New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-09-09
LOCAL MISCELLANY.
HE MAYOR GETS FURTHER DELAYS.

THE MAYOR GETS FURTHER DELAYS.
A MOTION FOR IHE VACATION 81 JUSTICE IN
GAIIss STAY OF PROCEEDINGS IN THE NiO"ob'
CAsE-ARGvMENT To BE HEARD TO-DAY
Tho case Of Police Commissioner Nichols against
the Mayor was again before Judge WestbrooA, LII
supreme Court, Chambers yesterday, on MOTION
nv John u Townsend counsel for Mr. Nichols 10
have the stay granted in the proceedings by Jwlge
rua,ls las, Friday set aside Some active Work
was done by both sides last Friday. when Mt.
rownsend learned that the writ OF cerlorari hau
NOT been fled as directed by Judge Ncstorooh' TIC
sent his clerk with the necessary papers 10 Juueo
Westbrook's home, in Kingston, 10 OBTAIN an oruer
far the MAYOR To show cause why he shouiu not W.
runished for contempt. The clerk reached hings-
ton Saturday morning and obtained the oruer'
soon after he left came telegram from MT loWI'-
sond telling Judge Westbrook that Judge ingalls,
had granted stay of proceedings the day Deioie'
The order TO show cause therefore, OF course
unnecessary; but Mr.. Townsend's clerk, entirely
Ignorant of the stay came down the river with the
order i'm the contempt proceedings and served u
npon the Mayor on saturday evening as so'n '''
Nit townsend learned of his clerk ; acton ne Sent
xrrd 10 The MAYORS counsel that the contempt pro-
ceedings we're withdrawn. -, 4. Lo,-o
The next proceeding was the motiop to nave
Juacc Ingalls's stay vacated. $3.50, ,;,
'TLc a1ilayit of Comm issicncT Nichols upon which
the order To show cause on TINS motion was ~
tanned, enumerated the proceedings ueISro 1uusi9
Ingalls, aud asserted upon the ADVISE Oh cuuIIsel,
that the venue of the matter Tor an pioSeeuIl,ss
subsequent TO the making and entry OF lle olur .
directing the writ of ccrtioIar TO issue was new
York that the obtaining OF tins stay AFTER II ha'i
been DENIED by Judge Nestbro0k was VOld.i"T I1 w
the letter and spirit OF section 40 Oi lne M
AFFIDAVIT continues: " In regard 10 the alhuaNIne,
presented To Judge Iugalls Will say tha0 lhe an
daVits fail to mention the stay or pToceeuInES aP
ni.d Tor and obtained from Judge Brady, IN new
Sort and md not mention that the application 10
Judge Wesibreok for stay OF pr9eeeulnss s, VIE
Inade at Special Term. I am informed - ~ not a
al ana yei!fy that the fling OF return is hot
,xiVer ~ ne respondents right 10 move 10 super
sede or auash the writ of ccrtlOrail; Dut III oIcl
remove any question rs TO such right. heleoy, III
open Court, stIpulate that return 10y Tue Iespon-
dent shall have no such enCct IN TINS matte. .V
H. - Tine that the Charles L. MacLean III the
affidavit OF the respondent referred 10 mas uuo
,1tn>elf into the rooms where the DusineSs
pl the Police Department OF the CITY or New oIk
Is transacted, and attempts TO exclude me llVll
performing the duties aud receiving Inc ehviu
ucnts Of my position as Police ComMlssioneIi ou'
IL Is lot true that have ever IecGghzeo OF n. e
esced ia the claim Of the said Macleah 10 my once;
ON the contrary, when the SAD hac 0"Iou
upoa me SUD claimed TO DO Police Commissioners
uuon the basis OF hat he stated T. be a. CCitlHcH,
al anpoinfmcnt by the respondent. distinctly
stated TO him that did not recognize lis Vahuily
or force. This claim 10 the once was maui 10 i, S
while 4 was attending meeting OF the BOaIH Oh
Police in an aute-TOOm opening from tho meeting
room of SAID board After such retusai on my par
10 recognize his claim returned 10 the meeting Oh
the Board and took part IN lis proceedings AlteI
The meeting won't 10 my private once IN INC
Police Headquarters Butdlng, ana I'Wailou ',oiS
for some time and then left said building. but hau
no further communication with SAID NacLeall ruI-
ing that day. After my departure sara Ma'beau
took pO.sessiOn of my room and Official papers NJ
the time of my pretended removal; ana at all times
since have protested against the Nahunty anu Vhl
eacy of the proceedings Tor my removal . -
Mr. Bangs appeared for the Mayor ana MI toWh-
send for MIR. Nichols on the motion 10 vacate Judge
lngailss order. MIR. Bangs interrupted MI. io"l.
send IN the statement of the motion WIN arequesl
for an adiouumtn mt. IL was then O'clock, ne sall
and the papers had not been served upon them until
IL o'clock that morning. Mr.. knox, VINO ma''o ,ile
application 60 Judge ingalls,. had gone INTO inc
country after his family and would not return uhiI
evening. Ii Was impossible Tor them under the
circumstances 10 prepare an answer NJ D"usi
asked an adjournment until to-day. MI lV"hhvh',
sand that the question purely one OF laN ana
nnt az fact and therefore, Mr.. Knox could state
nothing that would affect II. Judge lnealls hau
granted the order on the papers served upon thVI,
not on other facts known by Mr. Knox Tue answer
az Mr.. Bangs was that tue otaeT side renee, upon
defects IN the proceedings before Judge lnRls ana
Nil Knox could testify that there were no such ue-
fects. ,,;
with am order made by another judge OF the stand
ing of Judge Ingalls, do not desire 10 proceed very
sumnarly and wish to give full opportunity tor
YOU 90 show why IL should BE- continued though
confess was surprised You shOniu nave oOlainci ~
as am informed "a similar application was mace 10
the General Term of the Third Department ana re-
fused" -
Mr.. Townsend still insisted that Nh Knox could
furnish nothing additional 70 yhat wac oonIanvJ
IN tine papers. " say plainly, said the couhSyi
with emphasis, " that the only reason lot winch
they desire AN adjournment is Tor deiay-t0 gam
tune aud to yet the case away from your Honor.
They know that Judge lngass order would not
stand long for there are no better lawyers III the
cty than are on the other sltel, and they only pD-
famed il for delay" Judge Nestbrook said, now,
ever that the request seemed TO be reasonable, ana
he would adjourn the matter until IL o'clock To-