New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-07-01
CENSURED BY THE JURY.
MAYOR BOODY AND THE BROOKLYN ALDER
MEN STRONGLY CRITICISED.

a. REGRET EXPRESSED THAT NO INDICTMENT
corLD BE FoUND-ACTIoN IN REGARD TO
THE ASYLUM AT FLATBUsH-D1s-
MIssALS RECOMMENDED.
Tho Grand Jury for June failed to indict Mayor
moody Of Brooklyn. and the Aldermen WHO grant"
the railroad franchises last week to the hIo'nN"
CI,v and Nassau Electric Railroad Companies IN lace
~ a much larger offer from the Union street Nai
wav Company but made presentment yesterday
On which the Mayor and the majority OF tho Aldermen
wore strongly censurcd. The reason for the acuoh
rvsn was that under the law, as interpreted ny 'ic
District Attorney, the officials could not DE- uio'o"
The Grand Jury expressed regret at lis haoii'S "
ind,ct the Mayor and the Aldermen VINO Vo'cu away
the franchises. The only offence with when 'heN
could be charged misdemeahor. 'huer INV
Criminal Code charge Of misdemeahor must oc niue
before n police Justice. and IT was not wi'hlh inc
province OF tho Grand Jury to consider H.
Tho June Grand jury Of which Herbert G. Rhodes
was foreman has given considerable ume 10 'he
Investigation Of the action OF the city omcmls IN
granting the franchises In question. The representa-
t,ves ~ the several railroad companies and those
nembers OF the Board Of Aldermen who opposed tho
Grants made by the cold thirteen" We're examined
carefully The franchises granted 70 the BrooK
i'm City Company and TO the Nassau ana the klhgs
County Electric Companies. which are pracucaiiv
one on the basis OF percentage OF the gross re-
ceipts. The Union Street Company. in which w. j.
Gaynor and f. NJ. Grout are interested. made cash
o1sr Of $3.50 900 for about twenty miles OF the thirty
r0uos for which the franchises were granted. This
comnanv was kept in ignorance Of the percentage plan
unt II was adopted but It's representatives have said
that IL was willing TO pay the percentage IN add,tion
20 the cash offer.
Tho presentment OF the Grand Jury in the matter
Is as follows:
Tn. Grand Jury for the June hereby make the
following presentment In matter Of the granting Of
street railroad franchises awarded by the Board OF Aoer
men June 10 approved by his Honor the Mayor on
June % IND three otensihiy four companies
made application for franchise covering ahout the same
route or series Of routes that these franchises were awarded
70 two or oetensiby three Of these applicants to The u
fair and in our Judgment the Illegal exclusion Of one OF
the applicants We perfectly satisfied that this was
done to the financial loss Of the city and in spite OF oil
protests on part Of the excluded company we most
earnestly censure Of the Board OF Aldermen
who voted for the granting these frapchi,cs for taking
hna action at the very meeting that e Committee on
Railroads made report and for ne ahording the
dissenting members Opportunity 70 carefully examine
such report And further most earnestly censure
His Honor Mayor David A. Body for approving their
action so heartily Notwithstanding 10 having oeen openly
charged BY the excluded company that they hod D'eh
treated unfairly and Illegally that the franchises had been
granted rauduenty and that bad faith and collision be-
tween hesuccessfu companies and the Board OF Aldermen
In deprving them proper information and an opportunity
OF bidding had resulted in the cy's financial loss
This Grand Jury sincerely regrets Its inability 10 present
IN Indictment these members OF the Board OF
Aldermen and his the Mayor but under the law
as interpreted 10 us by learned DisctAttorney we
find ourselves precluded from so dong.
Mayor Body is in Chicago visiting the Worlds Fair.
william j. Gaynor who Of the witnesses
before the Grand Jury. when asked about the failure
10 indct said: "Of course. il the learned District
Attorney advised the Grand Jury that there Is no In"
under which Mayor Body and the Aldermen can be
Indicted for this gross and scandalous public crime,
the Grand Jury had TO acquiesce express no
opinion. The amendment Of the Criminal COde 40
that the officials Of Brooklyn not be indicted for
official misdemeanc but must be tried before police
Justices OF their appointment does not sire me,
as have known OF ii for some time. No such pro
vision applies other locality in the state or In
the United States II such law had existed In New
York Tweed could not have been tried, for he was
convicted Of msdemeanor.'
Acting Mayor Cofey who presided at the meeting
OF the Aldermen when the franchises were granted
and voted for the resolutions. said that lie thought
the Aldermen acted for the best interests OF the
community and that the percentage plan was better
than a lump sum for franchises.
The Grand Jury, which was discharged yesterday
made an elaborate presenment in regard 10 the man.
sgemcnt of the County Insane Asylum In flatbush'
growing out Of invest CATION OF It's Management
following the indictment OF Dr. Phillips and the nurse
Ellen Riley who had charge Of the ward In which Old
death They were indicted a fortnight ago. The
Grand Jury censures Dr. sylvester, the physician IN
charge Of the asylum. for gross neglect Of duty In
permitting abuses. 1t recommends his dismissal and
the dismissal Of DR.. Phillips and the nurse. Ellen
Riley. Tie appointment OF physician as one OF the
Commissioners Of Charities and Correction Is urged
and Ge supplying OF better bread 20 the insane
PATIENTS The material portions Of the prescn,ment
are follows:
That d.. Sylvester guilty OF neglect OF duty
In allowing or preventing the maltreatment OF pa
bush I'm violating the direction OF the Medical
Board that there should be nurse 10 every tn pa
uents Che having allowed twenty-three patients 70 be
under the care OF IN the day time aud ninety
patients ., at night. When the daily reports
Of tie serious nature OF Mrs Adars injuries made
70 him he failed to make that personal examna-
on which previous supernendents have declared have
been their nvariabie We also lind the general
management AID supervision Of the institution by him
10 have been extremely faulty and neelecaul For
these reasons recommend his immediate dismissal as
superintendent o Asylum for the Insane.
We recommend the dismissal OF DR.. Phillips and
Nurse Ellen Riley for neglect Of duty and incom
potency In allowing preventing assault and injury
Mrs. Adalr.
Commissioner Colt said that the Commissioners
thought highly Of DIR. sylvester. In regard TO Dr.