The evening world. [volume] (New York, N.Y.) 1887-1931, 1894-07-19
friday Real Estate Day. f es R M @

right TO demand reasonable time for
This point would have to be deter
mined upon argument before the judge
granting the writ.
his announcement MIR. Wellman and MIR
Osborne gathered NJ their papers and
hurredlH left the courtroom, bound for
the District-Attorney office.
They had only an hour to prepare
their argument to meet the claim made
by the lawyers for the defendants. and
it was apparent that should Judge Dugro
decide that the first point was well
taken the Police Board az at present
constituted would be utterly disqualified
for trying Capt, noherty and his CO.
defendants, and the whole structure
which they have been no carefully build
ing up for the last two or three weeks
would tumble to the ground.
They had selected the present cases
because they were the easiest to prove
and because the men We're those which
they preferred to break.
scene shifts to the Court.
TIE scene of battle was transferred at
noon from Police Headquarters to the
Special Term of the superior Court,
where Judge Gildersleeve was sitting.
Assistant District-Attorneys Wcllman
and Osborn were on hand promptly at
IL q clock. and Commissioner Martin was
with them. Lawyers Fromme and Grant
We're there with Capt. Doherty, and John
Committee was also present.
MIR. Wellman seemed to be agitated.
lie consulted Mr., Con. who also shook
hands with Lawyer Grant very cordial
iy. When Mr.. Wellman got n chance
he told Judge Gildersleeve about the
writ, and said he had few utfidavits
to oppose It,
He claimed. however. that It was not
a writ at all. but merely an order to
show cause why a writ should not be
granted. His atiidavits simply were to
n hn ma
He also said that the other side had
promised, according to the order, To sub
NIT additional afiidavits and they had
not done, so. He. therefore, wanted the
motion dismissed.
Mr. Fromme, in tone OF surprise.
said that II Mr.. Welman did not un-
derstand the practice of the courts in
was not his tMr. Fromme's) fault.
Says II Is II Regular Writ.
"That is a writ drawn up in the regu-
lar form" he said. "nf course 1t Is not
an opportunity to be heard. 1t is di-
rected to the Board of Police Commits
stoners from the people of the State, AS
all regular writs should be, and | am en-
titled to "A return to 1t.
II have, then, right to traverse the
return, or to trial by jury ON the
facts alleged in the afiidavits. The po-
writ. and there Is no alternative to the
Court but to continue the writ or grant
the other side more time to answer or
file Il return. These atiidavits Of Mr..
Wellman are not "a return at all"
Mr.. Wellman said he didn't want any
time. but wanted the question decided
at once, as he claimed that the paper
with which the Board had been served
was not IA writ.
Decision Is Reserved.
After u lengthy discussion on this
point, Judge Gildersleeve said he would
| take the papers, examine the question
| and give his decision some time this
| afternoon.
If he dismisses the writ on account o
| some possible defect in form. 1t vii
| enable the Commissioners to 20 aheaC
| and try Capt. Doherty and the others
| unless this defect can BE- remedled. But
| It viii also give the right of appeal. anC
| this, whatever may be the outcome OF
| the trial. will give the accused officers
ground to apply for the setting aside OF
| the judgment of the Board in case they
are found guilty and dismissed.
Altogether the lawyers present Were
of the opinion that they had gotten into