The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-12-21
7HE POLICE COMMISSIONERS.
Araisnsd Before the Mayor on a Charge Of
Being Dsrelct in Their Duty.
ARGUMENTS FOR THE DEFENCE.
How They Justify Their Excise Raids and
SO-Calltd Street Cleaning.

inauRurated In the Mayors office It twelve o'clock
yesterday This was the time specified by Mayor Ely
at which he would hear the indicted officials In
answer charges preferred against them in his com.
municat0n OF the 18th inst.
The three Commissioners were IN attendance, &C.
companiec by brilllan. array Of counsel; Mr. David
Dudley Field, ex-Judge Fullerton. Elihu Root. George
Bliss John !. Davenport and G. y. MacLean. The
Police Department was further represented by Cap
,ans Byrnes Walsh, Mcdonnell, Cafrey, Petty
KillIlea, Williams. McCullagh, Gunner and Hedden,
and Inspectors Murray and Diiks. Among the spec
Eaters who came to witness the trial were Congress-
men Cox ana Willis, Senator Hogan, Civil Justices
Clancy and Campbell, Aldermen Morris, Cole, Purroy,
Keenan, Guntzer and several other political lights Of
lessor magnitude Seats were provided for all these
gentlemen, the Mayors Office being flied its utmost
capacity
lev minutes after twelve Mayor Ely opened tn
hall by remarking that he had mudo charges against
three OF the Police Commissioners. The statute re-
quired that he should give them opportunity Of
being heard in their defence. He then ready
to hear what they had TO say In relation to the
charges
FIGHTING FOR AN ADJOURNMENT.
Ex-Judge Fullerton, as one of tue counsel for the
Commssio toner's. then read the Mayors communication
relative to the charges. He contended that there
nothing in the letter containing single specification
specifically set forth the respondents unable to
prepare any answer 10 the specifications
Mayor Ely DO you make any notlon2
Ex.Judge Fullerton insisted that tho charge should
be made more specific. He would ask for ADJOURN
menL The Mayor should specify In what manner the
Commissioners mad been derellcl in their duty.
Mayor Ey-we Will proceed with these charges as
they stand.
Ex-Judge Fullerton again spoke In advocacy OF ad-
tournament He also read an affidavit from Commas
sioner Erhurdt setting forth that sufficient time had
not been given in order that he might make proper
defence and tnat could be held responsible for
street cleaning as his time was occupied other
duties consequence OF the absence of General
Smith, the president OF the Board.
Mayor Ely replied that he could anything in
the affidavit which would warrant an adjournment
COMMISSIONERS ERHARDT's DEEENcE.
Mr.. Elihu Root next proceeded TO read Commits
sloncr Erhardts answer TO the charges. This paper
was also intended to operate as reply from the other
two Commissioners The document reads AZ follows-
In tho matter OF the charges preferred by the
Smith Ely Jr. Mayor Of the city Of New York, against
city New one o the romeo o. the
The answer Joel b. Erhardt Police Commissioner of
by smith Ely Jr Mayor Of the city Of New York. before
is,.,.Thss shs shss q M. responder. poo.
nppontea expired gu tho 10th Of dav Of APRIL 1871 OK.
cept thas to this respondent having APP
under the statute such made and PROVIDED and this
continued TO discharge the duties Of such office only
aSss the and nj. his sss%s shall be say
not be relieved Of the duties imposed upon him in
q
fore respondent shss the Mayor the city New
York has no ~ power Or @ II this
the concurrence hoard Aldermen ''''4'
n rs Consulting ease. tbs responasn snG be-
Ing he ony h shaxs . G alleged charges upon
ne shond not be was served this
time liked therein tor showing
December 1877 r. twelve o'cioet that the
s and s sa s ana AZ
That il is impossible the paper what
as cause for removals and u Is physically impossible to
Sssncs upon pnp the ssnsrs, charges 50
given 10 him any sufficient charges matters
alleged as cause Tor his or any suse1 oppor
intent and meaning Of the statute IN such case made and
Tiird-That the Police Department of the city New
YORK for its head Board eop OF Of toSr persons
shat the said COMMISSIONER are william smith. De
a as a
That this proceeding for the removal pr the said
Soad Da, for the and not all Of the nd
been preferred against Of the composing the
said nas Ss sS Ti he. s or .u
thontv to this from ece upon the said
Of the sail Boara and IN proc rsdng wherein the said
@ the DoSy Rss mo- Or
thori,y remove this respondents from Office
Of Boaru. upon shown the said
Board body, upon which Il has an opportunity to be
fouth-The said respondent saving and rsss,yns all
@ o. sa as 81 gi
sh s%a answers thereto de- denies that sSs ausy q
sIssnns the streets: which is upon Police
spondent has been Police Commissioner. inetciently
respondent has been Commissioner All tbs
taken from the public treasury or SLOWED according 70
faithfully applied and used Tor such purposes and TINT
fully DISCHARGED T., whole duty regard 20 the cleaning
the aa: ~,s n N s ,s w1a
posa, under the existing laws and circumstances
ali manner Of exception to the Sncertainsy insa
isasy sa 'ss he s- sss
further answers ~. r. -. s 49,
snd S Or amy laws BE-
F,dss for sny Ys0s Of s The ~ rsse
sesa s r. p ns
any periods o. time he denies that
has the said statutes Of them capriciousy
BY raids or in sucn manner Is TO render ths nw edous
tina, there has any ine icency Observation-Disclosures
the Police or that Wis mas osen
Sr-rhis respondent further says that he is informed
and believes and therefore that there have besn
specific allegations statements of violations omis.
sons OF duty his presented to tie said Mayor
forming the bass OF the aoresaid but
the origin and only thereof consists In the
reasonable camor OF certain class OF citizens oi the city
OF New York, VINO engaged IN the sale OF spritnous
liquors contrary to law and who endeAvorng " secure
removal oil the Police tor the OF
preventing the enlargement Of the law against them
That meeting OF the heads the departments OF the
ON Ike % @ 81 iSs % sa o consider
tending increased efficiency tn the cleaning ~ the
.ssss q
gard the cleaning Of the ot dis
usssu md Ous usio de
nation thereon reached and announced by the said Mayor
In the words followngthat ~ to say, 1T
from the discussion that the duty OF cleaning he streets
with the Police Board, and they their
sforts they prepared them better With
their pre- For relief
this thing sort OF legislation Until
that they appear TO be doing their best
no better.'n
That places for the sale Of spiruous ana
Into liquors In the city Of New York accord
Ing recent Official statements over sOo whcreotles
than 22UO licensed and over $500 unlicensed
The buildings in which said ieSal sales were carried
would III placed continuously In ne extend Tor tn
miles the engaged In such sale
nuner ous and influential The Board OF Police Jommis
since its members appointed
~ enforced the such illegal Of
thprr of