The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-03-25
CART WILLIIMs's TRIAL.
Postponed for Ten Pays, 40 that his Lawyers
May Prepare ~ Defence.

Postponed for Ten Snys, 40 that his Lawyers
May Prepare Defence.
Tho trial room and the corridors OF the
Police Central ONCE wcrc crowded yesterday
afternoon by those who desired to hear the tcs-
timony in the trial OF Capt. A. ). Williams for
assaulting Mr.. VIM. V. Blake in Gilmorc's
Garden. williams arrived cnrly. In his left
hand were some papers and book OF
"rulcs and regulations" and his right
twitched instinctiyely. as though clutching
for club. as he looked upon tho several
witnesses for the prosecution. Gen. Smith.
President OF tho Police Commissioners soon
arrived. and then Commissioner Erhardt
entered and took his scat to the left Of the Pres
idcnt 4 little later Commissioner Nichols ar
rived. The Secretary Of the Board. after n little
consultation between President Smith and
Commissioner Nichols called up Capt Will
lams. He also called tho witnesses against
Williams. Messrs. VIM. V. Blake II. b. Living
Bton. II. Cram II. Thompson. Joseph Mcmahon.
Samuel Eckstein VIM. NJ. Hogarty. and J. Nj. H.
Williams.
Capt Williams then. stepping out into the
vacant space in front Of tho Commissioners,
said
Before proceeding with this trial. Mr. Presl-
don't and Commissioners. | have request to
make. Respectfully ask the adjournment oitho
complaints pending against mo. for tho follow
Ing reasons; First. lack Of timc To- prepare my
witnesses. Second, there Is strong presump-
tive evidence that Illegal and corrupt means
have been used to procure complaints and evi.
dcncc against me. Third, the irregularity Of at
least four Of the complaints, they not having
been served upon me IN eonpllnnc- Win the
rule adopted 10y this Board Dee. 10. rs which
SAYS that all trials Of MON bcrs of the force shall
be based upon written charges and speciilca-
tons II complaints which have passed through
the hands OF the Committee on Rules and Disci
plinc and been approved by them rs warranting
action and furthermore in violation Of rule SO.
which also requires reference TO- that Commit
tee. None of these complaints have been re-
ferred TO tho Committee on Rules and Disci-
pine Fourth. the papers having bcen served
on mo only ON the 22d inst, Mt O'Clock 7: NJ.
and the Commissioners having since held no
meeting, WIS unable to procure the necessary
permission from the Commissioners 10 employ
counsel. and respectfully ask. for thnt reason.
that the complaints be adjourned 70 two weeks
from this day. to April !. on which day my
counsel will be present and appear for my de-
ers should he present at my trial | have the
right TINT they shall both see and hear tho wit
nesses called to be examined. insist on the
right to br heard by counsel and ask for the adj
After Williams had concluded. there was n
abort whispered cons ultation between Pres dent
Smith and Commissioner Nichols. Commits
sioner Erhardt took no part in the nsullaton.
" The resolution 70 which You have referred
is meant ms one Of the rules Of the Commits
sioners for the guidance OF themselves. and has
no reference to anybody outside 81 them. And
20 one who comes into tho court TO answer to
charges IT makes no difference whether the
charges hive gone through the hands Of tho
Committee on Rules and Discipline or not. Tho
time that has elapsed since tho notice was
served upon you Is all the time tho law requires
and AL that has AZ a general rule. hecn allowed
In such cases. In regard TO the presence OF the
fourth Commissioner. it is not necessary under
any law or resolution OF the Board whatever
and there Is no reason on that account for post
Commissioner Grandchildren did you re
ceivr those charge
Willams-Ai o'clock P. NJ. on the 22i.
Saturday"
And this is Monday"
" Yes. sir"
How many charges did you then receive ?"
Tho principal question here. as I under
stand. is the question Of the employment Of
counsel, The Board. rs / understand 1t. have
always hold that the accused could appear by
counsel, especially in cases where the punish
President Smith, know Of no case where tho
Board has ever denied counsel when 1t was
Commissioner Erhardt-Is your counsel pres.
on WS?,u,oms-vo Il, ,ovo ~. .nn,,..,,o.
here asking permission 70 employ counsel.
could not employ counsel without the Com
missiQners' pcrmiss ion. When the President
Gays this rule was only for the guidance 81 the
Comm ssioners, / would say that II was issued
as general order hy tho Superintendent. and
that the words in the heading Of that order
were " for the information and guidance Of the
force ami not for tho information and
guidance Of the Commissioners"
Commissioner Erhardt-It seems to me there
can be no question in the minds Of the Board
that an officer charged with an offence has n
right 10 defend himsef by counsel II he sees 1T.
President Smith-How long do you desire an
adjournment for2
Williams-Two weeks from to-day. would
state further that the gentleman would employ
as counsel is absent from the city.
Are YOU certain he will return in time for the
trial AZ that time p
oh yes. H. will be here tho latter part Of
this week or the first Of next, in time for me to
prepare n defence"
Commissioner Erhardt-I movo that IN nd
journment be granted for ten days.
President Smith alone voted in the negative.
A further motion by Commissi Toner Erharlt that
Williams BE- author zed 10 appear by counsel was
carried unanimously.
The Clerk then announced that Capt Will
liams 3 trial WAS q lJourned to April 3. Mt l.
o'clock A, NJ. and thrreupon President Smith
took his departure. and four lifths oil the many
Spectators followed his example.
As the multitude moved down stairs the talk
on all sides was; He wants to wait until
Wheeler. who is his hacker. gets back" Won't
he make u hot Tor those witnesses. now that he
knows who they nre z SEQ If he dont sct
them all in Jail before tho day Of trial."
FROM A FIFTH STORY WINDOW