The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-12-22

concluded by ten o'clock that night The oral tssst
mony must be all nnished by ten O'Clock, but hs
would grant them I'LL Monday night, at ten O'clock "a
SEND any written testimony they chose.
lhis brought Nj. Fullerton 10 hts eet Ia o very on.
ergclc protest 'rne evidence We have got said hc,
'and wirich Your Honor ought to listen cannot be
s ~ ,son f rms - no. irs not sninS 20
atoms, and ought to be dispose. OF IN a proper and
Jus. mannsr. Inc investigation s throwing light ON
long time great deal Of It can DO reduced to
writing and handed in to save time"
The Mayor-Chn that be done before Nor day nighte
Mr. Fuiierton-Yes; ~ least some OF II before that
time.
Nr. David Dudley Field then took up tho argument
for his client, as Ioows:-rhere is discussing
the idsa OF finishing these cases tomorrow Il can't
reason why cnlzen should be deprived OF his Office
ana II Your Honor should be conined by other duties
iSr me next week, or Two weeks o. ton wees week.;
lo-e his Office IL IS no reason why every consdera-
ton that DO urged IN favor OF his not losing Il
should be urged and II Is very clear that far
his counsel concerned every reason Will DO
urged and the counsel will unless prohibited. take all
cau, aud | do not believe there Is any power any
where to stop them. l believe that you have the
power TO say 10 that We shall leave tina
room and not enter II again. ana If you say
that Will 20 away, but you cannot say that shal!
sent 10 close hs case unless have ned all tho
Witnesses think proper. That - the right oil my
client, and shall assert that right, and trust that
no man viii lind me wanting IN courage and persist.
cncy 10 asscrt these rights We are now trying Mr.
Ernardt's case, and until that Is finished
VIII not 60 into any other. ! will not allow
this case TO 90 mixed up with any other.
have promised Your Honor to 90 on with
the case tonight aud am willing to go with the
examination until the rises tomorrow morning.
ineu my promise will be performed, aud then you
up and to present all the arguments why my client
should not be removed You may refuse 10 boar au-
other word Of oral evidence but you cannot prevent
putting IN wiring tho evidence, nor can you re.
fuse To give US nl tho time that We require 10 pre-
pare IT,
and repeated his announcement that Commissioner
Erllardls must DO finished by ten O'Clock, the
evidence handed before ten O'Clock Monday night.
Mr. Fied-Whcn are We to argue the casesY
The Mavof--Any time tomorrow.
Mr. ficid-Bu. that is down by Your Honor for
the other Two cases.
The Mayor-rhcn you have TIL ton O'Clock 10 night.
Mr.. Fied-We won't get thu ough the testimony by
that time.
The Mayor--I can give you TO ten O'Clock to pro-
cccd WITH the testimony or tho argument, Us you
WISH
Mr. Fie,i---what viii you have US do nows
The Mayor wili leave that 10 the discretion Of
counsel
Alter brief elaboration the counsel decided to "a
with tue testimony TIL SIX O'Clock. Alderman
Morris therefore called, testified that he had
md introduced resolution In tho Board OF Aldermen
To Investigate the excise matters no haa TWO rcsoiu-
tons OF the same putport; Tho Mayor spoke to him
about II, anu asked him not TO present the larger
one ut tue present time Tho Mayor cross-questioned
witness very closely the subject, but nc merely
repeated what he had said before Then no said:--
"Ailow to say just here that can't exactly SEQ
what this To do with this trial OF NE Erhnrdt Wo
urc not alone traLn
Captain Petty, oil the Fourth precinct, and Captain
Warl were called and testified tho eicioucy OF
the Police Bourd. Captain McDonnci, of tho Eighth
precinct recalled and testified as 10 tho orders
ceivcd IN regard 10 excise. matters.
At six O'Clock recess was taken till eight O'Clock.
AFTER THE REcEsa
During tho recess HERALD reporter Intercepted
Mr. George Bliss, one OF the counsel Tor the Commas
soners. as foows:--
Reportcr-Has Mayor Ely the power to close the in
vcstigation at his desircy
Mr.. Bliss--He has the physical power, but not the
legal right To do so arbitrarily.
