The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-12-23
rILTS WITH COUNSEL.
Mr. Ely Declares His Purpose and
Conviction.
STRANGE ES.


Erhardt, Wheeler and Nichols occupied the time OF
Mayor Ely from until late nignt During the
proceedings the Executive chamber crowded. as
on the two previous days. Several OF the poiice cap
tans occupied rear seats, while Aldermen Purroy,
Cole and Morris, Thomas j. Dreamer and other local
political celebrities remained for hours listening 10
the testimony. Several attempts were made BY the
half dozen counsel OF the Police Commissioners TO
delay the investigation with technical objections,
but Mayor Ely was positive in his decision and In
sisted that the examination should so on
PECULIAR kUMoRs.
The politicians have oeen busy with rumors during
the past icw days political bargains having
entered into between Ex-Governor Tiiden, Governor
Robinson and Mayor Ely IN tho matter OF the Police
Commissioners, with view the overthrow OF
Comptroller KoIly. Mayor Ely was questioned last
night by the HERALD representative as these
rumors Tho gentleman only smiled suggcs-
lions aud Tell back upon his scm.judlciai position
In the Police Commissioncrship controversy as good
excuse why he should speak for publication on
the subject at the present time.
PROCEEDINGS.
Mr.. Charles Watrous the frst witness examined
yesterday in the Wheeler case. lie testified that he
was famlar with the working Of the Police Depart
ment; considered that great Improvement had
taken place in the efficiency OF the Police Department
during the past fourteen years; thought the orce
ment oil tho Excise law had been beneficial and that
crime had decreased in consequence; no was one Of
the committee Of three appointed by the Municipal
Society TO the street cleaning the result
Of his examination that the Police Commissioners
had dono the best they could In the matter.
Mr. Field here read the OF the Court
of appeals Excise law given March OF this
year. lie also passages IRON Judge DAVIS
charge to the Grand Jury November tho sale of
IN
Snow, Mr.. Mayor, the second charge which you make
against the Commissioners that they have
the law pasmodcay and made 1t odious. Does not
Your Honor refer TO the Excise aws"
Mayor Ely-No; no. to the Excise law only, but to
various other laws.
Mr.. Field-What other laws2
Mayor EIy--ln relation 10 arrests Of gamblers,
street walkers and others. A great many complaints
have been made on the subject in the press
wise.
Mr.. Fied-wcll, Your Honor, / assure you I never
dreamed that you referred any other law than the
Excise, and am quite that my colleagues thought
the same as did.
The other counsel here nodded their assent to tho
latter part Of Mr.. FIELDS remarks.
Mr. Feld-rhis Mr. Mayor. is new TO US, and we
would ask you TO allow Us to reopen the Of Mr.
Erbardt in order TO Introduce evidence the subject
Mayor Ely-Do you make motion to that eIcct2
Mr. Field do.
Mayor EIy-Then your motion Is denied
The astonshment Of Mr.. Field was evident
COMMISSIONER wHEELER's DEFENCE
Police Commissioner Wheeler was then
witness lie testified to the excellent condition of
tho station houses; to cleaning the streets, he
thought the Board mad executed the law as well as
they could; lie had sought other result than
carrying out the law as he iouna Il. Mr.. Wheeler
gave explanations to his carrying the
Excise law and summarized defence by stating that
lie willing take the testimony in Commissioner
Erhardt's defence Tor the purpose oil governing his
own; the Comm issioners bad enforced the law
10 lcwd women the streets the any
other; there neglect executing
the against gambling policy shops; the record
showed falling of Of about thirty per cent In
for criminal offences the enforcement Of the Ex
cso law; the Mayor frequently VISITED the Police
Department, aud had not any complaints to the
Commissioners as to non-eniorcement OF the laws
against ga milling, policy shops, &C.. or as to eniorc-
Ing the law in a spasmodic manner
IN DEFENCE OF THE POLICE BOARD.
Mr.. Sinclair Touscy, member OF the Prison AS
socation, gave character to the Police Department.
He thought there great Improvement in its ein-
clency the condition OF tho staIion houses particu-
larry came under his observation. lie also testified
TO tact that as far as he knew, tue general opiuon
oil tho community was that the enforcement of tn
MR.. BEkGH's OPINION.
Mr.. Bergh, oil the Society for the Prevention OF
Cruelty TO Children, gave his testimony as TO tho
efficiency OF tho police; he had tho ponce forces
Of all the civilized cities OF The world and he had
witnessed better force than that Of this city
II could get ril OF the influence OF politics The
trouble 10 street cleaning could DO solved; mo
Police Board hal done much q could b. expected
under the circumstances charging this duty the
gentleman noticed that the Muscovtes OF ST. Peters
burg got oil the from Inc streets by sweep
ng it into their houses and there destroying II in
mn M. ~ ue-4a "A % IN nj NOR
to Mayor Ely Official as he considered he
10 admin ster the affairs Of his department better than
any OF predecessors.
Mr Buell., president OF the Importers and Traders
Bank also gave character TO The police and thought
Board could not the force better than tncy
did He thought there was general I'm proveluent
School Commissioner Dowd, Tor thirty three years
O vi New YORK, complimented The police for
Their efficiency and discipline particularly during the
dangers from threatened Iabor riots last summer.
The action OF the police at that time ana since had
increased his respect tho force. The OF
the Commissioners, IN his opinion, would have bad
elect upon tue pubic mind
Ex-Dock Commissioner Wales followed In mo same
complimentary strain as to the Police ommssioners
and the under their control.
DISTRICT ATTORNEYS TESTIMONY.
District Attorney Phelps also gave c.idencc
police efficiency. He always found the force ready
ana active; IN his Judgment tue department was
efficient ana Impartial in the enforcement oil
the law as ut present. The witness explained tue d-
ncrtics oil enforcing the laws against gambling. IN
many cases The com painant being the only witnes
be procured. Mr Phelps explained the uncertainty
OF tue Excise law up tho time OF the decision by
niissioDcrs could h1vc discharged their duty In
foicing tnat law without doing Is they hau done
John II. Siranan, a lawyer, was called TO testify 10
relation 10 the removal OF Marshal Carey, undor
Mayor Havcmcyer; the latter gentleman concluded
that II was necessary Tor nIm 10 investigate tho
charges and permit The accused 10 submit evidence;
he also held that such evidence should DC matter OF
record in order 10 show the documents to the Gov
crnor " so desired; Mr Havcmeyor also adopted The
same rules a. " commissioners OF Charities and Cor
recton; Mayor Vance subsequently took up this
ter alter Mr Havemoycr's death, and entered INTO n
inv bof ia mad
Whatever as To charges.
GAuBLIsG HOUSES AND POLICY SHOPS.
After three O'CLOCK recess Captain Mcdonnell was
examined. His attention being called 10 the manner
in winch the we're executed as to sireat walkers
he stated the Egsth precinct during tho past
year there arrested every hours
averaging in number from FIVE TO twenty The law IN
,uls respect has been uniformly executed; lie had
not a gambling house or faro bank his pre-.
.uct; the establishments had been raided upon and
,hc proprietors arrested 50 as 10 break them up;
jLcrc policy shops IN the precinct, but II was
refy hard TO Ureax them up they adopted all sorts
}, ingenious means 10 escape detection; ms instruc-
aons headquarters were 10 execute all laws uni
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