The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-06-14
THE INDICTED ALDERMEN.
Motion to Quash the Indictments
Against Them.
ARGUMENT BEFORE JUDGE BARRETT.
Trying to Turn the Tables or Possessors
Of Bay Windows.

Judge Barrett sitting 10 the Court o. oyer anu
Termner, was occupied oil day Yesterday listening TO
the reading of papers and arguments on motion 10
quash the indici meni recently founo by the Grand
Jury Of the Court Of General Sessions against The
me<Abers OF tho Board OF Aldermen. dense crowd,
made up largely OF ward politicians Interested no
DOUBT the result affecting their local standard
bearers, died the court Prominent OF course,
among those IN attendance were the indicted men,
bers OF our municipal legislative body, but
who judging irom their frequent interchanRes
OF mods, whispers and smIles, were not
seriously apprehensvo OF tie result in the legal pro-
ceedings Initiated aeainsr them A prompt appear
ance was put in by the respective counsel. Messrs
David Dudley Field John d. Townsend, ex-Judge
Ditienhoeier Ehhn Root and Dudry Field represent
ing the in dcted officials and District Attorney Phelps
and Assistant District Attorneys Rollins, Russell ana
Lyons the prosecution At hali-past ten o'ciock
Judge .rrelt took on the bench, which was
the signal for the opening OF legal controversy-as
sharp ncisve and running over with tecn1icaiities
quuDies II is curious, novel aud interesting
PRELIMINARY STATEMENT.
Ex-Judge Diltenhoel er opened the days battle he
stated that there motions to quash the two IN.
dicmenls found IN General Sessions; one against
The fifteen Adorned alleged violation OF the char
ter granting permit news stand, ana the other
against the same parties as indvduals Tor maintain
Ing with John Butler, VINO had charge o. the stand
m Aepe uisance rough obstrucuug mo street by
such stand the motion papers IN the frst cas- were
all embraced he same Case which contained besides
addlt,onl affidaviis II would sunicent Tor MN 10
road papers in the latter case. Before however,
commencing 10 do desired make THIS general
statement, that whether the Board OF Aldermen mad
or mad the to grant such init was very
nice and close legal question on which the bost
lawyers might honestly differ. In view Of this
fac the iurtner TACT that there never has been
adjudication by q competent Court denying such
power 10 The Board of Aldermen, 1t seemed to him
Nh unusual and unnecessary method to first attempt
10 decide the doubtful question . criminal iudict-
ment when u sufficient remedy existed by injunction
a court OF equity.
READING THE PAPERS.
Having made the above predatory statement Judge
Di,enhoeier proceeded to read, in clear, ringing
voice. the Of ufidavits aud other papers SUD-
mitted on behalf oil the accused Aldermen He
began with the afhdavis OF Alderman Jaco-
bus, stating that no had obtained tran
script, which affixed TO his affidavit,
Of the charges Recorder Huckett to The Grand Jury
during lust May OF the Court OF General SEES
SONS thc remarks passing between the Recorder
ana the lore OF The Grand Jury open dur
ing ucn term Of court. He stated further tnat
bad business ions or otherwise Or ever has
had with John Butler, and that he derived
profit from me structure mentioned IN the indict-
Next read tho two In
published. Alter this read the charge OF the Re
corcr To the Grand Jury prior 10 the hndiDg Of Inc
ndici niens, together with his subsequent remarks 10
The foreman oil the Grand Jury.
THE CAUSE or THE TROUBLE
Before reading tue ufh.avit OF Johu Butler Judge
Douvhue requested MN 10 rise u ms feet, witch
request was Al oLce complied with Everybody Grained
their he. Ks 10 see WHO John Butler was, ana no
turned out TO be very diminutive ana si~Xy looking
youth.
lis your name John Buters' asked Judge Often
hoeer, addressing the lad.
Eyes, sur" toe BOY answered ieebly.
"a wish Your Honor to mako aim exhibit No. !"
SAID Juure Diteb Boefer request thar, OF course,
evoked very general smile.
The aniaavi the ad Butler to the effect that
by the Bouru OF Alaermso May II, 1873,
Eiving nim PERMISSION 10 keep stand Tor
Wee s New aud @ cor.ns.
The SANE REMAIN during tho pleasure OF the Com
MOI Council. HIS aflidavit states further that he
quite fourteen old, that he sand about
two wide ave ieei long, tnai he had permis-
si.n from occupants Of the adjoinIag premises TO
place Gas stand there II being on vacant piece oil
prouna. that the solely The sale
papers by when he intended support ms iamiiv,
his father beng sick, anu thai the stand was removed
BAY WINDOWS AND STREET STANDS
The three succeeding aldavits mad reference 10 the
plumber OF bay ard stor. windows aud street stands
the cry. The hfst was IN affidavit OF Francis
J. Twomy, slatIng that made u thorough exam.
instion the records ana proceedings oil the CON-
ou Council 1870, thut 1875
grant, a Ior is bay windows ana no stanuA In 1876
Tor Is by windows and Is stands; IN 1877 Tor
Is bay windo~s aud " stands and up 10
me present time, Tor the present year, for
5. Hart head the Bureau Of PERMITS III an ofdavit
states That permis are only issued Tor stsnds be
located nsae tue stoop line, that since the
mencement OF tnis year about TWO hundred and nIty
permits nave been thus issued. TINE succeeding
ililavIts, made by James W. McGowan. contains a
LaDuaied Abatement oil The results OF The invesuga-
lions maGe Oy the ponce between the ION and l3.h
inst relative to uay and store WINDOWS, stands ana
other structures outside the stoop line the various
precincts Inc ioiiowina Is such tabuisied State
Bay and Bay and
Store Wtn- Street Store Wtn Street
Precinct. dOtcs. Stands. Precinct Qolcs. Sfonas.