The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-05-29
POLICE BOARD.
CAPT. KELLY, or THE THIRD PRE-
CINCT, REDUCED TO RANKS.
OInmIssl0ner Dejean states That He Has
Been Approached to Vote In Favor
Of the g.nlnrtt

Dtltant DthmoHus IhltTey, johnson and Keller.
Patroman Fitzgerald. Fifth Precinct charged
with neglect of duty In failing to patrol his
beat and sitting Down and asleep on his
beat. and that the said officer was at the time
under the influence Of liquor. Sergeant Gil
testified to the correctness Of the charge. and
while giving his testimony was accused Of
perjury by the officer.
On motion OF Mr. johnson the officer was dis
missed from the force for disrespect to the
board and to his superior officer.
Supernumerary Moore failed 10 answer roll
call and was fined one days pay
The case OF Capt. J. b. Kelly, Third Precinct
charged with unofflcer- like conduct and insub-
ordination in TAX ing legal action against Judge
Mtenberger. OF the Second Recorders Court
without the consent OF tho Mayor the board or
the chief Of police.
Capt Kelly pleaded not guilty and asked to
be represented by counsel
Mayor Pilsbury stated that it was not the GUS
tom Of the board to allow attorneys to represent
officers. but that he would leave the question
to vote Of the board.
Commissioner Diamond moved that Capt.
Kelly be allowed to be represented by counsel.
Lost
P. Saloy sworn, testified that he WIGS arrested
by Capt. .Kely. Knew nothing of the charge
being tried. Did not threaten to sue or prose-
cute Capt Kelly for false Imprisonment.
Judge Mite ,hb not being present the
Louis Gastinel testified that he had heard
that Capt Kelly was to be sued for damages.
Judge G. II. Braughn testified that believing
the action Of the Judge was erroneous he asked
Capt. Kelly to use his name to apply to the Su-
p.erior Criminal Court for writ Of certiorari.
He hesitated and said he. was to be sued for
damages and asked whether the proceeding
would benefit him and his sureties. told linn
that u would: that should the Superior Grim
inal Conrt decide that the judges Miltenber
the action for damages. He then consented.
met me and swore to the petition and the writ
Recorder before the prisoners were discharged.
AS an attorney considered the judges action
in discharging the prisoners as a contempt,
get Capt. Kelly's consent to file the motion. /
did it as an officer Of the court.
To Commissioner Diamond.Capt, Kelly did
not solicit my services | sent for him.
At the conclusion Of Judge Braughns testi-
mony Judge Miltenberger put in an appear
anee, took the stand and testified as follows:
That on the eighteenth instant the cases of
Saoy and Nicotra, charged with selling un-
licensed lottery tickets arrested by Capt. Kel-
~, came ne u, 70 fer trial, and they we're found
acts before it. one giving, final jurisdiction to
the police magistrate, and the other making it
Of trial by jury. Under these eonc conflict laws Jaws
and thinking that the prisoners were entitled
to trial by larY, TIE attidavits we're dismissed
the prosecution time to make affidayits
under act No TO-, he .paroled tho prisoners
to Monday at 10 o'clock, and stated that If the
cused would be finally discharged On Monday
at 10 o'clock received q note from Judge
Braughn to continue the matter to - o'clock at
o quarter to II received another note for fur
Their continuance to o'clock, 80 the papers In
the case were being prepared. Believing that it
received The petition from he Superior Grim
Inal Court signed BY Capt. Kelly. After receiv-
ing the papers as there was not hing against the
men, hey were finally discharged.
The day followi ng the discharge was served
with the rule to shoW cause why, should not
Kss IF oea sued In mt
could stop the Proceedire. / could have pun,
to treat The whole % after with the contempt
thet it deserved The other night Commits
sioner johnson reoeested me to make.charges
eisspise anything Of that kind. II Capt Kelly
has exceeded 90 bis iutdes, the board have right
ance, he is not fit 10 be ON the police force If
no makes 1t his duty to prosecute people and
magis trates. he Is unworthy to be on the force
Ii he be the paid agent of the lottery he should
be dismissed. In conclusion, no man can say
that | have, sent any man to prison and col
ef1eq lines iran an any gn one TOR violating that law
mat they BEARD Saioy say that he would sue
Kelly for damages.
Mr.. Saley Was recalled. end testified that
'whe! arrested he was at Fotte's coffee stand in
the French Market. and was selling Louisiana
Lottery tickets Wnen. he was approached by
he did not buy tickets of that lottery as it was
not fair lottsry, and asked for Havana tickets.
he Pr, pulled out + the Havana tickets. when the
prisoner He denied ever making any threats
to t, sue Capt; Kelly and said he could prove
The following statement OF Capt. Kelly was
then read:
To the President of the Police Board:
:. Gend'eosen.. Arraigned before your body on
conduct L desire to say ia my defense:
L. That as a captain of the police | arrested
certain persons found In my police precinct
the Legsl ature of 1874, by Offering for sale lot
terry tickets other than those OF the Louisiana
Lottery. without having the permission of the
provisions OF said act, which made it imper- /
a1iy r3o on H. me to arrest such persons,
tenberger, the Recorder Of the district
Ia which the offense were committed, for tr,al' |
That the said recorder decided the act of the |
to be- vioatdve of the state constitution and an
nounced that be wou d discharge the persons
80 arrested 4nless complaint was made against
Legislature to wit: Act No 10 OF 1874 al fnrth 1a
stating thai for the futnse he would entertain
he ea9 ae Ne st 9E tEioons Of
threatened by several persons with suits for
1amhges against myself and the securities on
Hy oHiclai bona IoT Ialse Ina pr1Sonm mt of the
persons SO arrested.
For some years have had the pleasure Of a
friendly acquaintance with Judge Geo Fl.
ne most effective way to protect myself and
'ondsmen from damage suits as threatened, as
veil as to have my duties in reference to ar
esfs Tor violations OF the provisions Of act No
Of 1874 definitely settled. was to apply to tn.
superior Crlminal Court for a writ of certiorari
transmit to that tribunal for final ad,ndiaatio ~
vi the proceedings had before his court In the {
asses. of the before mentioned arrests. ,
ngs were thereon instituted in INV
lame as simple citizen and not az an off1ciai
the police; emphatically dfsclaim and re-
'udlate any intention or attempt to prosecnta .
r sur Recorder Mtenberger. o'000'0 !
oi the SUBSEQUENT proceeding taken In this !
aai st 10 tne nature OF rule for contempt
ntil l saw it in the daily papers. !
Judge Braughn has acted In this matter for =
10 Us q q friend with no promise expectation +
l not ta1axl TO-. - |