The New York herald., 1879-03-27
THE COUNTY CLERKS.
PREPARING FOR BATTLE-MEssRs. THOMPSON
AND oUMDLEToN SCANNING THE SITUATION


AND ouMDLEroN SCANNING THE SITUATION
VIEWS OF COUNSEL
There was less excitement in public places yester-
day concerning the removal of Mr.. Gumbleton and
the complications growing of it. There were the
crowds gathered about the public offices WHICH
were to be seen the trouble began and rumors.
If anything were more plentiful than before. There
seemed to be u strong sentiment expressed on all
hands that action perfectly proper
and legal in removing Mr.. Gumbleton but 1t was
equally strong and general in condemning the
forcible entry of the Office by Mr. Thompson and
those whom he called to his aid In reference to
the latter it was said by many that there is not
shadow OF excuse to be urged for their course, as
they were civilians in way interested except by
sympathy. Much speculation was indulged in as to
the future disposition Of this matter and Justice
Duys decision the application to release the ac-
cused on bail. which will be delivered on Saturday,
is awaited with considerable interest by not only
those concerned but the public generally.
THE NEW AND OLD.
Mr. Thompson. the County Clerk. was at his
Office until late last evening" surrounded by several
intimates among whom were Thomas Costigan and
Emanuel b. Hart. Mr.. Thompson. when addressed
about the Harlem Police Court proceedings. spoke
aippantly remarking that lit was only fun for us.
He said that phase of the affair gave him very little
concern. The police guard at the door OF his otice
is still maintained. but why tins precaution Is stlii
said that the pressure for appointments il so great
that several Important changes will be made on the
LIST of April. Mr.. Thompson said last evening that
there were no Developments ana that both sides
are resting their oars until Justice Dufys opin-
ion rendered.
Mr. Gumbleton spent the greater part Of the day
IN consultation with Mr. Mitchell. his counsel in the
police court proceedings. Mr. dumbleton was ren,
Of Saturday the question of accepting bail and said
that in the meantime matters are IN the nature or an
armistice. Mr. Mitchell severely criticised the claim
made the other side that no examination OF wit
nesses should be gone into Taxing up the second
Revised Statutes he pointed out sections and
in support of his position, which read tnus-
Whenever complaint shall be made any such mags.
tae that criminal offence has been committed y shall M
complainant and any witnesses who may be produced by
magistrate before whom any such person shall be
brought shall proceed soon as may be to examine
the complainant and the witnesses produced in sup
port OF the prosecution OATH in the presence Of
the prisoner. regard to the offence charged and
charge which such magistrate may deem pertinent.
''That." Mr.. Mitchell remarked. SHOULD satisfy any
that we stand on perfectly tenable ground"
Mr. Mitchell went to Albany last evening on some
mysterious mission IN connection with the County
Clerk matter. The NATURE of his errand could
. not be ascertained, but it is believed to
have some connection with the appeal Of MIR.
Gumbleton to the Legislature asking for the
snnointment of n spec,al committee on its part 10
investigate the whole subject of his removal which
introduced in the Assembly yesterday. and which
communication also charges Governor Robinson
with having acted in partisan, unfair spirit 1t Is
apparent that Mr.. Gumbleton and his immediate
counscllors are determined to employ all channels
5ec What this may result in is food for gossip and
conjecture especially as the charge brought against
Mr.. Thompson is so entirely novel, there having
been. 1t Is asserted. but three such cases-that OF
"misdemeanor in taking possession by forcible entry
and detainer"-ever brought in the courts OF this
city.
Ex-coUNTY CLERK GUMBLEroN APPEALS TO
THE LEGISLATURE FOR COMMITTEE OF IN
vEsTIGATIoN-TExT OF HIS MEMORIAL.
ALBANY. March 2G. 1879
memorial was received in the Assembly this
afternoon from Henry A. Gumbleton. late County
Clerk of New York. which, after reciting the pro-
ceedings had in his removal asks for u special
mittee to investigate the 1t read in due
Mr.. Holahan offered resolution to appoint
such q committee. Mr.. strahan. rising to debate
the resolution went over. The following is copy Of
the memorial
The undersigned Henry A. Gnmbleton, resident AID
the Assembly that he w.sd1iy elected clerk % said city
S.sSassss sss% ., na anS S,oSs?,
that ON or about .Janunry "a, 1879, charges
fore the sisyernor and summoned by that Official
put IN & hs % +" =, said said % % nsr oath On Feb
duly appeared the charges by the
eoSnsSi sci .uCmi.iod an oral argument in the na s'
, tire of demurrer :" the % effect that upon
Petitioner complaint. and
has been Afforded petitioner Or 70 defend
der the constitution the laws State
He has been removed from his office without further
believes that Of since sss sSs
pssi.ieaer prslsdee and against the discharge
tioner fair trial and n opportunity to pre-
against him IN legal and impartial that the
srno in deciding the case Of your did not act
ambition aud intrigue and was subjected TO and uenced
%oying Ds.i,iSnsr and appSi1,ins Huber, .
to SeS York Sy special ms;sensss and by him carried
and in the of Henry RsoS Of said eom
pI.nsp po. was entered into with tho operation Of
lake foreble entry into the office Of which Clerk
petitioner in peaceful and lawful possession: that
% to the '1a s
Justice Of the Supreme Court who approved his official
clerk ,ha. on the morning q said March is 1870
By his seeo@pes TO- the number nsa "nS o
sbout hfioen. made forcble entry into the cs
and his assistant. who il shsyse 81 said c6se is
sion Of said Office and the books and paper. belonging
90 IL. Your peititioner was not informed Of these
Il the 18th of March and was not served with copy Of
the removal papers oclOck OF
that that the from Albany who
brought said to New York arrived there about
O'clock ~ night; he made communication to
your petitioner OF the fact of his attempted
removal, and your petitioner believes that IL
purposey concealed from him The said rioous and Grim
nal proceedings originated aud carried secret
your petitioner believes and charges that the
bringing said acted under from his
principals In conceang know ledge of them from your
petitioner and petitioner shows that the charges
preferred against him originated In political In
tgnc having Tor its object the subvcrson of the will
of the people expressed In the majority Of 5000
which your petitioner elected to his said of
County Clerk. through his unlawful removal thcrefrom,
and by the appointment OF violent partisan the
whence these charges emanatd that the Of
State apprised of this intrigue charged in the
gcrs submitted 60 him as aforesaid aud undenicd
Your petitioner charges that he the
dation of his exalted Office and the OF
thorty, that by OF these Illegal unjust
proceedings petitioner has been seriously
in his reputation and character public officer rep
utablc citizen
He respectfully asks that the Assembly may appoint In
lis discretion committee from its body to investigate the
said unlawful proceedings including the papers
the Governor aforesaid gnd IL the Assembly please
including also the whole action OF petitioner such
County Clerk. and TO take such further action the
prenises bo demanded by the dignity and
Justice Of the State and the done to your