, 1875-02-07

| evening, where he might perhspa find O'Brian
TINT next morning Pascheck entered the Col
| gone to Springfield said that he had 40 orde
| from the Court about the Gas Company taxes
! and asked il it would be any for him to 1ea.
! it to ahant. who replied that it would be no use
| as he bad nothing to do with the levJing o
taxes; that Puscheck then left; that af1iant dit
not inform O'B1en Of the statement made hin
BY Puscheck, and affiaot believed that O'Brieu
| knew nothing Ct the statement by Puschecl
about the order OF the Court until tho afternoon
Of the 26th Of January, aud after O'Brlen haf
made the lsvy on tho property Of the Gas Com
! panY.
The affidavit OF
set forth that on the 25th OF January last he wae
requested bY Collector O'Brien to 70 with him to
the West Side Gas-Works to act as custodian, aa
oBrien vas going to levy thel eou; that they ar.
rived at the works between and 2:2O p. IA. aud
entered the small Office, where they found enc
Patterson and Aid. McC1oty; that O'Br1an
began to read his warrant, and while thus read
ing one Atkinson came in. clustered round, and
said be would let them see that they could not
take possession Of the place that O'Brion then
vent out and instructed afianl to close the gates
nh1ch ho did; that after this Was done Q'isrien
re.entored the Office, when the Deputy Sheriff
told him that he had = writ for him, which he
began to read; that o'Bsien interrupted him with
the remark, ''You arc too late II that
tue Deputy Sheriff then held out to 0'Brien
paper. saying something about lts being
. copy, and attempted to place it in O'Brien's
nana; tnat ~ bl1en "oula not taxa II, and pc
tweon nse them tue paper tell to the GROUND. when
ob'oh stoopeu anu pIcKeo y up ano P!acoo II
On wheel standing in tue othce. and won't array,
leaving afiaut in cnarge; that afhant bad heard
read athdavlts charging O'Brien with throwing
GOWN anu AicRlne tns paper ana saying he dla
nos care aamn lof tne "r.I; that obfien oao
nos 10 10, tne oaly Vlo!ent language useo oeinS
tns5e n were enough men IN tue WORKS to throw
oDren anu CUSTODIAN ons INTO the street, TO
"n1cn nflen Iesponoed toas II necessary ne
YOU'D ca1l upon Tue poilce 70 protect us casto-
aian; tnae TUG gate5 we're closed ana alnane
placed 1I the possession OF the works before the
Deputy-Saef1n came H. and that after he came
oBlen SIMPLY told alhant to remain in Charge.
1ne amdaYlt OF
LAWRENCE oBRIES,
colector Of the Town OF West chicago, sets
torth tAat ne had heAsd read the athdAslts OF
henry ". zimmertnAn, John AtKlnson, and g.
&. i'uschek, tiled in the case Of the Peopla's
Gas-Llgnt d Coke Company VI. Il. OBrlen, Col
lector, ct al; that a. COLLECTOR OF the Town Of
West Chicago ne had q ta1-warrant against the
Nest Side das-Llght i Coke Company for
tax OF s.; thai lie culled repeatedly at the Of
ice uf tho Company and demanded payment OF
the tax, which was a. often refused; That jan.
2G. 1875. ha took tho tax-wa1rant and proceeded
to tie office Of tho Company at the corner OF
pose Of leyyiug upon the Company's property.
taking with him Thomas J. FITZGERALD, Que OF
his cloks, to net as custodian that he arrived at
the office At about p H., md proceeded to read
his warrant aud took possession Of The Office and
property lhe.ein, aad placed Fitzgerald therein
business but to keep count Of and take charge
OF al money that should be paid into the otfica
Tor the Company; that after he had read the
warrant, Zimmerman. tho Secretary OF The Com
he had been enjoined; a1iant answered that ha
had heard nothing OF it; tlst he then left tue
office OF tho Company aud Went to his own, and
then returned to the Co.npany's office and asked
II they would consent that the Gus
todlan should have the keys, and loca the Office ]
1t night aud open 1t IN the morning at the usua!
lime that zimmerman Woutu nos consent. and |
afhant told the custodian to rom.In and hold |
possession during the night; that be then took |
auolher OF hlB cierks named Timothy Hays, |
u TweEty-secona stloet and Centre avenue;
'hae he touud there 10 charge AID +. McClory,
md IN The office With him one Patterson that.
'hile he WA eeading tho warrant, Atkinson came
D and llusta.ed around. (Ihe nf1iank at this
}olDt corroborates the testimony Of Timothy
1aya III the previous affidavit with regard to
ho alterca:ion with Atkinson, and tie entrance
4 pu.cbek with pa2er.)
1he affidavit further sets forth that afhant
old PuscheE lie was too late, that he might go
~ AAQ A0ALf Q0t tAt1t heAA4s EVAlA I'LL Nall ! /
lat Pnscaek offered him Il copy Ut ths paper
nd laid 1t IN attiapt's book which contained hla
:. that atiiaut took up the book
U take With him, aud as he did 80 tic paper fell
. tho 1ioor; that he stopped down and p1ckod
up. and put it in the desk went out OF the |
flee aud returned to bis own; that no words Of
isrespect to tho Conft we're ut:eled By atianl;
ut were used to tho Gas Company and lis
ervants, which, in his opinion, were trying to
VIue payment OF the taxe8; tlas preVioaH TO
be statement OF zimmerman III the Office ot the
rus Company: while 10 was reading his warrant,
9 had never heard from any person anything
bout an injunction IN the case; that he had no
1fornatlou from any Of bis CLERKS that Sheriff
ad an Injunction or any other kind of writ for
i'm. aud thas 10 never IN any way sought TO
Vade the service OF eny such writ or process
pon him that when the process was served
pon him he did not think It bis duty to release
u levy or undo nhat he had done, but that
tier such service he took no further etep except
} report tile Instructions to his costod!ans to
old possession; that in giving such Instructions
WAS not the intent TO violate the order OF the
ourts. but merely to keep Affairs in the con-
hon that They we're in when the order OF the
ourt reached him f; that heneser had the slightest
|ought or antent!on OF dlso6eylng the oider OF
10 Court thas this pEoc=edlng was inspired BY |
10 desire OF said Company to revenge itself
Jon atdant, because as public officer he sought
- ~ IL. ~rS$ f~vx rt1Su.