The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-05-25
THE POLICE BOARD.
The Conduct of Capt. J. II. Kelly to he In
YesltERted.

The Police Board met last evening at their
rooms In the Central Station, Mayor Pilsbury
In the chair, and a quorum of the commission
ers present.
Supernumerary r. Olivier, charged with con
duct unbecoming an officer. was dismissed the
force.
Supernumerary B. P Tiller. of the Third Pre-
cinct, for neglect of duty was fined two days
Patrolman James Cunningham for being
drunk and .discharging fire arms within the
city limits. was dismissed the force.
In reference to the investigation which had
Rssn mo9ed at the last the Pce
Chief Boyan presented the following report
New ORLEANS. May "a. 1878,
To the Hon Ed. Plsbury. President. and Mem
bers of the Police Board:
GetFemen-In acco cance with the resolution
body, epeetfuIIy report hat have V ordered
Capt. J. D: Kelly. commanding the Third Pre-
with the arrests made in the lottery cases but
have not as yet been furnished with it,
In explanation OF the ease. | hereby furnish
eral Assembly Of the State of Louisiana ut the
second session of the Third Legislature, begun
and held in New Orleans. January s. 1874, as
follows:
lIhe acts are here given
Since addressing this communication to your
Capt. Kelly. which is herein inclosed. and re-
spectfuIly referred to you, with this comment
on the subject at issue. that | certainly was en-
titled to consultation on the part of my subordi-
nate officer, before he would appeal to a court
for writ of ceriorari' against Judge Of one
of the municipal courts Of my jurisdiction.
Respectfully, TH0S. n. BOYLAN,
Chief of Police.
The following is Capt; Kelly's report:
THIRD PRECINCT, May 23, 1873.
Y, N. Boylan. Chief of Police:
Sir n accordance with instructions of this
date have the honor to submit the following
On February 10, 1878. l arrested one Antoine
NicOtra, and on March 1G. 1878. one 7. Saloy
charged with violating section of act No. OF
by we5g ndge
they were paroed awaiting proceedings under
act No. 10 of 1874, until the twenty second in
decision of Judge Miltenberger on Saturday,
the eighteenth instant. | received information
that suit for damages would be brought against
my bondsmen and myself for false imprison-
ment. I. therefore. authorized the application
for the writ of certiorari simply with the object
of protecting myself and bondsmen and to have
the question ct at rest for the benefit of myself
and force
There has been no disposition to reflect upon
Judge Milt,enberger in any way, and our rela-
since my service in this precinct.
inclose record of arrests. heretofore made
under act No. Of 1874 since May a. 1777: also
copy of action in the case of Bacque June 7.
1877.
Respectfully J.B. KELLY
Captain Third Precinct.
After the reading of the letters Judge Miten-
berger then took the stand gave full history
of he lottery cases before his court read the
petition signed by Capt. Kelly, and the rule for
contempt taken by kely's counsel That he con-
sidered that Capt. kelly's duty ended when the
cases were disposed of by him and that he con-
sidered that that officer had overstepped his
duty in the proceedings before the Superior
Criminal Court.
Commissioner Johnson then arose and stated |
that the whole matter had been drawn out by |
the report OF the chief; that the case one of
Importance and that it should be in |
vtstigated. He asked Judge Miienberger to
make charges against Capt Kelly so as to bring
the case properly before the board.
Judge Mitenberger said that he would de- |
cline making any charges against Capt. Kelly |
as he had no personal feeling against him. and |
would leave the matter for the board to decide. |
Capt Kelly. being present, said that he had |
made the arrests under the law. and that ms he |
had heard that suit for damages for false i'm !
prisonment was about to be brought against |
him. he had taken the steps In the Superior |
Court.
Mayor Pilsbury stated that Capt Kelly had
done perfectly right in making the arrests but |
that his action in taking the proceedings against
Judge Miltenberger excited much comment !
and that a full inv stigaton should be had and |
that he as chief executive OF the police, would /
order the chief to bring charges to be heard at
the meeting next Tuesday night
The board then adjourned.