The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-03-23
TRIAL OF CAPTAIN KILLILEA
THE PROPRIETOR OF CENTRAL PARK GARDEN


TEsTIFIEs-THE TRIAL ADJoURNEp.
Captain Killilea, OF the Eleventh precinct, was
again arragned before the Board Of Police Com.
missioners, at two O'Clock yesterday afternoon,
to answer the charge o! having illegally, ana Ia
violation Of the rules OF the department., received
various sums OF money at different times, in the
years 1871, 1872 and 1878 from Koch Erotners, pro-
prietors OF the Central PARK Garden.
This is the second charge OF this nature against
the Captain, the first having been tried before the
Board on the 18TH inst, the prosecuting witness
being one Kasseiang the proprietor OF a beer gar
Den in the Twenty second ward 1t will be re-
membered that the decision OF the Board was
served in the Kassefang case ana has not yet
been rendered.
large number OF spectators were present in
the court room, ana appeared to take a deep in-
terest in the proceedings. Counseors Brooks
and Fellows appeared for the defendant. and Chief
Clerk Aawley. as usual, conducted the case for
the prosecution.
When President Matsel announced that the
Board was ready TO proceed TO trial Counsellor
Brooks arose, and in II low tone stated that he
had an objection TO make. He called the atten-
ton OF the commissioners to tae fact that no
decision had as yet been rendered In the former
case In which mis- client was defendant. and until
that was disposed OF the Board could not proceed
to the consideration OF the present case Suppose
the Board were to decide that Captain killlea
was guilty of the charges In the Kassefang speciG-
cations their Judgment would naturally be dismis.
sal Of the accused from the police force. This
was The extreme penalty that could be indicted,
and ON Its execution the defendant would be-
removed beyond the pale OF their jurisdiction.
Tue Board would stutiiy Itself II it undertook to
try the now called until 1t had decided as to
the guilt or innocence OF his client In the previous
a 4 mi IL a N a IN IN
the first degree the penalty II lound guilty being
DEATH 1t would be absurd to arraign MIN FOR trial
on another charge pending she rendition OF the
verdict in the drat case. II the verdict was
equity" MS conviction GU any other crime could
not add to the penalty. The present case was
CHEF clerk Hawley followed, taking the ground
that there was no similarity between the Two
judgment OF the Board. Tney might, Tor augnt
that was known acquit the defendant or lnnlct
slight penalty. He contcnded that the Board
could certainly proceed 10 the trial Of the present
case irrespective OF all that mad gone before.
The objection was 'overruied and the deience
took An exception.
MIR. Brooks then moved to dismiss the case on
the ground that the dates mentloned III the speci-
hcatlons were anterior 10 tue jurisdiction OF tho
present Board. THIS was the motion, he went on
TO say, that ne had Wade and argued At the pre-
He made 1t now In the expectation Of Its receiving
q ike fate, intending 10 take writ Of certiOrarl
lie would suggest that the Board postpone the
case until the supreme Court had passed upon
Tue question Of JURISDICTION.
MIR. Hawley opposed any postponement OF the
case. The course OF the law was iiaDle co be ons
aud tedious, ana he could see no objection TO going
on with the trial pending the hnal disposition of
the question.
Alter short consultation among the Commits.
sioners President Matse announced that the
case should go and the defence excepted.
The hrst witness sworn was edward ShafIer, or
No. 629 Madison avenue, who stated that he was
financial manager for the Koch BrotAers &C the
Central Park and Terrace Gardens In 1873. In
eacn OF the months OF May, June, July. August and
"a n q mad mi IN IA mil
officer named Galney, In Captain kltea's com
mand. the sum Of 800. lie mad never paid any
money 10 Captain killilea personally, but IL was
his understanding that GanIey was 70 hand 1t To
the Captain.
on cross Examination the witness denied having
been approached oy ANYBODY with reference 10
his testimony since he had been subponaed as a
witness; he Was not acquainted with ex.sergeanE
Miller, OF the twenty second precinct: Lae money
PAID " Ganney MAS supposed TO be Tor police SER
vices
above named, next put on the stand, and
created, in the course OF his testimony, decided
sensation In the court rooal swearing TO fact no
less startling than that ne had PAID money to the
late superintendent Kel3o and also TO The OLD
Board OF Police Commissioners
Matscll opened wlue his eyes as the broken Eng
sh OF the witness laid bare this unlocked for state
OF affairs Duryea adjusted his spectacles aud
glared nercely through them at the stolid Ieuton,
VINO appeared entirely ignorant o. having SAID
anything out Of the ordinary. Disbecker twltcned
in his chair and glanced uneasly at mis- colleagues
VITA plain interrogatisn point depicted on his
countenance, ana WORMS settled himself with n
air Of determination as much ~ 70 say, "Now,
then, 20 ahead out with it.n But the excitement
was short lived. for the witness handy explained
after some ten minutes deiav that the money
PAID to superintendent Kelso and the old board
was the salary oil patroman specially aetallea
| for police duty In his premises proceeding en-
| trey proper. being In accordance with the regu-
latlons OF the department.. Dream OF rellei went
up from nearly ali present wneh tue explanation
Was given.
MT. Koch proved rather bad witness for the
| prosecution, as he deuied having any knovcuge
! OF money paid 10 Captain kiea, either drecuy
! OF indirectly.
the deendaut's counsel we're exceedingly JUDI"
| liant over his testimony and declined " Cross
| examine him.
Mr. tiawlev then arose and moved that the case
be postponed, IT, enable BIN 10 procure nnpOrtaut
| evidence newly discovered. Counsellor telio 3
objected to any postpOuemcnt upess the nature
OF the evidence was stated, ana long discussion
| ensued, at the end io which Lhlei CLERK uaMleN
explained that the evidence ne wished 60 obtain
| was In The possession oi a witness wac uad JAILED
TO appear.
President Matseil, alter consulting his asso.
| GATES granted the acton ana ADJOURNED Lhe case
! until next Monday a tuo 4. NJ.