The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-28
INDICTING THE ALDERMEN.
rs THE DTSTRICT iTTORNEr'S OFFICE
DRITiSG UP THE P.iFERSY
Recorder Unckctr- Wishes to he Respected
10th the Aldermen and the Health Hoard

DR.IiitG UP THE PiTERSY
Recorder unckctt'- Wishes to he Respected
both the Aldermen and the Health Hoard
said to he Likely to he Called TO Trial
The kilograms sent by Aldermen Wachncr
and Lewis to their colleagues ON Sunday oven
ing brought all the city fathers to the City Hall
early vest rlay. Several OF them wore pro-
pared TO give bail. Alderman Shoils visited the
District Attorneys Office and offered bail. IIo
was told by Chief Clrrk Moses Clark that when
he was wanted he would yet summons. At
10', o'clock the Aldermen went into executive
session in the Chamber Of the Common Council
After some discussion. Aldermen Waehncr and
Pinckney were directed to ascertain whether
the rumorod indictments had actually been
found. They called at the District Attorneys
ofllce and asked the questions. Tho Assistant
District Attorney with whom the committee con-
fcrred replied that ho know Of no indictment
against the Aldermen. lie subsequently quali-
fled his answer by saying that there was II diff
ference between drawing and presenting an
indictment. The Indictment, he added. would
be for misdemeanor. and the indicted Alder
men would be given ut least twenty -four hours
notice Of the time to appear with their bonds
Hall. tho city fathers were again convened.
The committee reported the result OF their in
tcrvcw. with the District Attorneys assistant.
ployed az the Aldermen's counsel. gave his
opinion rs to tho proper course TO be pursued,
and the meeting adjourned.
The opinion Of the Adcrmen. based upon the
Assistant District Attorneys equivocal reply to
tho committee, = that the District Attorney hav-
ing been asked by tho Grand Jury to draw an
indictment that will be in accordance with Re-
cOrder Hackctts charge, such an indictment Is
to be drawn and is to be submitted TO the Grand
Jury.
The members Of the Grand Jury %Ee Charles
street; Oliver $. Fcrris, 81 West l25ih street;
William II. Richards, plumber, 1888 West SIX;
Maiden lane; Samuel G. Tobias. merchant. 40
West Thrty-lhird street; William Moser mer-
chant, 10 East Forty, ninth street; Henry Marks,
gentleman, $50 Fun avenue; A6ram +.
prGyp 6rSker 2S W E9si Nn, nth, D. hdGc
| Colgate, gentleman. % East Twenty-sccond
street: Nathan 6 Ey il5 West F95g g, EI,
| Twcnty-ninth street; {. G. Allen, broker. 40
! Exchange place: Cephas q. Thomnson. artist
ls5 Lexington avenue; Charles W. Hull. soaps,
/ gentleman. 4 East Twcnty.eighth street :; Fran
eis H. Amidson halter 22D Filh avenue; Edwin
| Ralph Bogrrt, trunks 3}9 Hudson street; Isaac
Phillips, real estate. 10 East seventy NTH street
and Charles Curtis treasurer 3i2 East tiitieih
III tho sixteen Aldermen are convicted" u
| city father said 8" the city Government cannot
he maintained Opening q volume; he read
section 95 OF the charter Of 1873. as follows
Any officer Of the ely eysrnment or person employed
the provisions Of this act or commit any irarl upon tho
city or eon,cr, any 81 The public prosry to ms ow y
h, W cdpable neglect duty allow the same
mcanor aud addition to the penalties imposed by law
ana on 'nh,' uo ,na lor'. ~ ".. An oe .nas u
! c.ty GovcrninenL
Then. turning to the fourth section Of the
| charter, the Alderman read that vacancies in
! the Board Of Aldermen shall be filled 10y a vote
Of II majority Of all the members elected TO the
and oustrd from Office" the Alderman con-
tinued. IT Is evident that their places cannot be
filed. Now. without Board OF Aldermen. the
tax for this year cannot be- levied as the law re-;
quires that the taxes shall be confrmed. and
the tax rate formally declared 10y the Aldermen,
in their capacity of SUPERVISORS.
The very liberal advertising OF the probable
spectacle Of the Board Of Aldermen standing al
the bar to plead to indictments charging official
misdemcanor. swelled the number Of applicants
for admission TO the General Sessions court
room Yesterday. Recorder Hackett. his stern
face as impcnetrable 20 the gaze ofthe spectators
as mask. mechanically sentenced these pris-
oners. Meanwhile Aldermen wachner. shicls
S ad Of way % Pnr
with Assistant District Attorney Lyon in regard
90 the reported indictment OF the majority ~ the
board. The understanding that they obtained
il was said. was that Aldermen Bennett Bigin
Carroll Foster, Gunu"r, Hall Jncohus. koe-
nnn Kiernnn Pcrry. phillips, Pncknoy Rel.
! ly. Roberts. Suu"r. and Shells had been consil.
cred suhj.t u iniiain' ny, Tor simple inisde'
meuts would Ice that those Aldermen. in pRss-
ing oyer Mayor Ely,s veto resolutions permit.
tng John Meter TO set up "A newsstand al
Church and Cortlandt streets. and John I. Carr
to erect n show window In front Of his Sixth ay
eve shop thus wilfully violated the law relating
TO ohstructing the streets. Aldermen Naehnri
and Morris who voted against this action. ano
| Aldermen King Lewis Steven and Ehrhardt
who were absent when IL was taken, had beer
held haneless hy the Grand Jury. Tho draw
ing Of the ind dement's WAS going On. and woul,
! the work H. not done before then. the iudlctct
Aldermen will on Wednesday be- requested ID
/ step over 10 BAH Clerk Denny r dnsk IN the Dis
/ trIct Attorney Office. and give hlll.
An attarhd Of the Board OF Health. who seems
10 be- commissioned To keepa keen eyo upof
every move I'm the General '-sions court room
and the District Attorneys office, sand yt-t"r
| day TINT there seems To- he no reason 20 touh
| that indictments are To be- drawn against th'
Board Of Health. II was understood yestcrdul
| that the drawing ~ the Indictments has beer
| intru-fed 10 Assistant District Attorney Rollins
who mas lately been very suc'essiul as prosecu
! tor. He IL regarded ~ a sound lawyer ana
most irenchant cross examiner. OF late he has
conducted tho most important prosecutions
that must otherwise have deyolved upon MI
Phelps. lie hns secluded himself. IL II san
that he may give uninterrupted attention ~ hi,
The Grand Jury's entrance into the Genera
Sessions court roomiW l = o'clock, YESTERDAY
up To Recorder Hackett bulky parcel Of indict
ments. Recorder Hacke,t formally dismi-sc,
the Grand Jurors. and then looked ns ,som'
lanc.ed. with extraordinary care al the endorse
monts on the Indictments.
Col. Fellows filed a bill Of exceptions yester
| day in the case OF Enoch -. Zoe. the cohNl'l''
proprietor Of an Extensively olorous ferlili2e
factory at Hunters Point. Judge Gildcrsleev
will pass upon the bill to-day.
John and James Preston, of II. Preston Sons
proprictors OF an Gajurent fertilizer factory
,,,-aded guilty oil maintaining nuisance. A.
slstant District Attorney Bell said that he ha
been assured that the nuisance Will lH hbated
When District Attorney Phelps is satisfied tina
there has been no abatement, he Mr.. Bel Wi
move INIT nominal pffInady d" 1i'n , up2
released on bail Judge Gildcrsleeye granite
| the motion.
| ,IR HIIGHI,S EMRIRRISSMENTS