New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-02-10
LOCAL MISCELLANY.
MR. NICHoLgs RETURN TO OFFICE

a., ,,,c,r,y IMAGINING VAIN THiNUs-OAf '"i-'
Mc,DoNNEIL's TRIAL ADJOURNED. g,
Commissoner Nichols Remained in undis'uroo"
,ossession of his Office at Police Headquarters
tardav. Mr.. MacLean did not visit the oui'u''s
during the day. but one of his clerks "eh' W WV
room formerly occupied by Mr.. MacLean, anu wac
mo, at the door by police officer, who told him that
he could not enter The cer told the olnceI 'n'.
he would report him to the Superintendent. Gan
helm it, said the oflicer am obeying the orders
of Commissioner Nichols" The clerk then lalo MS
case before superintendent Waling, and the latter
remarked. while bland smile stole over ms face !:
commissioner Nichoiss orders are thatno one s'i
be allowed to enter the office except with ms
sion. Now don't see why you should ENJOY eieAer
n,iv;,eoes than anyone else" The clerk Departed
some said to report the result to Mr.. MacLean Com
missioner Voorhjs did not visit the bulding.
The trial of CAPTAIN Mcdonnell, which had Deeh
adjourned until yesterday was again aoJouIne" "''
ill next Monday. 1t was rumored among poli''o'"ns
and Others in the morning that MI MacLean "o"i"
be present and demand ms light TO sit at the trial
This rumor had the effect of filling the tnaI room
with snecta,ors. At1Oa m. Commissioner French
entered the room alone and took his seat as chairman
Shortly afterward Commissioners Wheeler ana NlcIi-
OILS entered together ana the later was gr'e.e Ho
a storn of applause. Captain Mcdonnell ana J0hh
d. Townsend, his LAWYER, sat sde by side' witch
the case was called. Mr.. Townsend sald o., .;Ooo
.ho i"st beaTinS in Ills case. ana ask for ad-
iournment on two grounds First III order that
CommissIoner Nichols may have an opportunity 10
deternine as TO whether or nOt-as mat
ter of decacy-he should slt at tne
trial not having been present from the Oegih3 3S
and second on the ground of the abserce OF C0ni-
missioner Smith. The Board having received Mr.
Nichols as Commissioner and the iacis as 10 tllnei
niace ana circumstance being identical IN General
Sm;th,s case. the Board shOud receive General
Smith also and the mere fact Of decision nO' nav
ing been entered should not preclnde theh iIoiii
doinp so III a man is found with another man ;
nock ethook in his possession, and court OF c0pe-
fent Jurisdiction determined that il was illegally
the man having the pOcketbook SIMPLY because DO
retained it until tie entry of the judgment"
Commissioner French said that on the grounds
raised by counsel and on the application OF Com
missioner Voorhis, who requested an ADJOURNMENT
the case would be adjourned until next Monday:
Mr. Townsend was found in his office in the after
noon when the following characteristic CONVERSE
Mr. Townsend. what have you 10 say in answer
TO Mr. MacLean's argument printed TINS mOrnlngF
"Io Won call that his argumentH didn't suppose
ANYBODY would mistake that for his. This has been
the argument used bv Mr.. Bangs from the time ne
first came into the until the present time, ana
Ali the courts have disagreed with HIM. | he ear
marks are intellectually those of Mir. Bangs, and sup
pose he has got tired of using the argument and Is
aiowin0 MIR MacLean to pedde it for himself 1t
no more bad ITS origin with Mr.. MacLean than the
legal opiuion given by Mr. Noorhis on the merits OF
the case this morning had its origin with hnn.
However, we wonld be rather mean II we should o.
ject to their deriving any pleasure from such en-
tircly innocent amusement. .,
lis there nothing you wish to say IN answer !.
Nothing whatever. 1t is a matter we have
argued IN every court have been IN. and there Is
nothing to say about II. We regret, OF course that
these two gentlemen should disagree with thc Court
of Appeals, but of course we can't help IT. ..-
a. Mr. MacLeau says that he was not male party
10 the action What have you TO say to that y 49,
THAT is true, but that we could not AVOID. we
will try and make INN happy, however, by making
him party to another action-by SUNG hlm Tor
nav that he has received belonging to Mr. Nichols"
y" Mr. MacLean also says that the argument be-
fore the Supreme Court involved only the Mayors
proceedings, but not those OF the Governor whlch
Elected the removal. How about that -
Judge Lawrence, IN Tclteratlng the declAlon OF
the Court of Appeals. disposed OF that question"
It Is said that the renstatement OF MI. Nc OILS
IN the Police Board is not legal because there was
not quorum present.:
q The recognition aid not take place as Board,
but nv the recognition of the Commissioners lndl-
yidually. When they went into Board meeting al
Ter that Mr.. Nichols made up the quorum"
Commissioner Nichols said that he had no doubt
tina, General Smith would soon be in his ola place
''You see the way is all paved Tor him." SAID he.
." 1t is like two men gong through dense forest
The one who starts first has TO cut down trees new
timbers and remove all obstacles, and IN that way
make the road clear. The road rs clear Tor General
Smith BOW. | have been told that all General
SAITH has to do is 10 present the judgment III my
case and he will be IejrStated immediately"
II was umored at Police headquarters yesterday
that Mr. MacLean had obtained an injunction re-
straining Commissioner Nichols from exercising the
functions Of bis Office The rumOr could not be
verified Mr. Moody, who was detailed fiOm the
street-cleaning force as Mr.. MacLeans private
clerk has been suspended
Mayor Cooper said that he had not yet received
the decision of Judge Lawrence. He sand lac did not
consider Mr. Nichols Police Commissioner and
thought he had no legal right to the Once.