The New York herald., 1879-09-04
SHERIFF REILLY SCORES A POINT.

THE BAR ASSOCIATION ORDERED TO MAKE spE-
CIFIC CHARGES TEE DEMAND FOR TE-. DE-
LIVERY OF THE sAERiFFs BOOKS DENIED.
tcnaciously contested field day was had yester-
day between opposing counsel III the case OF Sheri
Reilly. which Is being investigated before Commits
sioner G. r. Curtis. The prosecution contendcd
that upon the advancement of their supplementary
charges they were entitled to au order giving them
the books and papers i'll the Sheriff office,
by which records they expected to prove the truth
of the whole The defence strenuously OBJ
ected the placing OF these OF evidence
the disposal of the prosecution. and Commissioner
Curtis refused the order pctitioned for.
Tho proceedings began at eleven o'clock. Messrs.
Knox and Bush appearing for the prosecution and
Mr.. Larocque for the defence. The prosecution
offered i'll evidence the records of the proceedings Of
the Board Of Aldermen. in which charge OF seventy
FIVE cents day appears against prisoners who
detained under certain proceedings. The prosecu-
tion would then. after hearing OF knox's state
ment rest their The substance OF Mr.. Knox 8
statement consisted in demand that the books and
papers the Sherifrs Office should be placed the
disposal OF the prosecution in order that their
might be proved from the contents OF these recordss
Mr.. Larocque dcinurred to this. Commissioner
Curtis said:-"The charge is one against the sheriff
Tor GctlLg moneys 10 WHICH nc Is not entitled
and therefore that is q specific point to be found
out, so tnat may be able to understand It,"
MIR. Knox did not think it was necessary to pre-
pare any such specinc statement. Mr. Laroca ue
thought it hardship to have the papers
'chucked at them (the deience) in this way at the
last hour.
Mr.. Bush said:-"l cail upon the sheriff to pro-
duce all the accounts Of sales effected by him his
between LIST of January. 1877 and April 23 1872"
1t the books and accounts OF sales were placed ut
the disposal OF counsel Tor examination hc would
waive the right of having them brought into court,
otherwise their production would be insisted upon.
MIR. Larocquc objected to both propositions.
When the cUunscllors OF the Supreme Court, who
headed this prosecution, took upon themselves tho
responsibility OF Presenting these charges, they
must have had in view some particular cases to
justify them, else how otherwise could they begin
proceedings? II it DO that they make these
charges without some show OF proof. was the
political opponent before tribunal and
then saying :--"Al say is true: bring
all your books and papers and wo will show It,"
Counsel referred TO tho action of the Governor In
turning the case over to tho Commissioner. and
ordering either that the charges he substaniated
that the complaint be dismissed. IL WAS, he
tended absurd to think that the prosecution could
have a knowledge OF the 25OOO cases on the Snerifs
books he came into Office. and 1t equally
absurd to say that they could prove them. Tho
point this-s the statutory remedy for removing
public officer whcn derelict In his duty to DO used
ty the Sheriff political enemies without just cause?
He submitted that thus ought not 10 be allowed Tho
defence were prrcctiy Wiling TO present any books.
papers or NoucncrS that IniSut DC Wautcu, Out not
all the books and papers inGiscrnnately for the
the other side 20 fish from. Until tho defence DO
furnished with specific Information as TO the charges
the should 80 40 further.
ExcfrKD LAWYER.
Mr.. Knox in reply. said that tho Sheriff
accused OF making extortionate charges through his
officers. Counse tor the Sheriff have said several
occasions that from many cases sorno specific
ones could be pointed out but 1t seemed proper for
the prosec to put themselves IN position to
show that those excessive charges the custom.
not the exception, aud therefore the supplementary
proceedings were brought. Tho Sheriff s called
upon TO produce these records that ho has bcen In
the habit OF contIuu ually abiding to as being open
for Inspection. We know that all. along In these
records Illegal charges have been made Tho only
question now il whether the Sheriff can be called
upon To produce the records OF his onicc. Let tho
papers here Our purpose In to show that 1t IL
habitual In the Sherilrs oilicc to make improper
charges, ''and," concluded MIR. Knox. bringing his
hst the table with energy. Two entitled
to them. What! Docs Your Honor mean To say
"My dear Mr. Knox" interrupted Commissioner
Curtis. "thero IL necessity tor Violence"
Mr.. Larocque submitted that the cause was to be
tried according to legal rules; the present Commits
sion not ono to 90 into tho Office OF public off,
and ruiuagc his papers, they had more right
to drag pubic papers before them than they had to
10 into any other issue OF u personal nature.
Mr.. Knox supposed that tho application for tho
books necessary on account OF the supplement
tary charges lilo read from the original charges to
show that thcy pointed out accounts of sales and
other matters being relevant to the case.
The counsel ON both sides continued making
specc hes which revealed no new fact principle,
tall near ono O'clock when o OF twenty min.
sides resumed in the same strain, whom at tho
END OF couple Of hours Commissioner curtis
directed the prosecution TO furnish a list OF tho
cases which they rely. Mr.. Bush promised to
proceedings were adjoined till that time.