New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-07-20

CAPTAIN DOHERTf.
~ Mr. Grant had occupied his time in examining
his own witnesses instead OF foiioWins up , VI,
witnesses for the prosecution he might have been
better prepared.
MR. GRANT FIRES BACK.
Mr. Grant retorted excitedy that he intended
TO keep Mr. Wellman within the limits OF d
respectable attorney II 1t possible TO DO so.
He objected to such unfounded insinuatlohs'
Mr. Weman said that it had been necessary
for him TO keep his witnesses shadowed TO pre-
vent them from being intmidated. some VII,
nesses were present who might not Dc seV"'eO
again If the trial was postponed
Mr. Grant said that he had had the SAINT eH \:
perience described by Mr.. Weman in regard 20
his own witnesses He denied that any lndic',
ment had been filed against Levy ana reIna 1'
that he had got TO keep MI. WeAihan o0""
Mr. Weiiman replied that Mr. Grant had been
nnfified 10 have his client at General Sessions
at II o'clock to-day TO plead to the lnoiS t"ient;
Commissioner Martin announced that me trlaI
would go and that the oo)ecuoh WIZ case
ruled except in the case oil Levy ""OSe ~
would be postponed.
AN INJUNCTION COMES IN.
I'm TO this point the programme prepared by
~. weIlman and the Commissioners went on
smoothly in spite Of the rather noisy outpurs'S
Of Mr. Grant Before single witness couid DC
called. however. Mr.. Fromme served upon me
Commissioners an injunction granted oE 'uu6c
from proceeding with the trial. MT. froliilne
said that the injunction was returnabIe al noon
but he was under promise TO give the ColiIs
sioners longer time 10 prepare tHe4i 81
II they desired ,, 1900. 10
Mr.. Wellman said that he would appear be
fore Judge Dugro at noon and argue the iho'o"'
The writ which Mr.. Fromme sprung on 'he
Commissioners so suddenly was obtained rom
Judge Dugro Wednesday evening Mr.. Grant ana
Mr.. Fromme and several assistants searched Tor
a long time Wednesday evening before inc!
could find Superior Cour, judge. as nearly all
Of them are out of town on vacations Judge
Dugro is nominally on vacation. He happened
N return 10 town night before last, however. and
the search Of the counsel of the accused police
officials was rewarded. number OF afdavns
were presented 10 Judge Dugro all made by the
defendants and their attorneys
CAPTAIN DOHERTY's AFFIDAVIT
The affidavit Of. Captain Doherty recited that
President James ]. Martin had told Senator
Timothy D. Sullivan that he would break Do
herty." The affidavit went on 70 say:
This deponent has no charges against Commits
sioners Murray and Kerwin but does al.ese 'na nay
the said James j. Martin and John =; Hne NED o,her
wise have expressed such bias; max they are az
mater r of Ia, h% cbaTses hat they
without jurisdiction, and have exceedea Inf'r
in me charges by reason of their own predcameh'
Hook and Meehan both said that they had done
their whole duty to the public and charged that
. the Commissioners, especially Mr.. Martin were
interested in the result as the two Commissioners
themselves were under suspicion OF corrupuoh'
Mr. Grant that reporter for Inc
World named Hastings had told him that Com
missioner Martin had said that he intended 10
"break' all three of the accused men. Inc am
davts also set forth that sufficient time mad not
been given to counsel to prepare defence
GRANTED BY JUDGE DUGRO
Tpon these representations Of the interested
persons made not their own knowledge Du'
con information and belief" Judge Dugro granted
an alternative writ OF prohibition restraining
the Police Board from proceeding with the
trials before noon yesterday. The judge stpu
lated that should the counsel for the commas
sioners require time TO answer the writ the
argument on the motion 10 continue the pro-
b,bition should be postponed. Mr.. Wellman
however said that he would be ready BY moor
to argue the question.
A Judge Dugro Is not sitting In court now. the
writ was taken before Judge GildersleeVe. VINO
was sitting in Chambers. The courtroom wa'
full of ntigants, but Judge Gildersleeve. recog
mixing the public importance of the business
which was brought before him. suspended al
other motions and cases in order TO dehoe upoi
this
John w Goff either by accident or In respons
IN a request went to the courtroom ana ha'
q talk with Mr. Weman before the afgumen
~as onened Commissioner Martin was on hah'
and hastily made an affidavit In which ne swor
that Everything which the three ofncers am
their counsel had related ION Information anu DE
lief was untrue.
Mr. Wellman asked that the writ be dismissed
on. the ground that II was only an ORDER 10 sho"
cause. and that II contained no allegations ex
cent "on information and belief be SAID th'
writ should never have been issued.
Mr. Fromme contended that the Commissioner
,,,ss file a return to the allegations made b,
him. and that he hac the right to traverse suci
. rstnrn before the writ could be set aside. IL
.ry,s.a that Judge Gildersleeve had no power Il
ouash the writ under the circumstances lie re
fu.ed 10 recognize Commissioner Martin afii
dayit as a return. saying that the return shou''
no made by the entire board Mr.. Fronme IN
du,0ed In some more OF hia fervid oratory IN tn
courtroom
THE WRIT DISMISSED.
Judge Gidersleeve took the papers and am
Aav,ts and retired to his private room TO con
cider fhe matter Neither side gave any pree
.a.r,. mr. references 20 the Judge had to Loo
,,r The la himself After about an hours stud
Judse Giidersleeve handed down the ioho"'"
~gritten opinion Diminishing the writ:
,,h. re,ators are members OF the police force
me, Inc ~ Sew-York Charges have been preferre
ene hem and their trial has been set down 70
to-dev ON ahidavts the con.en MS, % Irdgc Dner
NO an alternative writ OF prohibition ana
rected the Board of Police 70 ~ sn ~