New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-05-30
MR.. HEWITT BEFORE A JURY.
HAVING A TILT WITH THE CORONER

Coroner Levy and his jury had another innings
with the electric light wires and poles yesterday
afternoon. The proceedings were held In the City
Court Room OF the City Hall, which has an air Oh
dignity that is entirely lacking from the stufy
little room where Coroners inquests are usually
held. General Newton, Commissioner Of Public
Works; Commissioner Daniel L. Gbbens, OF the
Board of Electrical Control and Mayor Hewitt fur
nished the testimony The two former found 1t all
plain sailing. Mayor Hewitt and Coroner Levy
INDUCED in some sparring, but IL was brief Tho
little Coroner was hoored in no time and didn't at
tempt to renew the combat which. indeed was NOT
of the Coroners seeking. Mayor Hewitt denied
that no had intended to snub anybody and then
made clean breast Of his for not ordering
the Commissioner Of Public Works to remove tho
elcctric-ght poles and wires 1t seemed to satisfy
the juryren, for they had no questions to ask tho
Mayor.
NO MONEY 10 REMOVE THE POLES
General Newton said that he had received q lso4
ter from the Mayor asking him IL he bad money
available for the purpose Of removing electricghe
poles and wires. He replied that he had none, a.
no appropriation had been made for such pur-
poses, and he didn't feel justified in expendins
money that had been appropriated for other special
objects.
Commissioner Gibbens, once started, needed no
questions to keep him going IIe gave detailed
history Of the Board Of Electrical Control its or
ganization rules and regulations, its work apd tho
various obstacles that it had had to contend with
Mr. Gipbens observed incidentally in the course
of his narrative, that owing to the Kindness OF o
friend" he wasn't dependent on any public
office for living, but was actuated by sincere
desire to benefit the community.
But you draw $4,000 a year for II all tho
same. observed the Mayor in an undertone which
escaped the official stenographer.
Juror Leo wanted to know why the Commission
hadn't made some stir to secure an appropriation
for putting the wires underground. Mr. Gibbens
replied that that wasn't the business OF the Com>
mission. I
THE MAYOR CALLED TO THE STAND.
Mavor Hewitt was then summoned to the witness
stand and interest in the proceedings increased
The oath was administered to him again, because
the Coroner could not recall how he had adminiss
tered it the first time. Mayor Hewitt affirmed.
aUpon whom devolves the duty" asked the
Coroner under the law, Of ordering the removal
of the electric wires and poles in this cityP'
sThat's question for q lawyer" replied Mayor
Hewitt. sharply. "The duty is imposed BY law
and the Coroner can consult the statutes ano maAS
up his own mind about IT,
Coroner Levy (wIth aspeEty)-l should Ike 70 nave
more direct answer.
Mayor Hewitt-You asked mo to construe the law.
Coronet Levy-I didn't
Mayor Hewitt am here as witness TO give tesus
mouy You inform you whose duty It Is TO re-
move the poles and the streets That duty IL fm
posed by law The statute Is open for you to consult
am not construe the law want 70 say iranAJ
jury that have been accused Of trying 70
snrb tho Coroner and mub the Jury have no such de'
sire I viii answer any questions upon whcn na's
knowledge without raising the question OF knowledge
CHANGING THE LINE OF INQUIRY.
Coroner Leyy-Upon whom devolves the duty OF exss
1.r.l nf Al
cutting the law that requires the removal Oh
wires and poiesi
MAYOR Hewitt with sarcasm) -wi you kindly turn 10
that portion of the statute Mt Gibbens reced and
read It to the jury.
Coroner Levy-As understand the law tnas ouy oes
wolves upon ycu MI Mayor
Mayor Hewitt-I don't understand It. The language
Of the law says it shall be the duty Of the Commissioner OF
Public Works
Coroner Levy-By your order.
Mayor Hewitt-Nos By my order, but upon my written
order But duty is imposed upon me- either 70 remove
the poles wires give the order
Coroner Levy (surprsed)-You say the duty does nos
devolve upon you to give the crderi
Mayor Hewitt-Certaipy not am 50 advised By tae
Corporation Counsel have acted rom beginning 70 eno
In this business with his advice
ANNOYED BY A PRoMPTER
In this pleasant style things went on Tor o
little while. The Mayor observed Assistant Dis
trict-Attorney Hartman prompting the Coroner
whereupon the Mayor wanted to know who was
examining him-if Mr.. Hartman, he would pre-.
fer that Mr. Hartman should do it direct and not
through the Coroner The Coroner said the ques:
tions were his own, and Mr.. Hartman drew off
a few feet After some sharp questions and
answers. the Coroner asked the Mayor why he
had not given a written order for the removal Oh
the poles and wires.
Mayor Hewitt ttarty)-Because It was none Of my bus
mess will tell jury, because there is any pros
riley In the question bat because the Mayors motives
and actions are not renewable by the Coroner
II
any right to come and crcse the methods of tho
Coroner, who is trying to do his duty.
Mayor HewittThe Coroner criticised the action Of the
Mayor the day Did be NOE say that the conducs
Mayor very repreensble
Coroner Levy (confused)-But that was NOS In eoyre
Mayor Hewitt-Wel. theu you criticised me. ana
thought cat might venture TO look at king.
ADDRESSING HIMSELF TO THE JURY.
The Jury and spectators laughed. The Mayor
had won the bout. The Coroner's stock on
repartee was not equal to the emergency. The
Mavor then addressed himself to the jury. He
said
The request made by tho Board Of Electrical Controt
was submitted the Mayor. The statutes provide tfat
t shall be the duty Of the Commissioner Of Public Works
to poles and wires upon tho written order OF
the Mayor Plainly 10 imposed upon the Mayor the duty
Of considering whether he should give such an order or
ont. The duty mandatory upon the Commissioner
Public Works It wss MT manda,eiy upon the Mayor.
The Mayor must look the whole 1eld for he has
many interests the city TO look after Above
ALL he consider whether. he gives the ORDER 10
can be executed whether there means available
for of the order Nothing can be more in-
furious the public service than for the executive "a
give be carried out The Commission
er Of Public Works Informed me that he had no money
available for the purposes His unexpended balances
were required purposes that had been specified at thc
time the appropriations had been made His answer was
communicated promptly to the Board OF Electrical Con>
troll II he had informed that he had the means 70
execute the order should then have had take widep
view OF the subject
The Mayor then referred in detail to other dincu.es
that in tho way OF the execution Of such order-
No sane would attempt 10 wires through which
deah-dalng currents passing An invasion Of the
stations to stop the currents would be promptly and
properly resisted summary removal and poles
would leave large number OF busy darkness
More deaths and accidents would result from tina, than
lnaa L.