The New York herald., 1879-11-07
Continuation of His Trial Before
the Four Commissioners.
POLITICS INTROD u CED.
Counsellor Bliss ASSailS the Chairman OF the
State Democratic Committee.
Mr.. WHlTCHURCH ON THE RACK.


fans. of the Twcntyninth precinct. who is charged
by Mr. Samuel whitchurch with the clubbing of
Charles W. Smith. at Madison square last month.
was resumed yesterday. The full Board of Police
Commissioners were in attendance At the opening
of the case Captain Williams presented petition to
Mr.. French. who presided, requesting the privilege
of being represented by counsel, which was granted
Captain Williams thereupon despatched a messenger
down stairs, at the same time informing the Com
missioners that his counsel was in waiting ana
would appear presently. Counsel, however. did not
promptly respond to the call aid Captain Williams
made hasty exit from the court room, return
ing thereafter with Counsellor George W.
Bliss Mr. Bliss lost no time in taking charge
OF the case. On entering the court room
he did not give himself time to be seated when he
exclaimed-.I move for an adjournment of this case
until after the trial in the Court of Sessions Will
say that Immediately after the adjournment last
week I was retained counsel. and thereupon
went to the District Attorneys office and asked for
an immediate trial. was informed that there was
likelihood of the being called yesterday. But
the crowded condition of the calendar made
further postponement necessary. Captain Williams
and myself appeared at court this morn
ing prepared to plead to the indictment
and anxious that the case should go on. but it
was adjourned until Thursday. 1t will be in
and the strictest rules of justice it, under the cir
cumstances, adjournment is granted upon my
motion. assure the Board that the trial in the Ses-
sions will not be delayed"
THE APPLICATION REFUSED.
Mr.. Whitchurch. the complainant. objected to an
adjournment. He said that he did not oppose the
application of defendant last trial day for an ad
journment for which. he thought,
sound and substantial. 1.-The Board" Mr.. Whit
church said. sis law unto itself This Board has
the power to try its cases independent of the
action of the Court of General Sessions the in
dctment pending in this case. / therefore request
that the trial be continued"
Mr.. Bliss application was reduced to the form of
a motion and put to vote. Messrs. Morrison and
MacLean voted in the Affirmative. and Messrs.
Wheeler and French in the negative. The motion
thereupon declared not carried.
The fate of the motion not received with a
good by the republican representatives of the
Board. They remained mute with apparent aston
ishment as il the action of Messrs Morrison and
MacLean surprise. At last Mr.. French
turned to Mr.. Bliss and exclaimed, 'The motion to
adjourn Is lost"
'such being the case. mve nothing more to say"
said Mr.. Bliss. sulkily.
''Do you wish to examine any more witnesses,
CaptainY queried Commissioner French.
Mr.. whitchurch announced that he desired to
call of his witnesses. Mr.. Alexander Woods
thereupon questioned by Mr.. whitchurch.
'were you present at Madison square the day Of
the assault by Captain Williams upon Charles w.
Smithy' was asked by Mr.. whitchurch.
81 was standing on the west side of Fifth avenue"
the witness began, when he interrupted by Mr..
Bliss, who exclaimed
81 object to this witness being examined. He has
already given his testimony and object to his re-
call until we have had opportunity to cross-ex-
anime him"
Inasmuch the objection was not sustained Mr.
rogatores
Have you heard the testimony of Thomas H.
McGee?"
"a part of it."
'Did you hear the witness say that 1 conducted
myself in exctable manner at the time of the as
saut?'
"No; was not present at the time. but read of
it in the papers"
"Did you hear him say that made fool of my
self?"
"No; was not in the court room at the time"
81 would like to know" said Mr. Bliss elf the
witness is called experty' whereupon there
was general laughter. The witness. however, pre-
served dignifed appearance and made reply.
examination you used the expression. like master
like man. What did you mean by that?"
II meant that if Williams had OF assaulted Smith
first Fleming would not have dealt the young man
such powerful blow"
when Smith staggered back were there any peo-
pie behind him?"
"Yes. number; they prevented him from falling"
"Where were the people at that timer
'"rhey were all on the sidewalk"
MI. BLISS DOOM"
At this stage of the proceedings Mr. Bliss renewed
his application for adjournment. and in doing 20
he called the attention of the Board the fact that
lin granting his motion there were no witnesses
to be inconvenienced. He, therefore, urged that
the Commissioners could have legitimate excuse
III refusing his request to have the laid
over till next Thursday. In doing they would be
conforming TO the tlne-honored practices or the
Board In such cases lie there ore hoped they would
not be guilty OF doing his client such injustice
rs forcing him to trial during the pondency of a
criminal action in the Court OF General Sessions
Il wish to say Also. exclaimed Nr. Bliss, In a
cendo burst of indignation, 'now that the election
Is over there can bo no more political capital made
out OF this case, and therefore reason to press IL
to premature conclusion. Before election there
might nave been some such excuse. but not sum-
cient, nope, To influence this Board"
seeing movement OF impatience the part OF
Messrs Maclean aud Morrison at the irreleyancv OF
nterra>n BY e1elamnE in an excited ItSiSs tonS Of
voice-
II wish to say also that have right TO make
these remarks when / know that the Chairman OF
tile Democratic State Central Committee called on
my, client captain wihamsl before election and
during the pending trial. and threatened the defend.
ant that things would be made worse for him alter
election IL he did not throw his influence with the
democratic party and help their ticket The chair.
man of the State Central Committee also promised
Captain Williams the friendship OF the democratic
Commissioners of the Board IL he only acted
with the friends of Mr.. Tildcn during the cam paign
He promised Captain Williams that II he did so hc
would be taken of"
This announcement. rendered in impassioned
tone OF voice, acted like bombshell. Messrs. Nor
rison and MacLean appeared to be dumfounded,
remained Tor awhile In speechless surprise.
Mcssrs. French and Wheeler. on the other hand,
made concealment of their qualification the
dilemma which their democratic colleagues seemed
to he placed.
MIR. MacLean looked his increduity, while Mr.
Morrison heard say that the allegation was
"a weak invention OF the enemy" MIR. MacLcan
protested against Mr.. Bliss irrelevant remarks, and
Mr. Bliss responded that he wanted TO yentilae the
matter there and then. Mr. MacLean again pro-
tested that Mr.. Bliss statement had bearing upon