Morning journal and courier., 1892-04-26
CAN STAY IN OFFICE.

CAN STAY IN OFFICE. go Member of the ssBig Four'' to be Removed-A Varying vote-A Ses- sion Lasting Till After l O'Clock This morning-The Case Reopened --CItY Attorney Daley, F. HI. Wal- dron and J. J. Brennan Put on the | Stand-Spicy Tilts Between COun. sel. There was an all night session of the board | sion of the hearing of the charges against the "Big Four" being resumed. A larger number of spectators than usual was in attendance in evident expectation of a verdict. being rendered. In consequence of the recent developments in the case the board of aldermen voted to reopen the case. . -s.-.-...-
 Yesterday afternoon late Deputy Sheriff Pond summoned City Attorney Hugh Dali ley, John J. Brennan and E. H. Waldron to be present at the meeting in the even- ing and be prepared to testify in the case. The subpoena was signed by Mayor Sargent.
 Promptly at o'clock last evening every alderman except Alderman Hitler was in his seat, while standing room, and very little of that, was all that could be found in the portion ofsthe chamber allotted to spectators. The interest of all present in the proceedings was most marked.
 It was exactly 1:15 o'clock when the trial was finally concluded, the board having voted early during the proceedings to keep at it and settle it, even if it required all night to do SO. The result was that the board did not vote to remove any of the accused, the vote standing in Atwater's and Sullivan's case Il yeas to 13 noes and in Maley's and Todd's cases yeas to 15 noes. # 's.e
 THE CASE REoPENED. -r~ -r--.
 Immediately after the board had been called to order the question arose as to re- opening the case. The ball was set rolling by Judge Stoddard.
 Judge Stoddard-I am addressing you with full memory of the fact that an order night, but have a motion to make which is called forth by the extraordinary pro cedure in the arguments for the defense, mean by Mr. Daley. While it is true that MT. Daley does not make any direct charge that MT. Waldron made these changes in the permit book, it was left in a way that it was so understood. I shall ask that an opportunity be given us in or der that we may examine MT. Daley and several others whom we have subpoenaed and probe the matter to the bottom. I am sorry to say that we have been considerably hampered Ix,6 6Fr noi1ov,o rof1co1 to in nfnrr1 oa fn where he got his information, but we ask that the case be reopened so that we can get as near the bottom of the matter as possible.
 In reply, State Attorney Doolittle stated that the defense would not interpose any objections unless it was intended to put MT. Daley on the stand and ask him where he got his information about the altered figures. If this was to be the point in re- opening the case he should most decidedly object. He also said that MT. Waldron had brought suit against MT. Daley for $5, 900 damages and now in a most ex- to give them testimony. It is clearly ir- regular. 1.-The opposing counsel" contin ued MT. Doolittle. "has had five days in which to prepare it's case and ask that it be reopened, but late this afternoon they announce to me that they shall petition for @ reopening of the case. We have nc | objection to their reopening the case, but | if they want to question MT. Daley we will oppose it and denounce it as an outrage. J Judge Stoddard replied: ''I am very much surprised at the plea put forth by the senior counsel for the defense. MT. Daley stands here tonight charged by me with deliberate misrepresentation of Mr. Waldron. If he will go on the stand I'll convict him out of his own mouth. MT. Daley has travelled out of his place as an attorney and volunteered to be witness when MT. Waldron's mouth was closed to him. The charge is absolutely false and this plan is equal to other modes of pro- ceedings of the defense, who are both afraid to go on the stand themselves and | are at the same time afraid to allow the attorney to go on the stand. Unless MT. Daley can go on the stand there is no use in my attempting to go on with the case and shall be obliged to drop it.'' MT. Doolittle in reply claimed that the l attorney for the petitioners simply desired to put MT. Daley on the stand for the pur- pose of extracting evidence from him fol l use in the libel suit.
 1 Alderman Hitler moved that the case be | treopened in order that if possible it might be ascertained who altered the figures in the permit book. This motion was imme: diately seconded.
 Alderman Kelly opposed the reopenine of the case, after which Alderman Gilhuly moved as an amendment that the vote be taken at once. The mayor ruled the amend ment out of order and the case was re | opened by a vote of IA to 10. l "Will Mir. Daley take the stand?" in quired MT. Stoddard.
 Mr. Daley arose and said prior to going l upon the stand that he wanted to make ( personal statement. He then took excep
 tion to an editorial published in the Reg
 ister of Sunday which attributed to him
 some language about breeders of illegiti
 mate children.
 MT. Daley then took the stand and the
 oath was administered to him.
 "When did you prepare this paper o,
 commence to prepare it?' inquired MT
 Stoddard.
 "I object on the point of public policy,
 said State Attorney Doolittle.
 ! After little debate pro and con the
 question was put to the board to settle
 and the question was by vote oe the board
 not allowed.
 Attorney Doolittle then said that he had objected on the ground of public policy and now that it had been settled he would allow MT. Daley to answer any and all questions which he might see fit to an l swer.
 ! Alderman Callahan then moved that MT
 Daley be excused from answering any ol all questions which might affect in any
 way the libel suit against him.
 T do not propose to ask him any ques ton affecting the libel suit simply wish to prove that MT. Daley made the charge deliberately" replied Judge Stoddard. Considerable argument followed upon l the subject by Alderman Prince and At torney Hamilton, Judge Stoddard and Attorney Doolittle, in which MT. Prince opposed the passage of the motion on the ground that it was too lax in it's reading
 Judge. Stoddard then said that if Mir. Daley would be willing, in accordance with the law, to state under oath that in answering any question he might affect the libel suit, he would at once be ex- | cused.
 'sWell, I won't say any such thing" re. piled MT. Daley.
 "No, of course you won't," said Judge Stoddard. ,... 1 ?:
 Alderman Newton then claimed that the passage of the motion was not necessary and suggested that the question be sub
 mitted to the court. Alderman Hitler then
 movBd it as an amendment, but it was not seconded.
 The board then almost unanimously passed the motion of the alderman from
 the Eleventh.
 "Did you vouch and did you intend tc l vouch for the truth of the statement con.