Keporterwshou,a INC iesen, ,nves.gas,on %
their case could IT be rc-openedy
Mr. Bilss--I think his action could be revised.
CAPITA John Gunner, oil tho street Cleaning bureau,
WINS lrst witness called Ut tho night session. Ito
testified the rules of tho Street Cleaning Depart
not safe to 60 to sea In and were dangerous 20 e.
They were prevented from carrying tho garbage to
tho authorities on Long Island, who threatened
to shoot tho who there to empty tho
refuse. There was nothing 10 do but 10 Keep the re-
fuse IN INC cry OF New YORK or 70 eat !. up
icct every day three four thousand loads aud did
not know where 70 put IT. New legislation was
for the Commissioners 10 keep tho strcets clesner
than they were at present
Commissioners Sidney r. Nichols noxt testified 10
the difficulties OF getting rid OF the garbage Their
mems lives had been threatened or Long Island, and
when they went up tho sound TO deposit tho refuse
near City Island all tho church bells along shore
wcro ripg aud boats were put out Thorn back;
with regard 10 tho expenses OF tho bureau not ono
dollar appropriated Tor cleaning tho rtrccts Ind
used any other purpose; tho Mayor naJ
inierfercd with his department nor intiInacd that he
wished tho work done In particular way auy DOT.
tor than " being done; the Commissioner had
always tried TO do his duty and always thought he
lions to tho Commissioners for the appointment OF
persons tho Street Cleaning Bureau, ana many Of
COMMISSIONERS ERHARpr's DEFENCE.
Commissoucr Erhnrdt was then called 10 tho stand
charges in his hand he spoke ps follows:"SpcaKing
Ponce Commissioner 10 the Mayor OF the city OF
New York, as one gentleman 10 another, as honest
to honest man. would state, sir, that u IS
two years that have filled the Office hold,
during which time have endcavored TO hold tho
rcins OF power to deal fairly with all.
AS l have been fair with othcrs l ask that
you should DO with hold
my hand paper OF charges, general in its character
bat asserting that during tho two years / nave held
Office have been guilty oil incfIclcncy, aud that my
conxuc has been such us 10 render the enforcement
OF tho law od,ous. ! now ask you, SIR wherein my
In regard to tho street cleaning has been In
efficient and open to criticism? ask you Tor somo
ali ordinary patrolnan TO tho Board, IS always m
swcrcd specncally--l ask you Tor some TACT ana Tor
that purpose send counsel TO the winds. ask you
what fact you can lay your hands on?
The Mayor nave stated the facts.
mont Of tho Excise law, 10 state ono single fact
wherein my action has tended 10 make tho law
udious.
rhe Mayor--I have stated my charges
Mr. Erhardt-Tne charges arc charges against tho
Board; Oh ahat do you base your idea that have
The Mayor--Thc members OF the Board are rospon.
sibc for It's acts.
Mr Ernardt--rhc present Police Board, of which
have been memDor, have sirved TO enforce the law
fairly and Justly, and standing as DO before you, sir
with my pulse perfectly regular have no iavors 70
ask. had the honor OF informing Your Honor some
three weeks ago more thar, so far as was
ccrned, you would do mo no INJURY ny appoint.
ing my successor. do Inform Your Honor that
you do honest man irrcpafablc sinjury
by procaimng that he has been guilty Of neglect OF
duty unless IL wcro true. ] am not on the street
cleaning department., but all tho departments Of tina
Board in iul harmony. II has fallen TO my lot in
past year so 10 imagine that some OF the street
swcepers were not doing tncir duty Patrolmcn were
placed in citizens clothes to report the delinquents,
ana they were discharged. 1 have made several sug-
gestions to tho bureau. Beyond that have nothing
TO do with II.
In regrd to the Excise law, II is to me- sir,
than any law. IL Ii law and should be enforced. II
has boon and It will DO so long tho dc.
partmcnt, and my colleagues Will assist mo In
forcing
Mr. Erhardt then placed himself in the hands OF hs
counsel and replied 10 their questions In answer u
the question what WAS the operation and effect
OF the receipts given by the Excise Board he 70
plicd :-"fho man paid his money 10 get IL.
ccnse, and the effect was that he lost his