The New York herald., 1876-07-28
Action Of the New York Police
Commissioners.
THE JUDICIAL PROCEEDINGS At FORT HAMILTON.
Official Opinion on the Question
in Brooklyn.

opinion that the action of the Brooklyn police
illegal, and much sympathy was felt for the of
the captured tug, who merely employed by the
Street Cleaning Department for certain specific work.
Early in the day consultation was held by Comms-
sioners Erhardt Wheeler and Nichols and the matter
was referred to Counsellor Mclean for his
opinion Both no and Chief Clerk Hawlcy
clear that the action OF Ferguson Illegal,
that each OF the could for false
mprl lsonment They held that he was explicit
making imperative for prisoners to be taken
without delay by tho nearest route. The Cheney was
captured at Fort Hamilton, and instead of tho prison
ers being then and there disposed OF the Brooklyn
police carried her two miles down the Bay With re
gard to the law under which the Shore Inspector claims
tn act, they stated that it was not applicable to the
Street Cleaning Department, because ona or fen
material was taken by them. The swcepngs of
the the small percentage vegetable refuse
from private houses they claimed he offensive,
that quantity OF it that did not sink purified by
The water and even il washed ashore not deetcrI
Commissioner Nichols explained that tho
were always started from the dumping grounds when
the tide was favorable and arrived IN The Lower Bay
within two hours. The material was invariably all
dumped on an ebb tide.
Whatever oIal washed ashore was from the
Street Department soows but from other departments
Any inspector of dumps found guilty Of receiving any
the orders being exceedingly strict The Commissions
claimed that II was absurd to place the Street
Cleaning Department OF the city within the of
individual and the law being framed with to
wind and tide, which could forctc, delays. ill.,
convencnces and serious obstacles would be the result.
AT three O'Clock Commissioner Nichols and Captain
Gunner and Counsellor Mclean started for Fort Ham,
| ilton to attend the examination.
SCENES AT FORT HAMILTON.
Tho announcement that the dispute between tho
police OF the two cities would eliminate in cxam-
nation beo Mr. Church. Justice OF the Peace al Fort
Hamilton, attracted TO this place motley crowd, who
had supposed that country justice knew little OF law
Justice Church tad gwen his decisions. Inspector
Waddy, OF the Brooklyn Police force, was promptly
at the Office Of Justice Carpenter accompanied by Cap.
tain Ritter 81 tho Eighth precinct and sixteen officers
detailed by order OF Chcl Campbell. IRON the Eighth
and Third precincts OF Brooklyn.
AT haipast four O'Clock there was not representa-
| tive OF the New York police iorcc prescnt, vita
the exception OF the prisoners VINO had been taken
Inspector Waddy, who IN civilians dress, was
quietly playing the part of citizen on The YER
anda OF the Justices office, with Assistant District
Attorney Smell, his associate on one side, and
the drill officer o. the Brooklyn police force on the
other Hank waddy was uncovered, as were ali his
associates who were ctzen's clothes, but behind
them were determined men, prepared to meet any
officials from New York who acted upon the pie all
vice OF Counsellor Mclean, OF the New York Police
Board who every seemed TO think was responsible
for the unfortunate conflict OF authority between the
police OF the TWO cities While the Assistant District
Attorney, Inspector waddy and his associates were
sight and boldly approached the dock waddy had no
arms draw, neither had the District Attorney In
specor Waddy explaining 10 The wrltcr that tho Brook
yn police iorcc under TIE rucs were not perntedto
In this dilemma therc. was nothing tor
HERALD reporter TO do but to volunteer to go dosn ON
the dock and report the strength Of tho
enemy to Inspector Waddy, II he succeeded escaping
death AT the hands OF the shoed cannon that nus
so long sumbercd on the deck OF the rotten
Seneca In imitation OF Stanley the reporter leisurcly
proceeded 20 the deck and mot captain kiliea oi the
street Cleaning Department, and one OF the owners
OF the tug Cheney. The Brookb police had, IRON tue
''ovcrlook' the hegh,s, observed that the Seneca
had landed but two and they at oncc ieit relieved
No hostile fleet was IN the ofling no brigade had been
| landed flank tho valiant sixteen commanded by tue
| Inspector, the man Ferguson and Captain Keller,
VINO still held the prisoners IN his custody Waidy
wied ~hcn tho HERALD reporter. accompanied by The
mid ma Kllilcn stepped upon the vcranda and
courtcousy remarked
Inspector waddy, Captain Kiililea
Tho introduction was SO simpc that Waddy and Kill
lIlca friends, and while they were left to
settle the differences between their respective
mands The HERALD reporter devoted mis- attention 10
more interesting matters.
| THE PRocEEDISGs.
