New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-08-18
A DIPLOMATIC AYSWER TO TIE MAY Or
now SOON WILL CONDUCTORS APPEAR ON TIE

HOW SOON WILL CONDUCTORS APPEAR ON THE
TwENrY.THIRD STREET CARsi
Yesterday Secretary Berry received from Mayor
Hewitt, to whom he had forwarded u az sharoh
SPRINGS tho following letter OF President Leary OF
the Twcnty-thiri Street Railway 1t was written IN
reply TO the Mayors letter OF Angus, g. IN which no
announced hts purpose OF approving the recent ordl-
nance OF the Aldermen which IS Intended 10 compci
the employment OF conductors we'll as drivers upon
the Twenty thrdst cars, after giving the company
n reasonable time TO prepare for the change In
sending Tho letter to Mr. Ferry, the Mayor directed
that It might be made public. 1t Is as follows
OFFICE or THE TwENTY-THIRD STREET RAIL-
WAY COMPANY.
Ncw.York, Aug. IA. 1888.
Hon. A. S. Hewitt Mayor.
Sir: Your communication Of the sth inst was duly
received and thereto beg TO state that Mt
meeting directors OF the Twcntythrd Street Rail-
Company held this day tho question In reference 20
change and motive power which had been under
consideration since the present board and officers
into CONTROL como twelve months snce was fully
discussed and the following resolution was unanimously
adopted Resolved That the president and Executive
Committee OF this company be and arc hereby directed
and empowered order many double the busi-
of the road will require and put them into usc as
rapidly possible.
ARTHUR LEARY President
This Is the letter which has been described as
communicating to tho Mayor the companys intention
OF changing the motive power OF their cars from horse
10 electric A reference is indeed made TO some
change Of cars and motive power by the company
in the future but tho object Of tho letter evidently
IS to stay Mr. ITcwltts hand IN axng his signature
to the ordinance passed by tho Aldermen, so as TO
permit the company to take their own time in dis
continuing the OF the bobtall" car. Whether or
not tho Mayor will agree 10 this arrangement will DO
known when he returns from HIS vacation.
Assistant Corporation Counsel Wickes appeared
yesterday in Supreme Court, Chambers. before Judge
Patterson I'm answer 10 the writ OF prohibition obtained
by the Twenty third Railroad to restrain Coroner
MESSENGER from holding Secretary Mclean responsible
for the death OF Mrs Sophia Levy, who was killed
by bobtallr belonging TO the company. Tho
writ required Coroner MISSIONER to show cause why
he should not be permanently cnIoincd from further
proceeding against Mclean. The answer Of Coroner
MESSENGER contains specific denals already published,
OF the allegations made by Mclean which tho
Injunction was obtained. The Coroner further AYERS
that the writ only served on him when the jury
had weighed the cvidcnoc and had decided upon n
verdict The Jury subsequently brought in verdict,
the Coroner says, censuring Mclean, and he told
them tho meaning OF the order Of the court issuing
the writ and they retired and later brought in a
vordct having reference TO Mclean. The evidence
produced at the inquest showed that there
sbo ground for jury 10 hold Mclean responsible
for the death Of Mrs. Levy, and he, acting In his
capacity OF committing magistrate, under the powers
Of the new State law, committed Mclean for man
slaughter.
Tho Coroner through Corporation Counsel wickes.
asked that he be allowed TO certify to the dispositions
Of the witnesses examined and that no be permitted
10 file the returns, tho law demands Of coroner.
lie also asks that tho writ OF prohibition be set aside.
so that he act in his capacity as coroner Colo
mel Dennlson and Mr.. House appeared for Mclean.
The Judge reserved decision.