New-York tribune., 1880-02-07
THE AFFIDAVIT AND TESTIMONY.


morning John d. Townsend appeared as counsel Tor
the accused man. The attendance very large ana
the interest great. The charges against captain
Mcdonnell are that he knowingly permits disordery
houses TO exist unmolested in his precinct ana aoWs
disordery persons demean themselves improperly IN
the streets The trial was begun Wednesday, but was
postponed on of the illness of the accused cap
tains mother.
The proceedings we're opened by Mr.. Townsend, VINO
repeated his previous demand that two OF the Comms
siouers should not sit Judges On what grouhus'
said Commissioner MarLean. Mr.. Townsend then read
an affidavit made by Kate Daily on February 2 $780,
and sworn TO before Notary Public Treadwell. ltie-
cites that she lives at No 125 Prinoest., or No 100
Woos er-sf and knows wOman-Alice sheridan-who'
while living with her at No. 162 Wooster-st, ins1ted
man from the window, and Detective Murphy
came to sock the cause OF the disturnance
Mrs Sheridan out OF the house, and on her return
said she would fix" Murphy The following day they
went to Police Headquarters aud met the superinen
dent and Commissioner Voorhs and Mrs Sheridan told
them she had paying money 10 Murphy to protect
| her house from interference, and she thought Cap
| tain Mcdonnell shared with him, and got S4OO
week from one block in his precinct The afdaVt then
continued as follows;
After considerable conversation. Commissioner Noor-
his suggested putting up marked money, and WORMS
said that he would send man the next night TO lay
pan to catch them Isaw superintendent Walling ana
Comm ssiouer Voorbs three occasions that accom-
panied Mrs Sheridan there, and the conversation eac
time was about the same the first. day or two al
ter INV ast VISIT was ested and to the Island for
five days was taken off the Island by Mrs. Sheridan
two DAYS before the time had expired, she paying the
| SO my discharge. She SAID she toOk me on
because | was wanted to help her 10 work up the
case agaiust Captain Mcdonnell and Detective Murphy
! on the morning after was taken out, Mrs Sheridan
asked me TO accompany her TO commissioner Noorhiss :
Office We went there, but did not see him or the
superiDtendent On the following night accoinhaned
| i'm sixteenth-st, near Broadway. There met MI
| VoOrhs and man whom they said was Commissioner
We stayed there, think between ten and fifteen
minutes Voorhs askeo @ & nne WVua ,h sh AID NOT II sav
what she wanted, but he said he would send IL down
| Mrs Sheridan said she thought that five ones
would be the right kind Of money On ihe next evening
| were LIVING aud gave his name as Wilson He was a
man with black hair puned out behind with black
mustache thin built The night he came there was sun
day night He took his place behind the bedsiead and
! was covered by the lace curtains lie tod me Mrs
Sheridan had sent ont tor Captain Mcdonnell ana De
tectye Murphy come here and Instructed me DOW 10
hold the money SO that ae would see me sye % II 10 nm
never want friend or dollar helthef captain MO
Donne nor Detective Murphy called there and the man
Wilson took money He had been sitting there
four or five hours waiting - - -,
Sheridan told me that Commissioner Voorhls thought 1t
would be best TO take the house. as they W0nld
take money quicker from me than her After vii
son mad gone sent for friend Of mine and told her
what mad done with Mrs Sheridan and all about VIII
son and WORMS. and Superintendent Walue aud Mae
! lean showed him where Wilson at the time. Ny
friend recommended me TO LEI Detective Murphy know
Sapon Mcdonnell ali about IT, He told me to go on and
learn all / could Of the conspiracy against him. |
have learned nothing since, except that met
! Mrs. sheridan on the street Saturday night
and had conversation with her she slu that sne naa
sworn falsely. aud II she had the tng 10 90 over again
she woul0 not do About a week ago Mrs Sheridan
came 10 % i1e anu d tpo coloped woman named Kate
who works for me- that man who description Is Ike
Wilson mad been nqurng for me aud told her maj the
best thing could do was to gei out OF me Guy Aiei
had discharged from arrest as stated Mrs
Vooris had been down TO No IG2 WoosteI--t. sat
I'm the back room time waiting for Captain Nc
| one outside 10 get them TO come In
EFFECT OF THE AFFIDAVIT.
