeanors-on OF
which was lor having removed Joan Sheridan
withont giving him proper notice.
Possibly your Honor may form an opinion az to
the reasons when led to TINS action. We certainty
aictea we apl cared IN court AMI demanded u
speedy trial. Although it was suggested that tina
Indictment against us would probably be quashed
upon questions OF laws should avail
ourselves OF certain legal rights. declined so 10
10 advislig our counsel that 1t was our wish 10
lay before the court and the public ali the facts
touching our official conduct TO the matters
with when we were charged with violation of
the law. In thls spirit We appeared IN court on
Wednesday last, ana heing arraigned pleaded mot
guilty. whe,eupon the trial was proceeded with,
not ~ the District Attorney an oriicer cnosen by
the people OF This county, and VINO to degree
possesses the confidence and esteem o the PEOPLE,
buV IN name by the Attorney General ana in TACT
by the private counsel OF Tammany Hail, en-
ployed and paid RON the Tanmany treasury Tor
their pursuit OF Us, their political opponents
Ine action OF the. Court and Its proceedings IL
seems TO MS we should not here discuss. That we
would not be allowed to show that we were not
ignorant OF the law, but that we knew what the
law required oi us and be ieved we were comply
ing with its provisions neither ourselves nor our
counsel ior moment believed. Such, however,
was the ruliag. ana as we mad admitted the fact OF
removal there could be but one result--cur con
vctlon. which was secured, and fne
Of $50 each imposed on the remaining
date trlal but on the objections OF the
Attorney General they went over until October,
although the prosecuting counsel stated In open
court that they should probably enter a MOLE
pr0seqnt IN those cases.
We deem IL due to ourselves here to call your at
tentlon specially to the language OF the Court IN
Rnn5sd u the eams Of to Gay Jnags
TINS case, IN my judgment, do not JUS
sify me IN innicting any more than a
fine, because it was not Understood on the part OF
the prosecution that IN thls particular case there
was any proof OF wicked or willul intent to DO
1t has been our endeavor In this communication
TO lay before you fully all the FACTS respecting
action and to detail the proceedings wnich have
apprlzed respecting the whole matter. lew
words more anu we have done. Since
OF the puDlc Journals nave reported that the con-
viction removed US from ONCE. aud others have
claimed That we were disqualified from again hold
Ing office under the city government. While upon
these and all similar questions winch have been
raised we have taken not only the advice OF those
gentlemen VINO defended us but OF other equally
eminent and distinguished counsel and while we
are informed by them all that we are still Police
Commissioners, and that we are not Disqualified
we ee that IN justice to yourself aad to ourselves
and to the puplic interests, We Should place our
designations IN yOlr hands.
THANKING YOU Tor vonr past unifOrm kind treat
ment OF us, both personally ana officially, and be-
licving that YOU wiil appreciate the unpleasant
position in which the question rciatiye TO our
official standing places both ourselves aud the
force, we have the aonor to tender ieslgna-
tions, which you Will find enclosed, to the end that
while It VIII settla all disputed questions to
title to our Ollce, 1t VIII leave wholly Tree TO
review our Official action ana name our success
Ors We have the honor to he, very truly yours,
OLIVER CHARLlCK,
HUGH GARDNER