New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-03-20
STRIFE AT THE CITY HALL.



CASE WITH LEAVE TO FILE PAPERS
Police Commissioners Erhardt, Nichols and
Smith appeared before Mayor Cooper yester-
day to answer the charges preferred against
them. The Mayor declined to hear counsel,
and when General Smiths counsel persisted
in speaking, the Mayor became greatly excited
and ordered the police to remove them from
the room. All the Commissioners declined
to answer the Mayors questions, and demanded
specifications of the charges, with the evidence
they were based on. The Mayor allowed each
Commissioner twenty hours to file papers
before the cases are finally closed. Criminal
proceedings will be brought to-day by Mr.
Gumbleton's counsel against County Clerk
Thompson for his forcible seizure of the office.
A TRAVESTY OF INVESTIGATION.
LUDICRoUs sCHAEs AT THE HEARING or THE POLICE
CoMNIsSIoNERs-MAYoR COOPER REFUSES TO
HEAR COUNSEL FOR THE COMMISSIONERS, AND
SUMMONS POLICEMAN TO EJECT THE LAWYERS
-THE LATTER ASSERT THEIR RIGHTS, AND ARE
UNMoLEsTED.
The hearing" Of Police Commissioners Erhardt,
Nichols and Smith, before Mayor Cooper yesterday
in answer to charges preferred against them by the
Mayor, was the occasion Of a very remarkable
called the police to his assistance. The previous
refusal of the Mayor to give any Informa-
ton in regard to the conduct Of the hearing
only served to confirm the account published in
The TRIBUNE that the hearing would be short, and
that neither witnesses nor counsel would be heard
This did not deter the commissioners from appear
ing with counsel, who came fully prepared
to assert their rights. Promptly at noon Com
missioners Smith and Nichols arrived with their
counsel. John D. Townsend and Aaron j. VandeTpool
appeared for Mr.. Nichols, and Senator EcclesiDe
and Mr.. Bartlett for Mr.. Smith. The Mayors room,
which bore the appearance of a court room, with
Mr. Cooper occupying seat at the end of Il table,
was comfortably filed Among the spectators
were Coroner Flanagan, Aldermen Sauer PerIey,
Morris and Hyatt. John Tyler Kelley, Thomas J.
Costigan Colonel Giion, Superintendent Walling,
aud others.
The Mayor bowed to the Commissioners and in
CURED if Commissioner Erhardt was present. Mr.
Erhardt not being present some time was consumed
in waiting for him. At last he entered with Elihu
Root, his counsel. The Mayor then asked hr.
Erhardt If he had received his letter of March IA,
and stating his readiness to hear any reply IN re-
ference to the same. Mr. Erhardt replied to this by
reading statement denying the right of the Mayor
to remove him, except by the consent of the Board
as he was holding office only until the vacancy was
filed. The Mayor said he would override this OBJ
lection as he believed he had jurisdiction and power
to proceed. After the objection had been noted,
Mr.. Erhardt presented another paper, stating that
the charges contained in the Mayors letter were
too vague and indefinite to admit of any answer,
and asked the Mayor for specifications. The Mayor
virtually ignored this request, and questioned MIR.
Erhardt in regard to the correctness of the alega-
lions in his letter. Mr.. Erhsrdt declined to answer
further unless the Mayor gave specifications, but
added that lao would submit a written reply, which
he expected soon.
While waiting for this reply Mayor Cooper turned
TO General Smith and said he was ready to hear
ANYTHING in answer to the charges. Mr. Bartlett
responded that he appeared, with Senator
Ecclesine az counsel for General Smith. Mayor
Cooper replied promptly and emphatically that he
declined to hear counsel. Mr.. Bartlett added
that he was prepared to answer any questions
propounded to General Smith. The Mayor said still
more decidedly that he would not hear counsel, and
that Mr. Bartlett must not interrupt the
proceedings. That is all" 1t is not ALL"
loudly exclaimed Mr. Bartlett, and he proceeded to
demand that as counsel they be heard. Mr. Cooper
declared in the most emphatic manner that he
should control proceedings IN his own Office and
Smith whether he had any answer to make to the
charges. Mr.. Bartlett replied that he had, and
would say il through counsel
At this reply Mr. CoOper's face flushed, and he
rapped vigorously on his desk; then he stated
that if Mr.. Bartlett persisted In interruping the
proceedings he would have him put out of the Of
fee. Mr. Bartlett exclaimed in a loud tone that
he was there to protect the most sacred
rights of q citizen, and that he would be
Ha han
which he said was Mr. Smiths answer. The Mayor
insisted that he would not hear Mr.. Bartlett read
the paper. and ordered him to stop. The only reply
on the part of the counsel was to elevate his voice
and continue the reading. The Mayor raped again
on his table in an excited manner. and declared
that he would call an officer. This having
no effect, he jumped up IN great excitement
and walked back to n window where Corporation
Counsel Whitney was standing. and, after a few
words of hurried consultation with HIM and with
Chief Clerk Morrison, he returned TO his seat.
Mr.. Bartlett again proceeded to read, when the
MAYORS indignation seemed to exceed all bounds,
and he called loudly across the room: Officer !!
Officer come here and stop him y The excitement
among the spectators was growing intense, and men
began to take up their hats and OvercOats and move
their chairs, apparently expecting apolice RAID The
Mayor sounded the electric alarm which connects
with the police station IN the basement but there
seemed to be an nnaccOuntable delay on the part of
the police 10 making their appearance. Mr.. Bart
lett continued to read ana Dir; COOPER m S
who is detailed for duty IN the Mayors room.
Ofi rer Van Zandt, however, was mysreriouslv alb
sent at had suddenly lost his hearing; but Sergeant
Condor soon appeared and asked the Mayor what
he desired him TO do. "Stop himl Stop himF OK
claimed the Mayor pointing to Mr. Bartlett. " Re-
move him from the ROOM" he added.
The scene was now one Of great excitement and
confusion. The sergeant appeared to be in doubt
what TO do. and looked first at the Mayor and then
at General Smith President of the Police Board
hut he finally laid his hand on Mr.. Bartlett's arm
and asked him TO desst Senator Ecclesine
ouckly arose from his seat and took the document
from his associates hands and continued the read
ING. The sergeant then placed his hand on
the arm of Mr. Ecclesine, who turned sharply about
and warned the policeman that he was officer of
the Supreme Court of the state. and entitled to be