The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-29

UerIetI CHHTIICk Sufu to WAS
id shame and promised to restore him, but he
never fulfilled the promise and tried TO shiit the
responsibility OF the act on Gardner and smith
~ is proper that i should ada, also, that | SAID
that II any OF our inspectors were in any way
guilty OF improper conduct we were exceedingly
anxious that they should be removed, and were
ready to furnish the names OF unexceptonable
men 10 Take their places Four OF these men had
port who was present ut the time, and to him
protested against arresting innocent men.
now come TO the occurrences that have taken
place since last election day, concerning which such
u tangled web OF falsenood woven by the con-
victed commissioners, that scarcely know where
whole, perhaps best for me to state the plain
unvarni.hed facts for the consideration
Immediately y after election ds %s 2V what
gross frauds had been perpetrated by the Comms-
sloners and some OF the inspectors. the Committee
on organization OF Tammany Hall employed
Messrs. John r. Fellows ana George w. Wlngate
counsel to investigate the matter. As the result
of their abors whole mass OF testimony was col
lected against individual inspectors and clerks,
which was submitted to the District Attorney.
Mr.. Nachtmau the defeated candidate In the
Eighth district, in addition contested the seat OF
Schurman, who had been counted IN, but, rs IS
usually the case In such contest a partisan ma
Jorlty refused him his seat. In view OF that
partisan majority and OF the TACT that 1t was inl.
possible 70 prove by mathematical process the
fact OF his election, Mr.. McCabe the counted-out
candidate IN the Eighteenth district, refraned
from going through the form OF contestlng Bigln's
necessary to examine into the charge against the
Police commissioners, ana to this end the CO.
operation and assistance OF the Council OF Political
Reform were solicited by Tammany Hall. After
thorough examination OF the papers on which
these charges were based, an operation which
consumed some time, that body Unanimously re-
solved to cooperate III their presentation, and
General Joseph q. Jackson, an earnest republican,
was appointed counsel TO represent them. In pur-
suance OF a suggestion originally made by Dornan
b. Eaton, member OF the Council, Messrs. John
Stephenson, Joseph Haight, Jr and Hugh Tay-
Chaner and myself, on behalf Of Tammany Hall,
presented elaborate charges against the three
Barrett, the Judge then sitting In Chambers an
order based upon section OF the Charter
OF 1873, directing Oliver Charck to appear
and answer sucn questions as should be
put to him touching the alleged frauds, and re.
curing him to produce all the books and
records OF the Department OF Police concerning
election matters. In obedience to this order
Charlick submitted TO q long examination and on
the same proceeding Messrs. Russell and Duryee
and a number OF otner witnesses were examined
ana the books OF the Police Department were lor
the first time submitted to public inspection. MIR.
Eaton's advice proved OF incalcuable value to the
cause OF justice for il was from the results of that
investigation that we derived the legal evidence
and opinions previously. The Commission
ers had before that investigation refused
to show the records OF their ONCE to Mr.. Aired
J. Ackert, who had requested permission to see
them on behalf OF the removed inspectors; but all
OF the material papers were produced before Judge
Donohue IN that examination.
Finally, after the conclusion OF the Investigation
under secrlon --Of the charter, we went for the
first time before the Grand Jury in May last-which
charges under disadvantageous circumstances
to which | shall presently allude, ordered
four indictments against the Commission ,,
out nouice aud the three Others Tor removing
watchers from the polls. The Grand Jury were hur-
ried at the very end OF their session. forty indc
ments could have, no doubt. been obtained from
them as easily as Jour. AT about the same time
committee Of the Board Of Aldermen, headed by
Oswald Ottendorler, gentleman in whom every
one in New York has unbounded confidence, re-
ported substantially the same charges, coupled
charges were adopted by that body and presented
to Your Honor. The first OF these indictments was
purest and most learned judges on any Bench. The
Commissioners were defended by very eminent
in a conviction by fair and impartial jury.
SO lar from the case being Invested by the action
of the defendants OF all matters OF form as they
would endeavor to convince Your Honor, every
conceivable technically was raised by their coun-
SELL and ancient statutes were explored 20 see if
some old, neglected law could not be found under
which the Commissioners might have been in
dicted, so as TO vltlate the Indictment as found.
1t is true that the Judge limited his sentence to
the severest fine that the law allowed on the
ground "that In this particular case 1t was not IN
sisted on the part of the prosecution that there
wrongn The absence OF that proof was accounted
for by the circumstance that the indictment was
not have been relevant and admissible, and the
mere circumstances OF the case were sufficient to
OF witnesses could have been produced to prove
the wicked and willu intent to do wrong.'
owing to- the engagements OF the Assistant
Attorney General the trial OF the remaining
cases Was deferred to the next Term OF oyer and
Termner lin October), and we have sufficient evil
dence to warrant grand juries In finding numer
Gus other indictments against them.
Aluslon Is made by the convicted Commission
ers to the TACT that the case was not by
be SUFFICIENT to say Of this that an
New YORK, signed by Hon. $. r. Westbroo2, the
Judge who happened to be sitting in chambers,
rnaereo the and that Teerence to
that order, Judge Pratt (the Attorney GeneraD
visited this city on Monday and, as is his custom
under the management OF his able and competent
assistant, Hon. Charles $. Fairchnd, Of Albany,
member of the great law firm OF Hand, Hale,
Swarz " Farchid. But am not unwilling
to state, at this point, the reasons on account
OF which this order was solicited and granted.
against inspectors and clerks were found by the
then sitting Grand Jury. One. and one only Of
Hogan, who, acting under advice from an ignorant
lawyer, had attempted to act az an inspector by
ling, who had been duly appointed Inspector 1t
manifestly that Hogan had attempted no
fraud OF any kind, and had, indeed, made an un.
H the exsiusioS as q al others and Hogan was
subsequently pardoned by q republican gov
ernor. No one OF the other indictments against
bot or ever
"
charges backed by affdavits, were submitted to
MIR. Phelps against upward OF sixty other election
officers Not one OF them has ever been submitted
to the Grand Jury, until during the last week,
when, perhaps, the District Attorneys zeal had
been awakened by the fact that the Attorney Gen.
era In person called his attention to these cases,
and demanded to know why they were not pressed.
pressure OF business Is no answer to the refer
ence growing out or these facts, for the law makes
1t the duty Of the District Attorney to bring on
these election cases in preference 70 all others IN
the Court OF Oyer and Termlner. When the cases
against Charlick and Gardner were submitted to
the May Grand Jury (Which was done by addr ess-
ing directly to Mr.. William Paen, the foreman, re-
quest for their investigationl, the District Attor
ney threw in our way and In that or the Grand
Jury every conceivable obstacle He construed the
law against us at every point, and notwithstand-
ing that eminent criminal lawyers differed from
him. persisted IN advising the Grand Jury according
to his own notions-notlons In which, 1t seems, he
does not obtain the concurrence OF the Court. And
yet, after the indictments had been found, Mr..
Phelps, Notwithstanding that his own repeatedly
expressed views were hostile TO the theory OF the
prosecution, refused to allow Messrs. Fellows and
Wingate, the only gentlemen who were familiar
with these cases, to he associated with him In