New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-07-20
MR.. GlBBENs TRIES 4 CRIMINAL CHARGE
BRINGING THE ELECTRIC LIGHTING MATTER INTO
POLICE COURT.

BRINGING THE MAILED INV
A POLICE COURT.
The hearing on the summons which Justice German
issued against the United states Illuminating Com
many on complaint Of schuyler p. Wheeler an expert
Of the Board of Electrical Control set down for
O'Clock yesterday at the Essex Market Police court
Tho complaint made against the company was that
they maintained and kept their wires poles, electcal
conductors and other fixtures and devices ABOVE
ground while, It IA claimed, they are required by law
10 place them under ground. Commissioners Gibbons
arrived promptly; with him Assistant District
Attorney william Foster who conducted the case for
the prosecution He assisted by I. A. Atchison,
counsel 10 the Board of Electrical Control COMMITS
sioner Jacob Hess made his appearance while couhsel
for the company was reading his answer to the charge
1t was I'm substance that the affidavit charged no
crime or mlsdemeanor, and that the court had no
Jurisdiction to try the Counsel claimed that 1t
was domestic corporation, lawfully organized, ana
until all the Illuminating companies put their wires
under ground at the time, It was unfair to put
the compsny OF which Mr.. Lynch president to
that trouble. Mr. Gibbons then arose and sald'
These proceedings are instituted for the purpose
OF holding the company crimnally liable for having
their above ground in the part Of the city known
as Twenty nfh-st., between Broadway and Sixth
ave. without the permission Of the Board Of Electrical
ControlS
Justice German decided that the first
thing necessary was to draw up complaint against
Eugene T Lynch president OF the company Coinulis-
sioner Cbbeus drew one. II for violating Section
of the Penal Code, keeping the wires above ground
in the street before mentioned. Mr. Wheeler swors to
the now complaint, and tho examination once more
proceeded Lawyer Chittenden arose to make motion
for adjournment He said that the question was adj
hitting the facts as charged. had crime boon COM
mittedl Assistant DistrctAtorney Foster made reply
that Section H. chapter 716 Of the laws Of 1887 as
well as section 6 of the Penal Code was violated MI.
cbtenden again insisted that the defendant was charged
with crime.
Commissioner Gibbons opposed an adjournment and
Mr. Wheeler was called as the first witness He said
that he expert connected with the boaru u
Electrical Control; that wires and poles were above
ground In Twenty-hfth-st between Broad"ay anu
slxth.ave; that the wires above ground without
the permission and against the consent OF the board
Of Electrical Control; that ninety days notice had
been given the company to remove their wires mat
this was done on July 81, 1887; that the company
did not obey the Instruction. that he had no personal
knowledge that the company had been served with the
notice. For the purpose Of proving this commissioner
Gibbons was sworn.
How ola arc you ~ asked Justice German.
The youthful Commissioner blushed as he said
twenty seven years.
He testified that the company were warned by letter
n remove the wires, and on october he received
an answer acknowledging the letter. here tnere
10 produce in evidence the original letter sent 10
the company ordering the removal OF
the wires ." How do that said Mr., Glbbens,
when you have the letter. " Produce tha' le,er
DEFENDANTS lawyer The case was adjourned until
tuesday.