New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-02-18
,,.v0R GILROY DENOUNCED.
IRON on HIS APPOINTMENTS TAKEN
o,rv GLIB GETS A REPORT on SCANNELL
Al" vocu AND PASSES RESOLUTIONS.

QOl
W ,..,oner and Joseph Koch as police justice. The
aarce was not large, the vote on the resolutions
s sns that less than fifty members were present.
pavsrd Cutting presided In the absence OF James
c.., president. Edmond Kelly, recording secre-
y .od the minutes of the last meeting. The COM
-. appointed at the last meeting for the purpose
.dering the advsability OF clicitng, and If they
q advisable of cliclting an expression OF pub
wv .r,n,on against The appointment OF John j. Sean
W =, ,d Joseph KOCH reported In part as follows
a. tho Sd Of December. 1869. riot occurred In tho
,,.So, saloon OF Thomas Donchuo' No. 3'S SecondaVe
Tveuty.thrd-st. The ofhcai account OF the SHOOT
e'' ,,e. that Florence ecennc was shot in the spne
W ~. pspohue In the right arm, George johnson was
nv - ,bc neck ami John Martin dubbed OH the
81 Iobn Scannell arrested for shooting DonO'
- and ponohue for shooting Scannel pom being
H In the station house seyen-tarel"d revolver,
, six chambers discharged was found in the possession
y John scanncl also large bowie knife.
n,rnr tn, sumner of 1870 Scann,ll made his hrst
Amt on Donohu's lie In font of the stable Of FORBES
Wand in Fourth.ave- corner Eshteenthst lie made
ond a,tcnpt Donohucs life S"rtem' or 10 1870 on
49, southwest corner OF Seventeenth-st. and Th.id-ave.
a. this occasion he shot Donohue. but Donohue recov
,a he had disguised himself, but Donohue recognized
him Hiram y Ferguson. witness for Donohue on his
,,opd trial testified cro~s.examnatOn as follows
soon after o. Brlsn elected Sh"rin, Scnnhc!l was
..,,,.h DEPUTY: about two three months alter his
,p,olntment acted for Seanneii by taking charge OF
,h business assigned him his processes were stopped
,so latter mart OF 1870 | mean by stopping his
o,.,ses that the Sheriff didn't assign him any work In
=. orce; that was, l think. before October |, 1870
s,x Of John going OF the city for about ten DAYS
e., bis processes stopped l think he Was in the
s,,,rs Office portion Of two years. His processes
v.-s stopped the time Donohue was SHOT In Ihild
.s subsequent 10 that time he lived In Wnlettst. He
c.vs me a, a that there was warrant out for
a., and he didn't be arrested he lived at my
house before he To Wettst he came TO my house
The second day after the shooting Of Donohue he came
.hou, o'clock in the evening he said there was war
,n, on, for him; don't remember IL he said what the
.,ran. was out for said he ddat want TO be arrested
"a, the reason he thought Donohue in the Tamnany
pg and would have him rdilroaded without giving Min
a chance TO prove his Innocence
scanne at las, succeeded in killing DonOhue the ii
., yoyember 1872; this occasion Richard Murphy,
r,,ncs H. Hamilton and John f. Barrett testified 20 the
eoolness Of sosnne prior - and during the act Of
ssssinstion.
scannel has never denied that ne was the nan who
e,d the Ave shots over dozen witnesses Unidentified biD
The first trial Of scsnnell took place on Monday.
rebruary IT, 1873 lie tried second time Novein-
Der H. 1875. Nothing elected upon this trial
end on occasion the jury rendered verdict OF not
gulty on ground o. emotional insanity lie was ad'
u,tted 10 the Utica Asylum on December 1879 and
was discharged from there insane Oh February
% 1919 lr, than three months from the date OF his ad
mission.