| The reading Of the AFFIDAVIT made much stir among
those present Mr. Townsend then sad that as TO tho
identity OF the man Wilson they had reason 20 believe
that he was Messenger DriscOl, Of Mr.. MacIean's
Office and all attempts to subpoena him had failed Mr.
MaeIeap said that his messenger could be found with
ont much difficulty Mr. Townsend then said that as by
the affidavit two OF the Commissioners were liable TO be
called as witnesses he desired that they should not SIT
as Judges There was whispering among the four
Commissioners, and Mr.. MacLean said, "On consulta
ton four Commissioners will SIT"
Mr. Townsend-I decline to proceed with witnesses
as judges.
Mr. MacLean inquired what good statutory other
reason there was for this, and Mr. Townsend argued
that while there statute on the subject It
matter which should be decided by common Al
ter giving precedenis to sustain his position, he
said that Captain Mcdonnell charged with permit
ting disordery houses his precinct, and by the ada
Wit two Commissioners accused OF aiding estab
lish such houses.
MIR. MacInan-That may DO q coarse construction OF
the affidavit
subpenas were then served upon Commissioners Mac
Lean and Voorhs aud Mr. Townsend again declined tC
20 on with the case and said that whatever disposition
vas made of the case shOuld seek writ OF certOrar
10 review it, lie ADDED further ground for refusa
that he understood that these proceedings partly
instituted by the Society for the Prevention Of Crime
and certain of the Commissioners belonged to tba
society. He likewise referred to Judge D0wling on,
who refused Judge a where he was Interested
Mr. MacLean said, " Judge Dowlng-an eminent crimi
nal authority"
For the purpose Of deciding upon their Of ao
ton the case was adjourned for hour by the Com
mssioners, who IN the meantime attended the Boar(
meeting. 1t not until p. that proceeding
were begun again. when Commissioner French read al
opinion for himself and Mr. Wheeler that the question
whether Commissioners MacLean and yoorbis should
sit was one OF proprlety for them g determine.
that the Kate DAILY named In the affidavit was rea
and had identified Commissioner MacLean OF thu
men whom she had met In room In the Mechanics
! Library Sxteenth-st., near Broadway. He also oh
ieeted to Commissioner Mac Lean sitting the trial OF
the ground that he had said be would fix the captain
stnt 10 arrange with Captain Mcdonnell for the Anti
Tammany party before the last election
BIr Townsend said that on all these grounds he wou
advise s client proceed hut Captain Mcdonnell
said he had 10 great expense and had brongb
MANY witnesses and preferred 10 on trusting 10 th
two Commissioners who had no personal interest in tn
trial. . .
The charge was read by the clerk, detailing that dis
orderly houses persons bad not been dealt with b.
Captain Mcdonnell since he appointed In the Eight
Precinct November H. 1874 and that disordery house
existed In Wooster, Prince and Groenests, aud th
accused officer took eir ctua 10 suppress them
not enforcing the law The witnesses requested
retire. and nearly all the seats ~ the room were lei
| vacant. AS the two subpGnaed Commissioners KEEP
their Seats Mr. Townsend, glancng at them. said
/" There are two witnesses WHO have not gone out
With a smile, Mr.. MscLcan said They occupy pccu
| liar DOsiliOn reference TO the case"
| TESTIMONY on BOTH SIDES.
Dr. Edwin Forrest OF No. 16s Spnng-st., sworn q
the first witness. BE testified that he bad lived 70
three years Eighth Precinct, and had frequently
visited houses which he thought dsordery Wooster