The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-03-30
CLERK TllOMPSON'S ARREST.
REFUSING TO dNSWER BEFORE Police
JUSTICE PATRICK DUFFY.

the supreme tOurt-Helenscd on 5000 hnu
when County Clerk Thompson, Supcrin-
tcndent Costigan OF tho Ciiv Record. Edward A.
Carkson. tho newly appointed janitor Of tho
County Court House. and William Cannon. n
messenger to the County Clerk. appeared he
fore Justice Duffy in the Harlem Police Court.
last Tuesday afternoon. to answer Mr. Gumhle-
toms charge Of misdemeanor and forcihle entry
and detainer Of prcmiecs. their counsel desired
to waive examination and asked that they be
bailed to await tho action Of the Grand Jury
The counsel for Mr.. Gumbleton. the deposcd
County Clerk. opposed the motion ana de-
manded an examination. The magistrate re-
served his decision. and allowed the defendants
TO 20 on parole. Tho continuation Of the case
drew n crowd to the court yestcrlay morning.
Sheridan Shook. Civil Justice McGowan. Assem-
blyman Began. and ex-Assemblyman McCarty
were among the spectators. Justice Dufly an
nounccd his decision. which in part Ii as
follows:
The question presented for the dcci oi the Court in
the of the People agt Hubert q Thompaon, Thomas
/ Cnstgan. Eiward Clarkson. aud William Cannon,
CHARGED with having the night of ho i7 inst been
guilty Of ms moanor IN having made forchc entry
ino the Count, Clerks ofcc in mat city. with strong
han's and multitude of people Is whether the accused
bv Offering ~ waive examination and furnish bail pre-
cudc The conn liinans rom giving testimony before the
magistrate In addition to that contained in the an ia
Wits which process was ouenaliy issued Section 49,
| page pa5 81 volume Revised statutes 9th EDITION. de.
/ fines the duties of the magistrate;
| "Scction rs The magistrate before whom any such
person aha he brought shall proceed may he
toeNamne the complainant and the wncsscs producod
In support VI the prosecution oath IN regard 10 the
offence changed ana In regard 70 any other matters CON
necicd with such charge which such magistrate may
deem pertinent"
It's apparent that this section requires the magistrate
to examine the complainant and the witnesses pro
duced In support OF the prosecution on oath"
II true. In this city account Of the large amount
OF business which before criminal masistrates
practice has erown up regarding the affdaviis taken
prior TO the arrest Substitute for the examination Of
the complainant aud the witnesses produced m support
Of the prosecution who're dccrdans a.k to have that
course pursued and the complainant or the prosecutor
can rye consent which will lusuN such Or ctce
the rart o the magistrate need MT be considered
hut this Court lis ytutur,d 10 say. has uccdod
.tfaic decides ai he imtoh9cit di'charsc - h. duiy
requires him 70 iaNc the examination n .nch course
ecuuon. and not upon the consent Of the ieienltn
PROBABLE results 10 ao~ itom any Scton Serc justify he
ESn,' IN p NE sSs,e- Q, 1gI,SAl ~ & esusn Sn 10 oe,1, - m
anv other tribunal This can only he done by ai leas,
There sre certain things which the dcieni.nis can
: support Of Gier deisncc Wien their examination !.
read to urm they can waive any corrections gr additions
into no defence at all before the ma;isiraie
rossa Sp "pdn me Sy aw Vie esSs tic eomglln
| cuuou on oath"
Mr.. Gumhlcton wns called to be sworn as n
witness Mr.. Henry f. Knox OF counsel ;or the
defendants said that he desired nn entry 10 be
present e II" with bail. We We waive examinaiicn."