Ex.Mavor Hewitt has stated t. this club that he
urged while Mayor appoint Scannell TO municipal oce
for he refused to make the appointment 1t has been
stated not contrsdct bv the press that eXMavor
Grant had similar request and responded 10 II bv
Z similar refusal
Your committee after careful investigation bnds mat
Mr. scsnnel the public and 10 this committee
only o. the hero OF the scandals eready detailed In this
report as victim Of dangerous homcida mania and a
rejected aSprant for office under Mayors Hewitt ana
The history Of the Indictment Of Mr. Koch Excise
Commissioner is q matter of public record. and is briefly
follows: The City Reform Club made complaints to the
Excise Commissioners against about one hundred liquor
dealers for violation the excise law Election dsy
1882 The violation charged that of keeping open OH
Election Day within quarter Of mile OF polling place
In many cases the Board allowed the term OF the
license out before rendering decision
As the license had expired new license was
Fsnted the same party. The board III these cases
then decided that had right to revoke the new license
for offence committed under the old
The members OF the executive committee OF the City
Reform Club who are especially intrusted With the
handling Of these cases have testified before this commit,
tee that the Commis pursued systematic policy
Of pcstponement end vexaton regards the evidence
they demanded prove facts too pNlpoble TO require
IIoof for reasonable men. The continued neglect
Of the board decide compelled the City
s enforcement of the remedies granted by law The cuo
selected q known as the scheuDcin case In that
evidence before the Commissioners sho"ed mat
the 10 feet from the polling place. was open
ON election day. and that beer sold therein. This
denied, but Schcuplen testified thai he knew
nothing about this violation Of law hsving left ordes not
to I'll anything the bar that day. the hesring at
which this testimony given held on Ue I'm
day N February 1890 Scheplcin's license expire
On the 25th April 1890. and on the Sth day OF April
1890 decision having been rendered the ciub appei
the Supreme Court for iHandainus ms was RIa""u
and on appeal TO the Term the order was affirmed
The case was subsequently appealed BY the 'oi"'ns-
soner, t. the Court OF Appeals. where the order was
affirmed. After the decision Dy the General Term the
ssioners met and Notwithstanding this decision re-
fused revoke the llcens,. Mr. toch votd against
reyokins TIE license In May, 1890 Mr.. Koch. as one
Of the Board indicted ;or wiul neglect OF duty IL
stated In the paprrs that Commissioners Koch when
brought into to plead was under the influence OF
liquor acted In unseenly manner. and was ieouked
by the court (NOte s. In March. 1891. the INST cial
called teiorc Recorder Smyh who directed verdict
o. acqual the ground that there was material
variance between proof and the Indictment In All
the Commissioners were reindicud. and when the case
before Judge Van Brunt III over and Termner thew
entered plea OF formal acqu:tta They then eianrd
that the which existed between the indictment and
TIE roof Oh the frst trial not material ana that
even though they Lad before claimed that was ma'e
end Recorder mad directed verdict in their favor on
this ground they were not stopped from subsequently,
alleging That the variance lmnaterlt aud were no,
to be held responsible for the action Of the Recorder III
directing verdict OF acquita. but were entitled 70 the
full benefit OF verdict. Judge Noa Brunt did not
aceede ihi, position, but directed verdict OF guilty.
and granted order in arrest OF judgment IN O'uI 10
allow spoea be taken On the point presented j"
October -y! the Gcn'ia Term set aside the order III
Of judgment An appeal was then taken by Koch
TO the Court Of Appeals. which disns"u inc upa' vi
the ground that IL had no jurlsdc'ion bill was al
introduced In the Legislature In the interests OF Koch
70 give the Court OF Appeal. jurisdiction The bill was
speedily Ias-ed the brought again before the Court
Of Appeals where the order OF the "cnerai Term was
an.md
Koch being again def ated was now ready for
trial the by jury. II was evident mat 'h' COM
ussoners OF Excise did nos desire 10 have july as Oh
The question Of their guilt fo about this time senator
Punkt, introduced and secured the passage Of Dill "h'h
Tendci slight respects the law Tor Noiloh o'
shh The Commss oners were indicted. stating On thc moor
The Senate OF the Of its introduction thot was
Introduced request Of the Commissioners - 'no'e
ra then pending in the Legislature bill 10 c"'S AT
Ne excise laws and there therefore no reason why
tn,e Amendment Of only feature Of the ia" shouu