New-York tribune., 1886-01-30
THE OUTLOOK FOR SHALER.
WHEN WILL HE BE TRIED AGAINi

PROBABLY IN THE OYER AND TERMINER NEXT
MoNTH-HTs POSITION IN THE MILITIA.
Notbnp was done yesterday in the District-At-
torney's office to determine when and where Gen, en-
eral Shalers second trlal will take place All the
officials were TOO busy with other matters TO glye
any attention to the question. ,m bdI nns rne
be taken out of the Court of Oyer and
Terniner. and in that event the trial cannot take
place before February Is, as that is the date on
winch the next term of that court opens IL is pos
eibe, If the weather is favorable Wnen 'ie saS
drew up the satisfaction pieces which wilson bstl-
fed he gave TO General Shaer after pnlcnaslng pnng
his mortgages and subsequently destroyeu'
NAV be able to attend, Notwithstanding his
feeble health. His evidence forms strong INK III
the chain of tesnCny Si ~ re
for conviction the District Attorney Is sangulne
40 vote solidiy for conviction strong effort Will
be made to secure young Watons attendance al
the next trial , A.,
First Division of the National Guard of New
York State The result of the trial. which Is so
0nsaiisfactory to him. has intensified the feeling
which was before ayowed, IN many quarters that
he ought to resign. But 1t Is net probable that any
action 10 secure his resignation VIII be taken pend
inc the second trial. The members of the National
Guard are of course loath to speak openly of their
feeling against General Shaer but the
S@ Sn@ercu'rept hmobs IisnS the mem5cs 9ens of the
Veteran Associations which General Shaler had
previously antagonized by his activity deprlylng
them OF their uniforms, the feeling against hlm nm
takes still more bitter form. - Ihe trdI mas ieiu
General Shaler In a bad plight so far as public
opinion generally is concerned sad gentleman
VINO was for many years stanch frlehd Oh ueh-
Eral Shaief.
THE DEFENCE OF THE KOHUTS.
The lefonce in the Kohut finally had an
opportunity yesterday to produce evidence IN favor
Of the brothers who charged with murder III tne
first degree IN setting fire to the tenement house In
East Sixty y-fOuTth-st.. where they ilVed Juror
CORY of the United States Hotel had recovered Ie
sufficiently from his illness. which bad caused tfe
adjournment on Thursday morning, TO occupy MS
seat IN the jury box. George NJ. Curtis, the counsel
for the KOhut brothers, made several motions ask
ing Recorder Smyth on various gIounds to advise
the Jury to acqult. The mot ions were denied. One
motion was on the ground that there was no evil
dence that Mrs. Fialka was dead, as the bodies
found after the ire could not be positively ldenti-
fed. .. .,. 4. A.
iurv and Edward KOhut, one of the defendants, was
frst called to the witness stand. lie spoke III
acted interpreter. lie was cross-eXamned 10y
Assistant DIstrict-AttOrney Fitzgerald lie sad
that he was twentytbree years old ana came 10
this country three years ago. lie Is not married.
He testified that at 1870 n. Ill. on November ~ ne
was awakened and with mis- brother and sster-inlaw
MANAGED to escape from the room, which was then
on fire They went to the fire-escape and entered
q room in the next house on the same MOOR. Inc
fire originated he thonght, from the explosion OF a
lamp. He was asked about the various artlc les In
the room and said that the can was used for kcTo-
OIL Of WHICH about two gallons were I bought
caused the fire ?" he earnest in his motions TO
the interpreter, who rendered his answer to the
the lire know and my brother and his wife did
not do it. We wouldn't do it and we had no reason
TO 10 it," He described his clothes watch ana
other articles show that they were worth nearly
the $500 for which he was Insured lie said that hc
made nearly 81 a week by making cigars
Henry K0hut who is married, testified that lie
alsn was innocent of the charge of setting the house
ON fire. He corrobOrated the story Oi ms brother as
to the occurrences of the night he was cl0seely
questioned by Mr.. Fitzgerald to the alleged dis
crepancies in his various Statements Inc defence
will produce further evidence on Monday;
Recorder Smyth will hold Part H. OF the jeneral
Sessions next month and the kOhut trial VIII he
transferred on Monday to the room above that IN
which it is now held
IN TIE INTEREST OF CAPTAIN WILLIAMS.
The Police Commissioners Yesterday tried to agree
upon the question of promoting captain 70 the
rank of Inspector Messr:. French and McClaYe
fried hard to induce the other two Commissioners
to vote for the promotion of Captain Williams
several mont Us ago: Iney WlSgu % 90 i,
Mir VoOrhis and General Porter would not consent
to such arrangement. Captain Wltlams then
applied for permission TO enter q compe,ltVe eA-
annaIion ana his example was folio we'd by Cap
tains Webb, MeCullagh, OF the sixth Precinct
Mcdonnell Allare. Brogan, McCullaGh, of the
Seventeenth Precinct Clinchv, Conllnand Oastlln.
Again the Democrat Commissioners blocked the
Wayof Captain Williams by refusing to certify TO his
fitness The Civil Service law declares that before
applicants Tor promotion can be examined theT
fines must be eGrned to oy theiT tbo cmnnS6 ,G
of the Comm >slOners to make such cerilhcaton
An appeal was maze 70 t9iporau N HounSel La
cOmbe TO decide who were the " immediate superior
officers " of police captains but he dOdge0 the
question:
let any captain get certificate of fitness II one
was withheld from CAPTAIN Williams. he mater
rested there III October. aud no attempt was made
to break the deadlock until yesterday, when The
Commissioners decided t. let Inspectors DlkS ana
Steers give the certificates of itness Under that
decision the aspiring captains, Inc udlng Captain
Williams probably will be sent before UIe
Civil service Board The Police Board also passed
resolution requesting Mayor Grace TO define tnat
srcti0n OF ths Civil Service law winch PROVIDES lOr
certificates of fitness. Corporation Counsel La
combe sent an opinion that the police force may DC
increased tbs year by the appointment of twenty
five extra patrOimen.
FATHER DUCEY WARNS TIE ALDERMEN
The Railroad Committee of the Aldermen ycstcr-