New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-06-27


4 positive duty epoined upon the Commissioners OF
Police when they except IN sorso specedd ease;
them for VIOLATION Of specific act en)oined In that
scctioDbefore that time 1t part OF the duty OF
time enforced by the Police Board There was no such
duty incumbent upon these Commissioners until ina,
section the law written which we have PROVED
thew violated Under no other could they be ndct
cd in consequence Of what they did You may punish
sT or the D,ga,ors there no penalty provided
the unless find it In the law cited In this indie
ment d.. $3.50. - -. y = - -. r....-o.o, ,ho
point but evaied the whole question Let him take
I'M this section the statute have quoted, aud tell US
what 1t means. It cann0t be brushed ont OF existence
by simply ignoring it, Were not the defendants oilicer,
mon whom enjOned duties IN relation toeiecohs
Certainly they were they amenaoie to It's proVs
ions and the punishment Is provided ,,, neglect Of
duty and corrupt conduct have not indicted the
Tor either wiif0l ncSieot OF corruP' oo
'I Mr.. FnIerton-There! thought he wond put bis
,ont ipto rho MASH and therefore crowded him into IL
1Iourhierl. because yesterday he claimed 1t was a
wfnl neglect c duty, and he stated then ma, "noo
the statute provides that public oger sha, ag
Attorney General Fairchd-l had supposed we hau
satisied your Honor at least as to the %
ibis statte and that you had satisfied the cOuhse Io
The defense the construction which you put UPON
IT, but it that their medtaons OF .ns nSns
day Section 80, second volume OF the Eevissu ,h
contempares That there duties eHjoned ana thoss
Jutes eDioined are thing They are not indicted
under that Section contemplates mat there ar, aGts
prohibited and that there are other acts tnah TIC uu'
enjoined which referred TO In Section 81 49,,
Judge Brady-The points on the part Of the defend
ants very easily understood ana ans"eeu the in
dictment there answers: The hrst II, tnae to
defendants are tried tor msaeneaor IN this State re-
garded surpusage, when tue cnaIsc1 III t 20.
indictment amount 10 gsey ssd nv Mr. Fullerton it IS
sufficient say that the Act OF 1872 PROVIDES no
and punishment for the oiense 81 wbcn he sovcrnrd
by that provision OF the Revised statutes whefG .,o
Of any act provides nS p eau for
violation Of the stautethat provision under Which .
DEFENDANTS were fndcted-ths statute apples. ana
therefore they be punished AS IN sucn cases pro
yiied. The statute which says, II any ol'cer ~,
whom any duty Is enoined In this CHAPTER or ~ any
other section relating to elections, shall DC guilty OF VIII
full neglect" &C. does not apply to TINS case Inc 1e
PENDANTS not indicted for wnl OF Tbe o
we're indicted and convicted Tor usurpato, VI o1
doing act they had no 0a pg anp TO ac Inc motions
therefore, be denied Sow's eh''eihen % 'n''' ''
THE RECORD OF CONVICTION.
After this concise disposition Of the questions at ISSUE
some little discussion ensued, in which 1t was finally
agreed on sides that the verdict should DO ehtereu OH
the record-to save what Mr.. Hall feared would mill
tate against his client In later ycars-as foows Gmy
OF the misdemeanOr charged in the Indictment IL
was some time before the counsel for the defense cou
he satisfied that sentence must be pronounced and this
led 10 sharp arguments TO whether the Judge must
sentence within 10 days after conviction according to
the new election law Gen. Faircbd cited an OLD case
in tho English books where the convicted onlcia
coroner appeared to be q weak and silly man; ont'
commented the Court then, "weak and silly men must
not thrust themselves public Offices and Gen. Fair
child added his comment to that OF 100 years ago
1t never applied with greater force and truth to any
country than 1t does in this to-day Applause, quickly
by the court officers These men may have
been ignorant they have been men who have held
plbic positions here for many years, and say 10
them, upon this plea of ignorance OF the law
that ignorant must not thrust themselves into
public Offices" Ex-Mayor Hall deprecated this ex-
presson explaining that they not ignorant OF the
law but they msconstrued it. They snned. said he.
much like the in the poetry, when she loved not
wisely well and the speaker added In reference
TO the applause which had signalcd Gen. Farchild
argument: II don't expect anything 1 may say VIII
hiring applause because l didn't bring my crowd with
me-"
TIE SENTENCE.
Judge Brady finally oyerruled everything, and dcliv.
cred the sentence Remarking that it was unnecessary
for him TO dwell upon the character OF fhls Onepse
further than say that an election inspector Is mah
who holds very high and responsible position he SAID
The circumstances disclosed in this case In my judg
meut do not Justify IN ibhcting any more than
fine because It not insisted on the part OF the
that In this particular case there was any
proof Of wicked willful intent to do wrong The
of tho Court therefore Is that each OF the de-
PENDANTS pay fine OF S251'
Commissioner Gardner paid his hne, ana ex-Mayor
Hall drew q check for Commissioner Chariick
NOTICE TO THE GOVERNOR.
Then Gen. Fairchild formally moved for an order
directing the Clerk 10 give notice Immediately to the
Governor OF the conviction with the cause the sec
lions OF the Revised Statutes bearing on this point are
found in the statutes relating to public officers Article
T. Sections Al and AZ, ms follows
Whenever officer shall be convicted Of an Infamous crime or OF
an fru involving aon bis oath oohce aud whenever
be declared
before shall be hal By which such decision
sh, be neatey notice hereoto the Governor
stating the cause o such conviction or decision
immediately notice OF the creel
y decision to the body board or officers whom
the the Office vested whose duty may be by law
10 order VI the election supply the
few words passed In regard 10 setting time for the
trial of another Indictment the counsel for tho defense
demanding the right to be declared guilty or innocent
at once and Gen. Farchild expressing his Inability to
do any thing in these cases before October Judge
Brady finally fixed the date on the FIRST Monday IN