The sun., 1879-06-01
SIXTEEN ALDERMEN I'm COURT
Judge Gilbert Olives Those Accused of Con-
tempt Something 20 Thiak About.


tempt Something 10 Think About.
Tho sixteen Brooklyn Aldermen who we're
arrested for contempt OF court in falling to call
special election. as ordered. to MI the vacan-
cy caused by tho election OF Alderman Daniel
OReilly to Congress. sat in a semicircle in front
OF Judge Gilbert In tho Superior Court room in
BROOKLYN yesterday. Tho Republican Alder
men who arc under arrest are William Il. Ait
ken, David s. Stewart. Charles ID. Graham. Will
liam II. Ray. ]. II. B. Smith. N. J. Petry. W. II.
Waters. George W. Williams. Andrew d. Baird,
John French. Joseph @. Hacker. William A.
Fritz. Benjamin B. Seaman, John Droyer, and
James q. Powers. Tho only Democrat In tho
party Is Alderman Daniel 0'Connol OF tho Ninth
Ward. Mr.. Thomas Kelly. the petitioner In the
case. was represented by Cen Roger A. Pryor.
Corporation Counsel Do Witt wished to SEQ Mr..
Kelly in court. because. no said no had reason
TO doubt his existence. Tho affidavit made by
Kolly rocites that no is an eloctor OF the Twelfth
Ward. There aro six Thomas Kellys I'm tho
registry list OF that ward and they all dony that
they are tho rclator Mr.. De Witt had an afflda-
Wit that ihero ia no Thomas Kelly,
ucn. ryor.Pcrmit me to say that no Is aviR-
orous nctunlty Of human existence.
Judge 0ilhert-I don't think that II Is noccs-
saIy to go into that.
Mr.. Dewitt said that the Court had never seen
the rolntor; those whom hc prosccutes have a
right to know who no Is. and they demand to bo
confronted by him. case was never heard Of
before whero tho reator never appeared in
court. although his case cnme up repeatedly
What II Il should turn out that there was no
Then" said Judge Gilbert. we will punish
tho guilty PARTIES"
Mr.. DeWiu then submitted paper signed by
all the arrested Aldcrmon, in which thnY de-
Mod Tint they intended to commit n contempt OF
court, and said that they nctcd in reliance upon
the advice and opinion OF the Corporation Coun-
sci. and decidcd that pcnding the appeal
Daniel ,O'Rcily should not act ns Alderman
Mr. DeWtt argued TINT the procccdings under
the mandumus ofthc General Term wcrc stayed
by his notice OF appeal and tho undertaking
which he iHed as soon us possible .aitcr tho
Common Council decided that he should appeal
Never in tho history Of the iudicatures Of tho
world, he said WIS an appeal takcn with moro
pcalcd from. Without any notice 10 these Al
| dcrmen. public officers presumed 10 do thoir
duty. the, counsel comca into the court TO prose-
| cute, and IN onlciOus Sheriff busics himself in
hurry ing thcm from their houses nt night. Was
u possible that upon such pins heads and such
sn9rp prnctlce men wore to bo consigned to Jail.
Gen. Pryor con,cndcd that the refusal TO ohcy
the mandate preceded tho appeal. and that the
Aldermen had put themselves into contempt
| before they had attempted tp stay the proceed
ings. Their refusal to obey the writ OF manda-
mus constituted indubitahlo contempt.
Judge Gilbert said that he would rescrve his
decision until Tuesday. Then he would decide
whether the Aldermen werc guilty ~ contomut
and what pun lshmeni should be- inflicted. Tho
statutes authorized him to impose n fine Of $3.50
to imprison tho offender Tor not exceeding
or 10 imprison them until they obeyel. or FOR
not moro than six months. and to fine thcm
$3.50. Tho Aldermen had an unqucstionablo
right 90 iake an appeal hut Il WIS right not to
| bo exercised IN contravcntion Of plain and
Imperative duty. II It should turn out that
they Were guilty Of contempt. It may hc that tho
law would require him to take notice Of II.
Alter the adjournment President Ray said
that he considered that thcy tthe Aldcrmcnl had
judicial notice 10 either call an election on Non
day or 10 10 tq lail lie thought that the Board
wns In the right and he WIS willing To go to ltil
for his belief. hut he doubted very much whether
his usspciains wer, willing To sacrifice them
selves 81 much rs that. and he expected that to
mitigate the threatened punishment they would
act ON Monday rs directed by the Court.