The New York herald., 1878-12-21
TRIED FOR DIsOBEDIENCE.
CAPTAIN NJ MDoNNELL AGAIN BEFORE THE BOARD OF
POLICE coMMrssIoNERs-HIs CASE CLOSED.

CAPTAIN MDoNNELL AGAIN BEFORE THE BOARD OF
POLICE CoMMIssIoNERs-HIs CASE CLOSED.
The charges against Captain Mcdonnell. of the
Eighth precinct, which had been reframed by the ad-
vice OF the Boards counsel, were brought up for
further consideration yesterday According to their
last reading the Captain is charged with having, in
wilful disobedience to the Chief of the Bureau OF
Elections. selected polling places certain rooms
located at No. 205 and No. 100 Spring street. in build
ings where liquor sold at the time. Investiga-
ton had shown that the saloon was in one
instance actually in another section of the house.
which had more recently been erected. John
d. Townsend. the Captains counsel, moved
to have the complaint dismissed the following
grounds First that the Police Commissioners had
not been dsobeyed; second, because John J.
O'Brien was not Police Commissioner and the Po-
lice Board had right to delegate their authority to
him; third. because John ]. OBren. chief of the
Bureau of Elections. had power to issue orders to
poticc captains except through the Superintendent
and by order OF the Board fourth, that in complying
with the request to report as to whether the same
polling places used last year could be obtained for
this year, the Captain had done his duty. and it
the duty of the Bureau OF Elections to whether
the places were proper ones.
CAPTAIN EXPLAINS
The Board refused to dismiss the and the Cap
tain himself then called to the stand. He stated
that No 190 Spring street had been used polling
place for twentyfou years; he had known any
liquor to be sold the premises although there
a saloon next door, in obedience to the instructions
of the chief of the Bureau of Elections he ascertaned
that the same place could be obtained, and so re-
ported also in the of No 205 Spring street; in
1874 it was used as polling place; III the following
year it given up. but in 1876. by the order Of
commissioner 1t was again used as polling place
and had been so used ever since.
At this point Commissioner Erhardt began plying
the witness with questions rs to who the Commis-
sioner referred to might be- At first the Captain
made certain reservations denying that it was either
Commissioner Smith Nichols. But all further
queries replied to by the formal II decline to
answer The Captain asked whether ii
Commissioner Erhardt or Wheeler who had given
him the instructions. but he refused to satisfactorily
settle the question.
Mr.. Townsend at this point said that he had tried
TO avoid this difhculty that he not trying the
Commissioners, but that, II the question was
pressed. he believed the Captain should answer it,
Commissioner Erhardt moved that the Board insist
on an answer. This President Smith amended by
moving to request the Captain to answer. but leav
ING il entirely to his discretion as to whether
he should not. This carried
Mr.. Ernardt alone voting in the negative
The latter then asked the Captain what commits
sioncrs it any, he had talked with about the
trial since the charges were preferred against him.
Objection was made by the counsel on the ground
that the question irrelevant This the Board
sustained. No further questions We're submitted to
the Captain who accordingly retired from the stand
SUPERINTENDENT wALLING on THE STAND.
Superintendent Wang then testified that he had
caused an examination OF the buildings ut Nos 100
and 2O5 Spring street and found that there beer
saloons in both, but that they not connected
with the polling places Henry Oeste, United States
Marshal stated that he had known the places for years
liquor sold there The men who occupied the two
places testified that they had connection with the
saloons The owners of the saloons testified that
their places closed on election day, and an in
liquor sold there
A recess of half an hour was then tasen and at its
close Mr.. Townsend renewed his motion to dismiss,
which the Board held for further consideration.
The case was then declared closed