New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-12-21
THE TRIAL BEFORE THE MAYOR.

answer 70 the charges preferred by Mayor Ely was be-
gun yesterday noon, and the proceedings attracted
large number Of persons 10 the Mayors Office Among
the first 10 arrive David Dudley Field, Dudley
Field Eihu Root cxJudgc William Fullerton, George
Bliss Charles f. MacLean and John l. Davenport all OF
whom are engaged in the defence. They were almost
Immediately followed by Commissioners Erhardt'
Wheeler and Nichols and several inspectors and captains
Of the force Among the many politicians and Others
present were Gideon j. Tucker, Salem II. Wales Con-
gresham Cox, and state Senator Hogan.
Promptly az noon Mayor Ely took his seat and said
mat charges had preferred by him against Police
commissioners Erhardt, wheeler and Nichols and as re
Qured by law. he gave them opportunity to an
swer them ExJudGe Fullerton read the charges. as
already published In THE TRIBUNE and contended that
they were vague and general in their nature The Com
mssioners were charged with derecton Of duty in the
matter Of street cleaning and with making law odious
By enforcing il at certain times aud not at Others There
was specification 81 dcrclcon OF duty, and theJ were
not prepared 10 meet the charges.
A mOmcntary silence followcl<khc remarks, when
Mayor Ely asked if the counsel lNny further remarks
TO make Mr. Fullerton said they wanted the charges
made more specific; IN fact they wanted a bill OF par
tculars. Mayor Ely asked if he had any motion to
make. and when Mr. FGlerton repeated that they wished
the charges made specific the Mayor replied that
the trial would proceed with the charges as they We're
Mr. Fullerton then applied for ostponcmont on behalf
OF Joel b. Erhardt, and read long affidavit in
support Of the motion. In this claimed that the
charges were served late the evening OF December Is
and were so general that IL had been impossible, In the
short time, TO prepare reply. Each and al OF the
charges were untrue MI Fullerton said that they had
similar alayts in the other cases and de,P,d tlat
should be understood that applications were made
IN behalf OF the other Commissioners. Z
Mayor Ely said nc dii no regard the atcnant in the
affidavit as sui gent justify postVhucmcnt. An eV-
cepton taken and then Ehu ROT read The answer
OF Commissioner Er ari, cafc was first taken mp
for consideration.
This answer the principal points which were given
fl THE TEIgrNE of Yesterday sin substance "a follows:
F,,sf-IIat Che term for which 3Ir. Erharjt was APP
pointed, expired on April TO- but that ho BIAS continued
70 ul'tnii-e '.e v .i W '', ' tui ~ a. ii,
tic rxlrui hy the .ruoirtncu Of successor and such
successors confirmation iF t.c Board oi 4 o'fh,H;
MHe!eluit .ic 'O-'.; ' o ,, T.. r.-;" I'm,
without tGt cone irreuce OF tie Board ~ Aldermen
S,con8-Ilai ING cnar-,s bd-e "-dhs' y 'n 4i' Eo /
Natue "nI I,'," '...' u, ,f " '' 80 ''
J;rJIIL4. tc .i,.r served pI uim contain, c1arees
only against i1c b'irl oh f"Ig.' au1 70 tI. gfgt,
ins lS l,o' '' ,."' i .. ., ,, ir nm. Pr'sI,n,
asat Whom no charge are preferred: tltJ Tie Mayor
has 900 power o. remove iliS r.lohStj' except NH"A
T,rit-T1I1 t4 tynrl, ef clcIuiue the streets has
been properly performed and the money allowed prop
! ely eXpcnied. ,,,....,,
N ar 1n,r,lc inc '0i 'NS's i''''i'' ~ '' '"
SiID,-That the charges are grounded nothing but
el4ol Oh Grr,"n c,.l,s OF ~" i"rH, T,o i Tc
Enhancement of he law against them: mat tie MAYOR
said. December 4. at meeting of tae heads of de
a,,I t fl I.,f'-.S ,ro+fer arIIcj 40 he
doing ucir Ic,f and can DO no Leiier;" that the |
buildings IN vl'ch lql0r j. Illegally s'id nun,
t SI,t To-, ,,, n, Ms. tiat The irr.o,,s rr,
asca in Tie tradc are numerous and influential; that
the Board Of the Police Conu,i'uCrs nave a' AN tm,s
enforced we aN i-'tl sue i'i,-e ri ~. '.''- ,N
of iC Ian, i,yt 3r recently .,u deprived of ,le rro-
tccilou heretofore given them 10y committing maGs-
rat, aHI ,ai ines, tfS S as TO - '
IN Nor M .I; tr,eic bT seeming he removal of Com
nis>ioners who enforce The Io" against them.
At the conclusion o TIE reading Mayor Ely said that
in the auswCrlt stated that AZ the recent conference
IN regard 10 street cleaning. he expressed himself rs
satisfied that tAc Police partmcut h3d done all could
He had never made any such statement and never he
heyel ANYTHING OF the Kind. David Dudley Field then,
again. asked that postponcmcut might be had 10 /
allow the respondents opportunity prepare a defence,
not thst they Dad not made amy preparation but not
such "a they could make. No man should be removed /
from "a valuable oice upon twcuty-toUr or thrty-SX
hou:, notice Ny0r Els replied that though the charges
bad been served only short time before, they mad been
made repeatedly through the press and other channels
But" sid MI Field. you do not intend TO remove
lie Police Commission upon charges made IN tho
ucv.pspcrst'
9TH, charge. were made partly on ny own personal
information an partly from the ordinary sources -" re-
pied Navar Fly. 1T il, nv daty TO make charges
o,g., any officer guilty Of dertlIytIou Of duty, and
Won ,.,utIer.u are here to answer them"
They deny Them returned Mr. Field
Viii rive their denial proper consideration" said
the Mayor.
If Won max. lie charges upon your personal kuowl
edge then We must ask 10 clo,,AaInnr you," continued
MI Field. and l decline 10 be a witness" promptly
replied the Mayor
Nr. Field said that in the removal OF the Commission
ers r. Af1vor cvcrci.c6 iudci.i authorv.t same AS
=. i..,,l,.I ..,,..... 4, no.. 1871 /
oihcr olhecIS cA'''.'' J''1,'" P'"',, ~ "' N''''"