Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1882-04-18

orderly? A.-Thc law gives me Jurlsdlc-
ton in these matters throughout the en-
tire county.
After some further catechising by the
auditors and some tart replies by the al
derman the investigation closed for the
present.
Alderman Donnelly Of tbs seventh Ward n
tho st..a s.A ExsuiinsA by TIE Audi
t0rs-NO lmpOrIsns Developments.
Ten o'clock this morning was the time
set by the county auditors for the exami-
nation Of Alderman1Alex. DOnnelly, of the
Seventh ward, relative to his bills for dis
missed cases but as the alderman had an
important hearing at that hour, the ex-
animation was postponed until II o'clock.
AT that hour the alderman appeared,
and on being sworn the five leading ques-
tious put to the other alderman, and here
tOfOre published, were put to him, and he
answered them all in the negative, except
that he allowed officers to fill in the names
of witnesses npon subpGnas. He stated
that he had been an alderman nearly three
years.
Mr.. Greider.-I notice Zero that. Sarah
Diggs sues Susan Sapling for assault and
battery and Susan Saplins sues Sarah
Diggs for the same offence, on the same
u6y. OOUVu uOt tuCSO CIOSS Sulto law
been heard at the same time :. Al make
out separate complaints and separate ar
rests in all such cases. If the complaints
not, dismiss them.
Q.-Is not this multiplying cases? A.
NO, l do not regard it a. multiplying
cases.
Mr.. Greider-I notice here that there is
a complaint against A. tarof, search
warrant issued and no goods found. There
was no hearing Of the case, the defendant
was discharged and the county pays tho
costs. Was this right? A.-YOu will
fiad there a charge for complaint, oath
and the search warrant. think am en-
titled to pay for this work.
MIR. Greider.-I see that you havo enter
tanned complaints and discharged the ac-
cused without hearing. How is that
A--That may be SO; discharge COM
plants when the defendants cannot be
found. 1t costs the county less than to
return them to court
Mr.. Reed-That may be right SO far as
it concerns those charged with serious
offences but in surety of the peace and
assault and battery cases where the parties
would not be likely to run away, why
could you not find them? Al might be
able to find some of them but it often
happens that the cOmplainants are hus-
bands or wife, and after the complaint is
brought they come and ask to have the
case discontinued, and it is cheaper to the
county to dismiss them than to have
further hearings or send the case to court:
MIR. Reed-Ought not the prosecut ors in
such cases be made to pay the costs A.
That may be 50, but there is no law for
it VIC allow the county to pay costs.
Mr.. Greider-How many cases have you
returned to court during the past year
A.-41 cases.
Q.-How many cases did you hear dur
ing the year A.-Over 500.
- Mr.. Greider-From the bills it appears
you dismissed 6O7 cases at cost to the
county of q, $50 Is: The policcmen's
costs amount to SS79, 76 the total being
$2,24S.29.
Mr.. DOnnelly-In many of the cases
which you call dismissed cases the defend
ants were committed for terms varying
from 3 to GO days. Do you call these
dismissed cases?
MIR. Reed-Do youRenter the names Of
witnesses on your dockets. Al do not.
enter them upon the subpenas. l pre-
sent my complaints and warrants and all
other papers.
Mr.. Greider.-Have you uany:professional
prosecutors or are there any such A.
l know Of none.
Mr.. Greider.-1 find in your April bill
that Is cases for malicious mischief we're
brought by James McKennan, that there
were So witnesses subpBnaed, and that
all the cases were dismissed. Tell mo
why is this soS A.-Mr. McKenna is a re-
spOnsible citizen of the Seventh ward he
had been much annoyed by the parties
complained against, bnt at tho hearing
they wcre discharged for want OF evil
dence.
Mr.. Reed-DO not many persons make
criminal complaints before you who pay no
taxes and are generally worthless charac-
ters? Al do not know that that is the
case.
Mr.. Greider.-Who is Frank Leaman
Ale is an officer of the police force.
MIR. Donnelly-Oug5t not the testimony
of an officer to be sufficient to sustain
charge made by himself A.-An officer
frequently brings complaint at the in
stance of a citizen in order to screen the
latter, and when the hearing comes on he
is unable to sustain the charge.
MIR. Greider-I find that Leaman
brought three suits of larceny in one day,
and that all were dismissed. How is this?
Al suppose the evidence offered would
not sustain them.
Mr.. Reed-Wc bold that where officers
are complainants and their case is not sus
tanned, the county is not liable for cost.
Mr.. Donnelly answered that that was
matter between the auditors and the Of
ficers.
The examination was continued further,
but nothing of importance was elioited,
and the investigation was adjourned until
80 p. IN.
Tuesday afternoon. examination
of Alderman Alex. Donnelly, of the
Seventh ward, was resumed at 2 o'clock.
His attention was called to that part of
Judge Livingston's charge to the grand
jury which states that when policemen
make complaint before an alderman he
lays aside his official mantle and makes
the complaint as private citizen, and il
the complaint he makes is unfOuDded and
the charge is misdemeanor, the costs
may be put on the officer.
Alderman DOnnolly replied that he had
never heard that Interpretation of the
law before ; but it only applied to cases
to court, not to costs in hearings
before aldermen.
Mr.. Reed How long did it take the
city solicitor to examine your bills? A.
went sometimes as soon as the Office was
opened and have remained until eleven
o'clock.
Q.-Have you the complaint .a@inst
Geo. Thompson? A.-Yes heh6d IN his
possession 81, 800 worth Of postage stamps
believed to be stolen. He was arrested,