The evening world., 1890-05-16
Koch and Fitzpatrick Arraisued 10
General Sessions.
Charged by the Reform Club with Criminal
Neg'sct Of Duly.
They Denounce It as q Political
Outrage and Give Ball.

New York's Board Of Excise has been in.
dicted.
The Grand Jury yesterday returned true
bills against Commissioners Alexander
Meakim, Edward I. Fitzpatrick and Joseph
Koch for neglect OF duty as public officials.
BY section 1 % Of the Penal Code this is
made miademeanor.
Following is the section under which the
members OF the Board we're indicted:
Section 1854. Omission OF duty by public officer,
whore any duty is or shall be enjoined By law upon
| any public ofhoer or upon any person holding .
public trust or employment. every wilful omission
| 10 perform such duty, where no special provision
shall have been made for the punishment OF suoh
| delinquency. is punishable ss a misdsmeanor.
The neglect charged is failure on the
part OF the Commissioners to nay any at
tention to the complaints OF the City Reform
Club regarding liquor-selling on election
Day.
Three separate cases are made out against
eaoh Commissioner.
Should they be convicted they would be
liable to maximum penalty OF one years
imprisonment. $500 fine. or both such fine
and imprisonment
To-day Commissioners Koch aud Fitz-
patrick were apprehended and arraigned be-
fore Judge Fitzgerald in Part I. Of the
Court Of General Sessions to plead to the
indictments.
Commissioner Koch was heard 10 remark.
~ he entered the court house. that he would
go to the Tombs rather than give bail.
He was very wroth, and considered his in
dictment o. mere political persecution.
Commissioner Meakim. who but recently
recovered from severe illness is convalesc-
ing in the South. He will be arrested on his
return to the city.
The presence Of the two Excise Com
missioners in the courtroom accom-.
panied by ex-Judge Charles Donohua
their counsel. Alderman Andrew A. Noonan
and Clerk Jerry Hayes, of Essex Market
Police Court. excited q great deal OF CON-
ment from the crowd assembled. and IL was
. great surprise to all when they were ar
raigned at the bar as criminals.
Commissioner Fitzpatrick was not so
anxious to pose as martyr by going to the
Tombs and Messrs. Noonan and HAYES were
present to act Is his bondsmen.
Judge Donohue informed the Court that
his client would plead not guilty to the
charge. with the provision that the plea
might be modified when opportunity had
been given to examine the indictment moro
fully.
~ will fix the bail at 81. 900 in each case.
and parole the defendants in the custody OF
their counsel until tomorrow, said Judge
Fitzgerald.
~ want TO be discharged on my own
recognizance, said Commissioner Koch in
loud tone, a. he brased himself against
the railing trying TO steady himself. for he
appe ared to be rather weak in the knees.
"Silence. said Judge Fitzgerald. as he
raped phaticAlly on his desk.
'Is this decision fnAl7" roared Commits
sioner Koch.
He violently pounded the desk at his side
with his fist
Judge Fitzgerald raped again at this un-
seemly interruption OF the proceedings and
ordered the defendants to be taken out Of
the court
Commissioner Koch was very mad. and he
he WAS being led by two OF his friends to the
Bond Clerks office.
A number OF the friends OF the Commits
sioners, who had heard Of their Indictment.
were on hand TO give bail, but mp to 9
O'Clock the papers had not been made out or
the bondsmen announced.
Fitzpatrick's bondsmAn Was ]. J. Nc
Donoueh. aud KoehsJ. +. Bishop.
The three indictments found against the
Excise Commissioners are based respect
lively upon the cases OF Henry Ahrens. OF
Avenue A, William TAFT OF East Seventisth
street. and John p, schsuplsin, OF a2s
Third avenue. saloon keepers, against whom
charges we're brought by the City Reform
Club, and which the Board of Excise re-
fused to entertain.
; In the case of Seheuplsin = decision vas
rendered recently By Judge Barrett. in
which he stated that the Board Of Excise
we're plainly guilty OF neglect OF duty. and
upon this opinion the present criminal pro-
ceedings we're based
James =. Bishop. Koeh's bondsmAn. is
chief clerk Of the Board OF Excise.