Meanwhile waddy, the Justice and the Brooklyn
police were on the lookout or reiniorcemens via the
Seneca, that had steamed away after LANDING the two
passengers TO the station Island SHORE. The propaili
ties Of sinking Hank smiths old yacht, tue Seneca,
freely discussed by the police officials and the
cited residents OF Kings county and the general verdict
was well expressed by young 'frcsnman' oil the
force when he said In the presence Of the veteran
| Waddy:-
| "Let em come The Hopkins can sink her!n
Alter gas had had fu,l vent Justice Church took his
seat and for the lrst time there order. The JUS
| ticc opened with the remark
''Wnl you be kind enough to see that nobody comes
inside the chairs. These, pointing to the accused,
''are the prisoners"
| Assistant District Attorney sncl-I have received
despatch from Nr Mclean asking Your Honor to de-
| lay the examination TIL he arrives.
| Justice Chuich--When did you get UY
Mr. Snci- received 1t down stairs Just now, about
| four O'Clock
| Justice Church-Thcn viii wait tor his arrival
| After waiting nearly an hour Commissioner Nichols,
Mr.. Mclean anJ Captain Gunner arrived on the tug
William Parks and at once proceeded to the court
| a II nsto sh mel a
all concerned. Meanwhile the Justice dcnurcIy looked
and awaited the action OF the representative OF the
District Attorney OF Kings county. Al last Mr. Smell
arose and moved tho examination. This was objected
10 by the counsel OF the New York Police Board and
argument followed "a TO when the examination should
tako place Mr. Ferguson, tho shore inspector.
consulted. but neither counsel seemed satisfied While
TINS consultation being held thc prisoucrsJobn
Kelly captain OF the tug Cheney; Sias Peterson, EN-
gncer; Levi Brodhead deck hand Richard New
banks, fireman; Bernard Lynch, steward, and Robert
Anderson, passenger-sat there as quiet as men could
well be- Finally, after a long conference between
counsel the Justice decided to admit Kelly TO bail in
S. 900 and the others $1,000 each. Counsellor Nc.
Lean waving an examination.
partnen present and directed tho young lawyers
| and the young police captains OF tho Police street
Cleaning Departments what to DO. When 1t became
poscd abroad that the counsei OF the New York Police
Board the nephew Of Governor Tilden terror
seemed TO take possession OF the entire Inhabitants OF
the lit:ie hamlet. and Mr.. Mclean, Commissioner
Nchols Captains Gunner and kilIilca aud other olai
permitted to escape over the deck OF the
Cheney. which held by Deputy sbcrn Mcbride, OF
New Utrecht aud board the Peck Tor New York
Commissioner Nichols landed part Of his command
at coal yard near Hamilton Jerry, and the Peck lay
gsle until the force had scaled the high fence
closing the coal yard Commander -in-Cnrf Nichols
then steamed the New York SIDE discharged the
newspaper brigade about halipast seven. and, wrap
ping bimsclf in the shrouds steamed He-Gate wards
No blood shed, baions were drawn, no pistols
! primcd, reserves called out Thus ended the
! ''second battle OF LoLg Island. y
bRooKLYN's POLICE rvsrEcroR's
HERALD reporter inquired OF Police Inspector
George Waidy, OF Brooklyn, what his opinion was with
regard to the belgercn attitude OF the New York po
lice on the Seneca the Bay Wednesday last. The
Inspector :"I regard the action Of the Now York
Commissioners in thus instance as most outrageous
imagine what they meant The thirty oincers--
not ior,y as has been publIshcd-scnt from Brooklyn
TO aid snorc Inspector FERGUSON never for moment
supposed that they would be brought into conflict with
| New York policemen. Why, the Shore Inspector is
State officer and has jurisdiction over the shores OF
New York. KIngs Queens. Westchcstcr and Richmond