New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-05-06
ASKING A SEPARATE TRIAL.

POLICY COMMISSIONER MATTHEWS DOEs NOT WISH
TO STAND OR FALL WITH HIS COLLEAGUES
In the Court Of General Sessions before Recorder
Smyth yesterday, Edward : Rapallo and +. y.
Bangs. as COUNSEL for Police Commissioner Matthews
made motion for separate trial Of their client on
the indictment which charges him with neglect OF
duty Jointly with Commissioners French Nichols
and Mason.
Mr.. Rapalo opened the argument by reading an
affidavit made by Mr. Matthews on which the up
nlieation WAS based The affidavit sets forth
Mr.. Matthew's Joint indictment with Police Com
nissioners French Nichols and Mason. and his plea
of not guilty and prays for a separate trial 70 pre-
vent prejudice and injustice 10 himself u AYERS
that be never held the Office Of Commissioner OF
Police before March II, 1881. while the
other indicted Commissioners had held Office
for long time previous TO that date. II further
AYERS that ever since bis appointment lac has en-
deavorcd faithfully and 20 the best OF ms abity 70
discharge the duties Of the Office that be - not con-
sciOus OF having Improperly done or omitted prop
erly to do any act in relation 70 the duties OF lhe
office since his appointment; that Whatever may
have been the cause or occasion of the condi-
ton of the streets which are mentioned IN
the indictment on March T. lSel, ann ioI
a considerable time subsequent thereto n originated
before his appOintmen and produced elects wnch
NAV have lasted after the date OF his appointment
and for which he cannot De heid Iespohsl1io cI, h
officially or personally. IL neNt, aVers that lnuch
of the evidence and testimony which must hccts-
sarily DO introduced upon tho trai oil the
| indictment, as 90 the condition OF the streets
the amount Of dirt rubbish, etc, therein tho NUM-
Der of carts boats and other implements for the re-
naval of such dirt while applicable 20 the case 0i
the other defendants who held Office pror 10 March
IL would injure and prejudice the depOneut M the
minds of the Jurors as u would tend 10 connect MN
| with matters with which he was not concerned. IL
| also states that the minds of the citizens are
infamed and excited by reason OF the present con.
ditOn Of the g:roets; that such condition OF MIND
has arisen from long continued ana ~ SYSTEMATIC agi-
tation of the subject and especially by the fire.
ouenty repeated allegation that the neglect 10 clean
the streets has been of very long continuance and
] that If the depOncut n tried jointly with ms
codefendants II would be diihcut TO I'M
! nress the minds Of the public and the
| Jury with exact discrimination as TO the time
| when his responsibility began and his neglect oc-
| CURED Sucs distinction and discrimination. 1t Is
| cOntended can be more plainly brought out by the
| separate trial OF the depOnent. FINALLY II - set
forth that in all probability his codefendants will
not be tried until after the conclusion Of the present
investigation before the Mayor, and that he d.
sres an immediate tnal no reason exists ID his case
| for delay. -.
of the application Assistant District Attorney Lyon,
n opposing the application. argued that IN the case
of persons indicted for felony II was night OF one
defendant upon his requiring IT, 10 be tined separate
Indicted may be tried separately or jointly in the
discretion Of the Court. The present application
| was based upon an affidavit which amounted
| simply to a statement that Mr.. Matthews was not
guilty There could be no hardship 10 Mr.. Matthews
In being Jointly tried with the other Commissioner
| because the indictment charged that from March
| IL 1881 the day on which Mr. Matthews entered
on his duty, up to the findiiig of the indictment on
| April 80, 1881, each and every member OF the
| Board wilfully neglected his duties.
| 7. n Bangs replied briefly 70 Mr.. Lyons argyll
| ment after which Recorder Smyth took tho papers
| and said he would reserve his decision.