The New York herald., 1879-09-06
THE POLICE BOARD
Mayor Cooper Makes No Return TO
the Nichols Writ.
A STAY OF PROCEEDINGS OBTAINED.
Commissioner Wheeler and the Alleged Defi-
cheney in the Button Account.

The case of ex-police Commissioner Nichols has
assumed new phase and one that possibly. before
reaching its eliminating point, may give rise to
legal complications of novel and startling char
acter. As will be remembered. tho order OF Judge
Westbrook that Mayor Cooper might have six
days from last Tuesday to make return to the writ
of certiorar reviewing his proceedings dismissing
Mr.. Nichols from Office. provided that he file before
twelve O'Clock NJ. yestesday in the County Clerks
Office stipulation that the should be argued
upon its merits upon the third Monday of
this month but in case he did not comply
with this suggestion that he should file yesterday
his return to the writ. The hour of midday ap-
proached. but the stipulation was not filed. This
left filing of the return during the day as the
only alternative. As is well known the County
Clerks office closes at four p M. At this hour there
were anxious inquiries after the return, which
elected the fact that the had not been filed.
Under these circumstances the HERALD representa-
tive in order to get at the "true inwardness" OF
matters. called Mr.. John d. Townsend. counsel
for MIR. Nichols. to ascertain what action he would
take in the premises.
II suppose. Of course" began reporter in open
ing the interview. ''that you already cognzant
OF the fact that papers have been filed by Mayor
Cooper to-day in the Nichols case, in compliance
with the recent order Of Judge Westbrook?"
IL eft the County Clerks office" Mr.. Townsend
responded, "at four oclock. and was informed that
no stipulation or return had been filed"
what will be your next step in the mattery
'Uness II stay has been granted by some other
Judge the Mayor will probably be considered in con-
tempt"
'Do you think it probable that stay has been
grantedY'
"I should say not. The days when judges inter.
fered with each others business for the purpose OF
aiding the other political party or otherwise
are supposed to be pretty much over, and could
not name single Judge in the state who, II these
proceedings fairly presented to him. would
think for moment Of interfering"
'lf a stay be not granted" pursued the reporter,
sswhat would you do then?'
eff stay has been granted" replied Mr.. Town
send "and no justifable excuse is presented to
by counsel for the failure to comply with Judge
Wesbrooks order shall certainly make application
to the Court to punish the Mayor for contempt"
"Well. what's going to be the upshot Of the whole
matter?'
''That will depend" said Mr. Townsend. struggling
his shoulders and his lighting up with
curiousy indefnable smile. "As Mayor Cooper has
often said:I cannot speak OF what will take place
III the future.
MAYOR COOPER REFERS TO HIS COUNSEL.
A rumor having obtained considerable credence
that stay had been granted by some other judge
the reporter thought that the surest and easiest
get the correct information would be to call on
the Mayor. He found our municipal chieftain seated
desk in his private office busily engaged in the
the reporter quite affably. however.
II came to ask you." said the reporter. "as no
papers have been filed in the County Clerks Office in
the Nichols case to-day f stay OF proceedings has
been granted by any other judge%
Mayor; everything is in the hands of my counsel"
Corporation Counsel Whitney could not be found
in his office. Assistant Corporation Counsel Miller
stated that he had the return and added that it
was short and sweet covering only three pages of
foolscap.
lis there no possibility Of getting at the docu-
II believe it is in Mr.. Bangs hands. You had
better call on that gentlemen" said Mr.. Miller.
Though by this time it was half past four o'clock
Mr. Bangs ound in his office. The result OF an
interview with him q on the d subject only served to
like man.. for he took the same non-committal
course the Mayor.
ing" was the gist Of the negative information he
had to impart.
COUNTY CLERK THoMpsoN's POCKET.
He was a little more communicative toa clerk OF
Mr.. Townsend. who called at about the same time
to obtain some information on the subject.
.'You have filed papers in Mr.. Nichols case to-
day. said the clerk. sa o.
lis that so?" said Mr.. Bangs, and then added.
"the day is not over yet, perhaps. Mr. Thompson.
the County Clerk. has the return in his pocket
The clerk failed to find Mr.. Thompson. and it 10
not known yet whether he has the return in his
pocket or not.
JUDGE INGALLS, STAYS THE PROCEEDINGS.
An order was granted yesterday by Judge Ingalls,.
Term, but now sitting in the Third judicial dis
trlct, staying all proceedings until the Mayors
heard at the Special Term at Schenectady on tho
18th of September The stay is for twenty days.
AT the same time with notice of the order notice
of the motion to quash was served upon Mr.. john
d. Townsend. the counsel for Mr.. Nichols. on be-
half of the Mayor it is explained that the stay
obtained before Judge Ingalls, IN TIE Third district
because the writ of certiorari issued by Judge
Westbrook in the same district.
COMMISSIONER WHEELER DEPOSITS SUM EQUAL
TO THE ALLEGED DEFICIENCY IN THE BUTTON
ACCOUNT AND SAYS HE DOES NOT WANT HIS
AUGUST SALARY.
At the regular meeting of the Police Board yester-
day Commissioner French was chosen temporary
president. the motion of Commissioner MacLean.
This move acted like load Of live Goals tine head
of Mr.. French. who but moment before voted
against motion offered by Commissioner Morrison
that AIR. MacLean should take the presiding chair.
A lot Of routine business taken up and disposed
of. motion to grant full pay to Roundsman Orr
during the time he unable to do duty by reason
of the clubbing he received from Patrolman Tully
was laid over.
Commissioner Wheeler who had remained very
quiet at the two previous meetings of the Board.
handed in the following. which read by the Chief
Clerk
OF August the Mayor OF the city preferred
charges against based the assertion that had Inn
properly retained ss4 81 belonging to the city Before
did any claims TO ths funds
my possessOn % but %srsy held them unit, !, sSud se
advised there considerable doubt The o
promptly made special deposi, Of every dollar had fe
ssSSs s"d nSi sSvss sd or over a svs %
proper claimant or claimants therefor It soon
satisfied that no had greatly
the amount In hands but the first express admission
OF the fact Is attained the from
Mayor presented at the last meeting of the Board OF Police
In which he alleges that | have unawfully retained
g. 72i ~ instead of 1854 %. he had alleged only
month do admit the correctness OF tho
Mayo-s present position but he has reduced his
claim to comparativcly small amount prefer, in order
possible to further alton. to
that amount aud to leave any one who may
slider himself entitled to u portion Of IL to take his
either against the city. have therefore, de-
posted to the credit of tho city the full claimed
BY the Mayor. Respectfully, d. w. &. WHEELER.
iect ion WA m alo 10 fhe lot, Inv
rison and MacLean. ana the latter asked to be i'm
formed when the balance had been deposited. It
was admitted that the amount had been placed in
bank during the morning. Mr. Moe the clerk Of
the Clothing and Equipment Department. was then
sent for by MIR. MacLean and questioned by him.
To this Mr.. Wheeler objected in strong terms.
ayerring that he did propose be catechised by