New-York tribune., 1874-07-08

OF said city and county copy whereof is hereto an
ncXod, marked winch ohense was hut one or the 9h
velOped upon the aforesaid examination OF said Ohver
Charlck in the Supreme Court. aud which had been
Mayor the aforesaid report OF said special committee
OF said Board Of Aldermen. That on the 25th day OF
said June the said Jury rendered verdict cOnVctng
said Oliver Charlck aud Hugh Gardner. and adudglhg
them guilty of SAID o,nse and that upon the following
S RSm and % Sentenced each Of them pay fine s2so
Sercnh That notice OF such convlcOn toEelueI WIN
vour Exceency by said court You did, Immediately
upon the receipt thereof, notify the said william r.
law that the said Oliver Charick and Hugh Gardner
had been convicted of an OfTense involving violation
OF their oath office, and tha IN consequence heroOI
their offices as Commissioners of Police had become
vacant, a copy Of which communication Is hereto an
Figih: Your petitioners further aege that In add-
tion 10 the indictment upon winch salI IoiGe C9ns %
siOners convicted aforesaid san Grand jury
had the me viz, on MAY 3O is. T. lounI tnree
additional indictments against tne lo p.er % ,i9
said Election laws, which are now set down iOr la
MINI THAT the said Oliver Charlick and Hugh Gard
ner having sent in letter to the said Mayor which was
published the newspapers OF said city, on the 23h day
nf lime 1874 COPY of which is hereto annexed. marked
ID, and rendering him their designations OF their Offices
Police Commissioners; letter was addressed 10 sau
Mavor by John Kelly dated on said day which pub
shed at length IN the newspapers OF sad CITY, on the
29th day of said Juno "a copy whereoi Is hereto
Tenth: That the said William f. Havemcyer on the %
day of July, 1874 without making any such lhVesga
ton IN violation of the duties imposed upon him by law
and of the obligations of mis- oath of Office by certif
cate in writing executed under his mana ana SEAL anu
bearing date upon said day, illegally appointed or
undertook 10 appoint the said oliver Charck and Hugh
the Office Of Police Commissioner OF the Cy
OF New-York copies of which certificates are hereto
annexed marked f and respectively. the said Mayor
appointing assuming to appoint the sau CnaGk & m dor
the period for which said Gardner was originally ap-
pointed the said Garduer for the period tor ~hc1
said Charlick originally appointed Inat the said
Mayor also administered the Odth OF once 10 salu
Charlck and Gardner, upon SAID pretended appOlns-
ments a., -.
np afD T.
as MtyOr of the CITY OF York, was lncOnsstent
with his duties as Mayor OF the City of NewYork, and
cnnStnted gross violation OF his official duty, which
was without precedent III the history OF tne State
threatening the peace and good order OF the com
munlty, aud calculated to bring the administration OF
Justice INTO contempt and which has been viewed with
astOnshment and Indignation by the people OF thect
without distinction of party. and imperatYey demands
from your hands his immediate removal by Your EXce
ency from his position of Mayor oI sald Cty VI Nov"
Your petitioners therefore pray that WILL by vir-
the of the power vested yOu ny law, at once cause tue
said W iam f. Hayemeye be removed from ms pO-
slion as Mayor of the City of NewYork, and will in
charges, suspend him from his said office
And your petitioners VIII ever pray, &c
OSWALD OTTENDOBFER,
JOHN KELLY,
WILLIAM Ii. WIcKHAM.
