The New York herald., 1879-08-09

affidavit stated that the order to show cause
granted in this matter. returnable then be-
fore the Court. served upon him ut h-
house at five r. NJ. August s.; that he then
had his tickets purchased for journey out or town
10 !oan Yachting M sn io,,nv that 5e = moi
the attorney of record in this proceeding, bnt wa
engaged as counsel in the preparation and sersFe
the writ of prohibition that be would NECESSARILY
be absent from town until August IL; that II peins
understood that the writ was returnsble on Au9uss
Is he had made his preparations accordingly 10 leave
the city with the Intention of returning on that
date; that Commissioner Wheeler had also lett the
city with the understanding and expectation that
his presence would not be required in court until
August Is; that at the time the return day was
named in the original order he informed the Court
that he about TO leave the city aud would be abb
sent until the 18th inst, and that this date was IN
the blank place prepared in the order to receive such
date the Court might direct that after the blank
ied he told ms client he might leave the city
and the latter did leave. with the understanding that
August Is; that he thinks and verify
believes that there is no good reason why this mo-
ton should be taken out of the ordinary course in
which it had been placed ON the calendar. because
Commissioner Wheeler was not performing any du-
ties As Police Commissioner; that the offence with
which he is charged relates to moneys none OF
which. IT is alleged. has been received by him since
about the mouth OF May 1873; that such moneys
are now on deposit in the Bank OF North America to
the credit of the attorney of record aud subject
such order may be made by any proper
thority to its final disposition; that most
or the facts in connection with such charges
were known to Mayor Cooper prior to May last, and
that if there is any proper occasion for pubic
in securing the removal of Mr.. Wheeler to be done
by the Mayor without recourse to these proceedings
the city charter provides method in which Mr..
Wheeler may be removed at once by the nomination
by the Mayor and confirmation by the Board OF
Aldermen OF his successor in office; that deponent
such nomination. but that they have not been NOM
mated and that this proceeding the part of the
Mayor Is not III the public interest.
ON THE SICK LIST.
An affdavit also read by Mr. Schelly from
n"t h acara 'ns rom Hcs 1t mr.
sets forth that the order to show in this pro-
ceedng was not served on Mr.. Root personally. but
left at his Office; that on the evening preceding such
service Mr.. Root left the city visit to the Adron
dack Mountains that he had since telegraphed Mr..
Root, but had received no answer, and that he
ceived yesterday despatch from Mrs. Root stating
that Mr.. Root was sick and could not come to the
city at present.
MISTAKE SOMEWHERE.
Judge Van Brunt stated that Mr. Bliss was evil
IDENTIFY mistaken to what occurred i'll relation to
the return day; that at the time the writ gran
the return day was filled in the order, and that
his attention called to the fact that the return
''Mr. Bliss stated to Your Honor" said Mr..
Schelly THAT he was going out of town."
"fes, r., answered Judge Van Brunt, che stated
that. but there return day filled in by me
after l signed 1t. From the time the order was
handed to me until it was signed by me it was not
out OF my possession minute.
II don't think said Mr.. Schelly, ''that the affi-
davi states that the Court did otherwise than has
now been stated"
HEARING NEXT TUESDAY.
Judge Van Brunt said that il there nothing
further to be stated either it seemed to him
that considering the importance of this case if the
defendants desired to have the matter heard at an
earlier date they entitled to have it, and tho
Court would therefore far grant the order as to
make the original order the writ returnable for =
hearing on next Tuesday the 18th inst.
Mr.. Schelly said that it would be very embarras-
sing to Mr.. Bliss, also Mr.. Root, both of whom
had made arrangements to be away until the 18th Of
the month"; stf
''Inat is all very true said Judge Van Brunt.
'but Mr.. Bliss should not make application OF
this particular description this of the year
ii he did not want it to interfere with yachting"
The matter tor the hearing being thus definitely
settled all the parties present specially interested
the proceeding at once withdrew from the court
room with varying comments to the disposition
that had been made OF the case.