The New York herald., 1879-08-03

sToagh TIE Department. Of Clothing o. sH OF Of
office ocioek r NJ, Monday, august isze and
Board Of Police give Instructions TO tina. effect 81,
- y should not be practicable TO turnsh any por3 9,
the time request that that be furnished be
EDWARD COOPER. Mayor
The action of the Mayor in requesting the Police
Board to furnish any documents or other evidence
bearing Commissioner Wheeler's alleged EN-
bezzlement has led some persons to suppose that he
intends to go into exhaustive examination of the
mer..s OF the whole subject; point of fact
VIII give Mr.. Wheeler trial. in the legal aecepta-
ton of the term. 1t will be remembered that
when Commissioner Smith and Ex-Commissioners
Erhardt and Nichols appeared before His Honor,
the l4th OF March last, to charges preferred
against them, they denied the privilege of
counsel. and force was used to prevent the laters
"interterence in tine examination. Whether a
similar scene viii be euacted tomorrow is
not known; but 1t is certain that the
cused Commissioner will demand the right
of being heard by and through his counsel,
Messrs. Bliss Davenport and Root. few friends
OF the Mayor stated yesterday that in their
opinion His Honor would not only allow counsel to
represent Mr.. Wheeler but that he would let the
lawyers introduce evidence to robut any charges
that might be substantiated. He would say noth-
ing, however, on the subject yesterday.
wHEELER's ANSWER.
Only one of the documents that viii be presented
to the Mayor in Mr. Wheelers behalf had been pre-
pared late Last night. Ii relates to the question
Official after his term OF Office has expired II opens
with the usual legal phraseoogy, and then in few
words gives the time OF the expiration OF Mr..
Wnceler5 term OF oiice:-
Except that said Wheeler
appointed and qualified he continues 70 hoid the saa Office
in such case made and provided and has ever since The
duties OF sucn "a oee only a. aoaay sne same rni is sue
in this bshalf except BY the appointment OF successor
men OF the city New York thereon
% s y New YORK a. has %as'Sl % is A ss
or sgthorty IN this or to remove % him. Tue sa
the Board of Aldermen. -'
All the other legal papers will be prepared by Mon
day noon so as to be submitted to the Mayor At one
p. NJ Counsel have under advisement 1t is said the
preparation of document showing that the Mayor
cognizant OF Mr.. Wheeler alleged deficiency in
his accounts early as January last. From drafts
OF document roughly sketched by one OF the attor-
neys 1t appears that Commissioner Erhardt in the
course OF his famous interviews with His Honor
at City Hall. informed the Mayor OF what little
he knew of the affairs OF the COMMISSIONER 1t il
said however that His Honor also gained
information the subject from other
sources. One of Mr.. ErAardt's interviews
with the Mayor bears directly the matter.
He was asked whether. in acting as q member OF
the Board of Police. III the auditing of accounts, he
had any knowledge OF any moneys being paid to
people who did not earn them or who were not en-
titled to receive them Mr.. Erhardt replied that he
not the Auditing Committee His Honor
Erhardt himself personally Knew of any case where
money had been applied i'll an improper manner.
The COMMISSIONER evaslVely replied that no Mayor
had ever looked into that matter. He further
explained his position by saying that he was
not on the Auditing Committee and had
refrained from taking part i'll the mat
relating to the payment OF bills. No
further questioning by the Mayor could elicit
any further information from MIR. Erhardt. SPECIFIC
questions relating to Mr. Wheeler alleged troubles,
rumors OF which current about that time. it is
said Mr. Erhardt positively refused to answer His
Honor. it is claimed showed himself to be most
thoroughly posted as to everything done by Mr..
Wheeler; but his information couid not be con-
frlned by anything to be learned from Commits
sioner Erbardt. .4.
Corporation Counsel Whitney has not yet given
his opinion to the person to whom the S6,OOO now
in Mr. Wheeler's possession should be paid. The
Police Board have requested Mr.. Whitney to give
his judgment the subject; but the papers have
net yet been received by him.