Here follows Oswald Ottendorfer's affidavit Ap'
peuded are Exhibit "A"-The report of the Committee
on the Affairs OF Cities regard to the MANAGEMENT OF
the Street Cleaning Bureau OF the Police Board OF the
civ OF New-York; Exhibit "B"-The indictment upon
which Commissioners Charlick and Gardner were con-
viced; Exhibit "C"-The notice OF vacancies in the
Board of Police Commissioners from Gov Dix; Exhibit
"D"-The letters of resignation OF the two COmnls'
sioners and the communication accompanying them
Exhibit "E"-JOhn Kellys reply to the communication
/ of the Commissioners; Exhibits "F" aud "G"-Ihe
certificates OF reappOintment OF the CommssloneFsJ
A SECOND APPEAL TO THE GOVERNOR.
| HENRY L. CLINTON's APPLICATION FOR THE RE-
MovAL OF THE MAYOR BASED UPON THE RE-
APPOINTMENT OF THE COMMISSIONERS AFTER
THEIR CONVICTION.
To HIS E1celiency JOHN A. DIX Governor Of The STATE Of
AcW-lOFk
The undersigned respectfully represent to
your Excellency:
l. That william F. Havemeyer Is now and has been
since st day of January 1872 Mayor of the City OF
! New. York.
H. That in the month of May, 1874 Oliver Charlck and
Hugh Gardner who then and until their trial ana
conviction as hereinafter stated hin the Court OF oyer
and Termner of the County OF NeW-l0rK c9nthueu 10
be Police Commissioners OF the CITY OF New 1OTH were
indicted by the Grand Jury Of the county OF
a copy OF the indictment is hereto annexed marked "A,
and forms part OF Tins petition. -, ., .o,, C,,
Ill Tuat the 2ith day OF June 1874 the sald Char
lick and Gardner respectively pleaded not guilty to SAID
Indictment in the said Court OF oyer and TeTmner OF
the County OF NeWYOrk GA the oath and 25th days OF
June. 1874. they tried on SAID indictment before
said Court and jury mpaneled Ca the 2otn Gay OF
the said Cbarlck and Gardner. g., 49,. -
nounced Judgment such convection and sentenced
said CharlIck and GardDer TO pay nDe edch OF S-5D
the 30th day or June, 1874, JACOB SPARKS, esd
Clerk of the said Oyer and Tcrmlner sent 10
your Exceencya certified copy OF sald proceedings III
SAID Court OF Oyer and TermlneT and notice OF the
conviction and the cause thereof.
vi. on the Ist day of July, 1874. your Excellency
havug that day received the said certified copy OF hc
proceedings and notice hereubefO0 referred O sent 10
the said William F. Havemeyer Mayor OF the CltY OF
NeWYOTk, notice OF which copy Is hereto anheAeu
marked " b." and forms part OF THIS peutloD WHICH
| notice duly received by hlm.
VII. After the AID William +. Havemeyer. Mayor OF
the City NewYOrK received said notice so sent TO MIN
by your Excellency duty devOved upon him TO ap.
point suitable and tit persons other thau tne su
/ Charlick and GardneD Police Commissioners Tor tne
Cty OF NewYOrk by OF the vacancies which had
occurred as stated in the said notice OF your Exceency
Will After he had received tue said notice so sent
him by your Exceency, aud the "a day OF july 1914,
he the SAID William +. Hayemeyer, Mayor OF the Ciy
of New York in gross and outrageous violation OF ms
duty as such Mayor and in defiance of law and public
| deceucy, appointed said Charl1ck and Gardner
respecvey as Police Commissioners Of the CITY OF New
YORK. appointing the said Charck TO the vacancy ere
ated by the conviction OF the said Gardner III the SAID
over and Termner DereinbefOre stated auu
appointing the said Gardner TO the vacancy created Dy
tue conviction SAID Charck n said court as here
! inbefore stated. The sad William +. Havemeyer,
Mayor of the City New York, thereupOn on the said
! 2d day of July gave the said Charlck and Gardner
respectively certificates Of appointment ao Ponce Com
mssiOners of the city Of kewIOrk, copies OF Whlch
said certificates hereto annexed marked respect
For the Official misconduct Of the SAID william +.
Hayemeyer, hereinbeiOTe set for;h your petitioners
pray that your Excsleucy Will remove him from the
| othce OF Mayor Of the City OF New YORK. o
/ HENRY L. CLINTON.
| Dated New-York July 7, 1874.