New-York tribune., 1879-03-31
F0uR RETTCENT DEFENDANTS.

IL
, up AIRING IN THE COUNTY CLERKS CASE.
UrnrRr O. THOMPSON AND MS THREE ASSOCIATES
ryrrsE TO ANSWER DEVORr POLICE JUSTICE
nrPry-TUEY ARE HELD POR MIsDEMEANoR,
prr ABE pFry.sED on WRIT OF HABEAs
CORPUS.
County Clerk Thompson and Messrs. Costl-
gan Cannon and Clarkson. who charged with nav
ing forcinly entered the County Clerks ofice on the
morning OF March II, assembled at the Harlem Ioco
Cour; on Saturday TO listen TO decision Dy Jus'ice
Duffy At the first hearing, on Tuesday last' tne uc
PENDANTS waived examination, but the prosecution
claimed that evidence to substanate the complaint
sbonld be received by the police magistrate justice
Duy in rendering his decision said there were certain
things which the defendants could waive. Among
these were the examination OF witnesses III suPoI Vi
their defence or any corrections or additions 10 ne"
examination. They could 90 into ful delehce UT ho
defence et ALL He thought WAS his duty TO e1amhe
the complainant and his witnesses. During the readng
Of the decision four defendants with their counsel
iessrs Knox, Holmes and Fellows, sat within the pFls-
oncrs' railing. When Mr.. Beach called Mr. GumDlston'
the first witness TO the stand Counsellor Knox stepped
forward and said: 1--WE are in court TO give bail and to
waive examination, and demand as matter oi Hgh'
that the case shall be dismissed in this court
Justice Duffy replied that the same demand had bech
made al previous hearing and be thought his decision
answered the plea of the counsel
Colonel Fellows then said We desire to say tpat
we shall now counsel and dCondants leave the court
room and moi attend the examination unless your
honor shall put the parties into custody"
The JuStice-The defend ants are now in the court anu
cannot leave without the consent of the Court VIII
put them III custody.
Colonel Fsllows-And the Court viii not permit them
to lcayc1
The Justice-Not durns tie examination We are
now proceeding with The examination, ana uu"eI 'H'
law they must be present
Colonel Fcllows-Wil you direct officers to prevent
the defendants from leayngl
The Justice-I have not yet.
Coioncl FelIoWs-W.ly yoUl
TIE Justice-As soon as have begun TO take testi
mony.
After these words the four defendants rose thre"
Their ovorcoats their arms aud formed In process
sion TO march Of the court room. The procession
was lcl y Colonel Fellows, then came all four defend
ants. and last of all Mossrs Holmes ana Knox. Ihey
opened the gate leading the audience room aad pro-
cccdcd to march slowly down the middle aisle IN slow,
mcthodcal manner.
Justice DuGy-Ihe gentlemen may be seated
Colonel Felows-The gentlemen don't desire to be
seated We shall leave the court room unless restrained
hy the Court.
The JusticcThe officers VIII see tDat tho delcudahs
do not leave the court
Two policemen then locked hands at the end OF the
mddle-asc aud stopped the procession Colonel Eel
lows walked out Of the ROOM The others retired TO
their seats and the examination was begun.
M Gumbcton said he elected County Clerk IN
1876 by majority of 10000 votes. LETT my Office
he SAID " about o'clock on March IL About IL O'Clock
that night was first informed Of my removal from
olico hy a reporter OF TIE TRIBUNE did pot receive
the following morning. went to nv office at O'Clock
and was denied admitance. The waichnan -ad he had
instructions not to admit me- ON the following day hr
Thompson sent for the combination OF the sale ana
gave it." "
10 examine Mr.. GumbetOn All examination has been
waived" said Mr. Holmes.
Alexander Dowd was on guard in the Ohce the night
Mr. Thompson took possession. He disturbed about
8 O'Clock IN the morning by heavy pounding ON the door
He aferward saw fifteen or twenty persons IN the ONCE
and the four defendants were among them MI IhOhp-
said he the County Clerk and was the custodian
OF the building. The witness then asked permission 10
go. He the City Hall station House and asked
ioF men TO gaiu guar f @ pace dn ct9ned 1 ~ t Se
Court IIouse and the wachman refused To let him in
James p Burke, John L. Wade, Mechanics Lien
Clerk under Mr.. Gumbleton, and NJ. j. McCosker, The
antor OF the Court House, also testified about the
Henry f. Knox testified that he was at the County
Clerks office about haltpast or o'clock on the morn
morning newen to Judge Days h9gse MIN NE NE 1n9P D #
Office, and having his bonds approved az County Clerk
The case was then rested Tor The people, ana Judge
evidence. Mr. Thompson continued to read news
paper which had engaged his attention during the trial
and the other defendants made no answer. A long
silence followed. which was broken by Mr. Beach ask
ing, What do the defence answer = " They make no
reply" said Justice Duffy. Only that don't desire to
make martyrs OF you, should
Permit me to say" broke In Mr.. Beach, that the
defendants acting under the advice OF counsel Not
having tine ordinary courtesy Of gentlemen to answer
the proper Inquiry there IL nothing TO do except to hold
them To ball 10 answer for the offence"
The Justice tben held each Oi iilc defendants in 500
to answer. They made reply and offered no bHl.
The Justice retired the bench and short time
returned. He said that he understood that they had
applied for of haheas cOIpnS. In order not to
defeat their plans lie would make the ordinary
mtmeut and leave the prisoners In the charge OF the
Sergeant Of police \ writ uf habeas corpus OBJ
laincd from Judge Lawrence IN supreme Court Chan.
bcrs, in the afternoon. The defendants were then
brought down to tue Court House, where Sheridan
Shook signed the usual bail bond.