The Cincinnati daily star. [volume] ([Cincinnati, Ohio]) 1875-1880, 1879-07-02
HOGAN'S HEAD
Cut Off BY Governor Bishop,
How Is Hogan's Successor To Be
Appointed?
Another POstponement i'm the Dis
trict Court.

Dlsnop yesterday morning. Upon the
Court convening Mr.. McGarry, Hogan's
lawyer, made a motion to dismiss the pro-
ceedings, but the Governor would not hear
to it at all-would not even allow him to
| argue the motion, and ordered the wit
| nesses to be sworn.
Col. Wappenstein, Kinsinger, McGrana-
han, TAFT and Bell then testified to what
they knew about the improper conduct of
Mr.. Hogan in the Board on the 18th of No
yember, 1873 After these parties gave
their testimony whom by the way the Gov
ernor would not allow Mr. McGarrv to
cross examine, the Governor decided that
the charges were proven, and that he would
write out his decision in as short time as
possible. In the meantime Col Wappen-
stein had secured special train, and the
road was ordered cleared.
AT q minutes of 1 o'clock Wappensten
boarded the train, which consisted of
locomotive and one passenger car with the
documents in his pocket Like the ride of
Paul Revere, the Chief came through
ADJOINING in time to notify the Board that
the head of Hogan had fallen off. He ar
rived at the office Of the Police Commits
sloners just seven minutes before the Board
convened.
The following is the decision of the Gov
ernor:
COLUMBUS, O.. July /, 1870.
TO W. W. Sutton, President Of the Board OF Po-
Ice commissioners, Cincinnati, o.:
'SIR-You are hereby notified that, after
a full hearing and impartial trial of the
charges preferred by you and others against
Patrick j. Hogan, member of the Board of
Police Commissioners of Cincinnati, / have
this day adjudged him guilty of official
misconduct and caused to be served on him
notice of said decision and of his removal
from said office of Police Commissioner of
Cincinnati, of which true copy is here
with attached.
I'm witness whereof have hereunto set
my hand and caused the great seal of the
State of Ohio to be affixed al Columbus the
lst day OF July, Ammo Domini 1879.
RICHARD NJ BIsHop,
by the Governor: Governor of Ohio,
"MILToN BARNES, Secretary of State"
To Mr.. Hogan:
10 Patrick j Hogan, Member of the Board of Po-
lice Commissioners of the city of Cincinnati:
SIR-Whereas charges have heretofore
been preferred against you of official mis-
conduct, a copy of which said charges, to-
gether with notification that | should
proceed to hear and try the same at my of
flee, in the city Of Columbus, on Tuesday,
July 1st, 1873, at 10 o'clock a. M, has been
heretofore served upon you,
And, whereas, after full hearing and
trial OF said charges at the time and place
designated in the notice aforesaid, have
you guilty of official misconduct
as member of the Board of Police Com.
missioners of the city of Cincinnati. Now, |
therefore, I, Richard NJ. Bishop, Governor
OF Ohio, in pursuance of the power vested |
in me as Governor aforesaid, do hereby re- !
move and lave removed you from your of |
flee as member Of the Board of Police |
Commissioners of the city of Cincinnati.
In witness whereof | have caused the |
great seal of the State to be hereunto affixed. |
and signed the same with my hand at Col |
umbus, this 1st day Of July 1879.
RICHARD NJ Bishop.
Governor of Ohio.
BY the Governor: MILTON BARNES, Sec
retary of State.
The Board, composed of Messrs Sutton,
Weber, Dorsch aud Setchel, held d meet
ing after the receipt of the Governors or
der and transacted the usual Infirmary
business.
The question now is how is Hogan's sue
cessor to be appointed. The law passed
last winter says all vacancies in the Board
will be filled by the Commissioners. How
is this to be done? The Board now stands
two and two and the Republican members
surely will not vote for Democrat and
vice versa.
The case of Patrick J. Hogan against SUIT
ton and Others, Police Commissioners an
application for mandamus tD compel the
defendants to allow the plaintiff to take his
place as a member of the Board of Police
Commissioners, was called up this morning
Mr.. Bateman, counsel for Hogan, said
that the answer which had been set up by
.he defendants put a new aspect on the
,ase, which would make it necessary for
lim to confer with his associate counsel
who had just arrived from Columbus) be-
ore making a reply to the answer and he
lsked postponement until Saturday.
Mr.. Johnson said there could be no reply
n mandamus. He also objected to set
ing for Saturday. but was willing it should
'e heard on the 4th of July
Court-What is the answer to the peti-
ion?
Mr.. Johnson-It sets out the fact that on
he lst of July at trial of the charges against
Hogan was had before the Governor, and
hat, after full hearing, he found Hogan
;uilty and removed him.
Mr. Campbell counsel for Dorsch and
Hanson, said he had filed similar answer,
nd he presumed Hogan would have to
ring all entirely new action.
Court Ito Mr.. Bateman) DO you dispute
he statements of the answer?
Mr.. Bateman-We do, both as to the fact ,
# the removal as well as to its legal effect.
Mr.. Campbell-Do you claim that Hogan
vas not removed?
Mr.. Bateman-Yes, say he has not been
emoved in law.
1t was finally agreed that the case should
e heard on Saturday.