BE- sided, and demand as right that bail bc
| taken and the defendants discharged from fur
ther attendance upon your Honor
NY de'si9n disposes OF your notion" re-
Col Friiows, ior the defcndants-we waive
| our rights aud we shnll order counsel and de-
fcndants to leave court and NOT aitond the eX-
| animation uulpes gpnr Honor shall the
The defendants are now in court. and thcy
| cannot leave without It's consent replied jus
Col. Faiows-And the Cour, will not allow
They must. be present while the testimony
Col. F,llows-w your Honor direct the OH
GERS TO pr.yrnt them from i,ayugf
Justice DuGy-Not now. Mr.. Guml Teton. be
sworn. tn order is that The gentlemen re.
man ~ court dutlhE w rNlhlhulnin -
C"i. Fellows We rhallleavc. your Honor. un-
Mr. William l. Bach. for tho complainant
said that hc hopcd that they would be- arrested
The four def udants rose from their seats;
aud Mr.. Cosiigau walked down tue aisle as 10
| To leave the room, Mr.. Thomp.H \ aud the
others started 10 follow, accompanied by their
~" Como bsckl" shouted Judge Duffy. on
cers. soc that the doiendants do not leave
one OF the court police stepped toward Mr..
Cosugan; who th"r"upon returned and took u
Tie .xamiaq alton Of Mr.. Gumbleion was then
| begun hy VI r. Beach
Nj. G1m6eton testified that he wns elected
County Clt rk on the 7th az November, 1876 hy a
minority Of between 46 600 and 1900 AMI had
March II. 1879. "On that day" he continued.
Il left the Office htwaeu and O'Clock 10 the
aibrnoon, leaving Janitor n rCQskcr and Watch,
man Dowd in Charge The first intimaiion /
lad Of the Goycrnorh action WAS az ii O'Clock
who visited my house did not receive the
Governors order OF removal until twenty min
ntns after 10 o'clock the following morning.
There was no demand made 20 me 10 surrender
the Office. nor dld receive any communication
from Mr. Thompson in regard 10 his nppoint-
Tho witness detailed his Intellectual efforts 10
gain admission 70 the County Court House on
despatch from Janitor McCoaker
"Whn refused % admit YOU to tho building 2?
THE wairlman. Patrick Kerwin. He was u,
the main door 81 the Chambers street side u
thmouilding: He know who wn- bui when |
ioll him TINT had the right 20 enter he said:
Don't you know tina, Mr Thompson and his
people are down her"Y l said that know il,
not 10 admit me-"
!" You have never rceained possession of the
offl"c nor OF the books and papers. have you "
queri-d Mr.. Bench. H. replied that he mad not.
On the morning Of the 10Th inst. messenger
to the County Clerks Office the combination Of
the safe Of the office. He saw Mr.. Thompson,
and gave him the information.
! on Itch in the County Clerks on ~ when Mr..
. Thompson took possession. He WIS disturbed
10y heavy pounding on a door. and went 60 door
on the main floor whore the noise srrmcl Ia
be-. When he returned, tho party had 90 nv
stairs l"adin 2 from tho record room. There
were from fifteen 10 twenty p"rSohs in thr
> party. among them Mr. ThomIson Mr. COST
gan. Cannon. and GARRISON. The lanitor, Mr.
| McCosker. inquired what they were after and
why they had broken into the onice Mr..
| Thompson replied that he was the County
' Clerk. and also the custodian OF the. build
ing Clarkson. at the suggestion Of, Co.'S
, | tgan. lighted the gas, and while he
Was doing so the witness Quilted tho
Office He went to the CITY Hall police station
and asked the Sergeant AZ the desk 10 send on
Gers to the County Clerks office 10 arrest tho
: persons there. He said that ho had no men t'
send. Az witness was leaving the station h,
4 | met one or two policemen. when he reached
the Court House the watchman refused 10 lo
him in. he said that he had been told TO keen
him out in particular. A few minutes latoi
Carkson who had also been to tho police sta.
ton returned to tho Court House. and was nd
! mted inside. Witness finally got in and Mr.
! McCoskcr gave him despatch 10 s"nd 10 Nr
I Gumbloton. lie honrd Mr. Thompson and hr
. Costigan say that they were prepared for al
| ejnorgencirs.
; James r Burke who was employed rs n book
| binder under Mr., Gumheton, testified that thC
| door Of the record room in the hnscmrnt wHs