New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-12-18

PATRICK DIVER
,o,.irg usticc to other criminals Judge Pryor pro-
cooled II was scandal 70 the whole bench 10
ar,ue that A criminal cannot be held for ouences
committed before his incunbeLcy Is not an "'s"-
ment that can appeal TO my mind
Five OF the six Judges OF the Court or common
Pleas occupied their places the Common peas
bench when the against Diver was 'a'"
chief Judge Joseph +. Daiy and Judges Roger y
Pryor Leonard a Gegerich. Henry bischoh' IT,
and Henry W Rookstaver. Judge Mics bea'" was
the only absent judge. william n. Haze appeared
ror the six citizens who had signed the chdiSeS
against Diver 10 prosecute the case. and eX-Sur-
rog,te Daniel g. Rollins and Abraham Levy rep
r.serted Diver who sa; beside his counsel re-
snlendent In clean shave and new suit OF clothes.
Great palms had been taken TO hide the scars "i'"
resulted from his attempt to whip Morr'S leN"''N'
on october H. but with Indifferent success
Ey-surroeate Rollins moved ut once that the
pror.edinrs be- dismissed. excepting to tl'm "S
insufficient both In form and substance
The forrnai charges are ~ follows;
We allcc4 upon information and heller thai sada
Patrick Diver IL hab tnaliy c'rs''I 80 I,ti"s Of
AMI inefficient in the dschhrg" OF th' ,ll'i'n -.
SAIL oicc that he Is guilty ~ many f,lI,
n,noar after this court shall have "stablhei
m.f hobs ~ procedure ~ provided hN Sti, , ~
.in t, io,,e AMI disgracefh I'm publicly Offering
h,ifs 10 secure the falslncation OF election re-
49, ,.r,, 10 rali.i "fhe urc,ucoodS game ana CIV
i,- ,h,t, n. usc OF MS safe for the keeping o.
g@fraGi ami netting public brawi, T1Iscr ak
In making violent Assault on 'nr , MSar' rS,,
Whereby he the said Diver. compelled isanlsky
in SEX defenc" - inhct injuries on va ''''''''
Mr. Rollins then moved to dismiss the charges
q, tvo erounds-nrst. that the charges had not
,.,, ,rorerly verified: and. second that the
charges ar. made by men who have no 'ni'r''i-
,t,, -, ,h. matters set forth IN The petition.
ffIItffn T.
u,. g, rotlv insisted that the charges were not
,... H.. and were. vague as To- times ana places
>a fo ihe allegation that pivyer hal been Tor
, long time the associate ~ criminals MI "''-
Inns insisted that such charges W.T." ''"'"''.''
and such 49, they should not he called upon TO
answer. - ,s
which read as follows: ,., :,
Tn. prosecutors ~ this prpc'"i,nE pS w ' i,,rra
Hall. their attorney. cniit' i.' .g,rl rn,rg,s
fb,f .,t Patrick UlVv'r has piloi ID an 49, -, -
i''. '...'t'. .I h,bltu,'ly conducted and ab"ii'i
tb. disc ana fraudulent registration "i N''rt. 'r'
~, and Illegal voting rnl frau:s IN making IT, r.
,i' civ officers In The city Of New DIX a. gen
',' ,c,ions in violation of his oath Of oiice anu
s,t nr.vi..nns of IN. statute under wnich ne
p',s appointed 49, such police justice. Han .,r
induced On" Chares n,rtla, dic,cr.nt lection dis
t IT. IN Ncv-York City.
r,.s. ,dl,fon,I charges were objected to by coun-
sol f,r Diver IN" same El'"''' ~ ''''''i
f. M. other charges. ana the further objection 'ht
,h,ir Introduction at the last moment was not
proper ....., ana,
chief Ju,tice Day turn II to DIVERS counsel ana
said. "Do understand that your objections 20 10
the. foundation Of the charges and that yo" move
10 dismls. the entire proceeding
THAT IS our position" replied Mr. Rollins
I'm, cour, took a recess until y. m. to consider
the matter. , .
ON rea-.embling chief Justice Day announced
decision adverse to the request of tho defence.
JUSTICE pEYoRS OPINION.
In regard to the charge of DIVERS conn'c"o" wiz"
tn. ..trccngood=' men. the Court h".d. py Il ma"
ioritv that that charge was insuhlc'en' III u'"' "
aid not show whether the acts complained OF took
, h.for. ar after the defendant took office
t,, pry,r disscnted this He said after citing
authorities.
The second charge accuses the respondent Of pro
,;iling and participating In public hravl and lght
rb - ,'srrv1ton Of thu pubic peace Is the oihcih
dutv II a police Justice. whether on OF on '"e
prn,rh ~ the peace is likely to take place Hence
should a police justice b" witness 81 any o'9m, ,h
,.,,I1 lac his official duty 10 suppress IT,. Hhoulu
w. omit all cnor, to suppress it ne wonld be guilty
OF official mafeasance MorcoVer 10y tne ou,h ma
the Consolidation act Io'tcr ius''It tr ~ ~.
from Office for ineficicncy In me dscharge Oh rs
arralcned before rs But with what efficiency WIN
what impartality. with what freedom from puu n
nf assault and battery who himself Is nraiser ana =
runan? r reason ,htrei"l me naftnr relevant
/ gh.
t,' , ,a,.r,a to The charge efficiency and mis-
| conduct in Office alleged against me r'7po9ilett
II th,n II be culri misconduct III Once Ior a
| noliceman 10 brnwl and hght wheh on uuty SO ""'"
th ,nnr" c,,lpabie is II in police Justice ,
| ,tf,,,,ut hesitation doubt. cohclule tllii ln'
,uhli hrnwl alleged against the respondent npuleS
-. bi, an oct Of official misconduct ana lnef1clency,
which If proved alone sufceS Tor MS removal li"'"
| Office. , ;,,,,. M "A higher court
,.Linc nm active part In political canvass IN mani
fnst and universally recognized, because sum Con
Juct tends impair his importantly hnh "Hciency
In judicial office. IF active partis"hsh,p o. 3a IN
tibIe with functions OF hlSner JunSe
| n,wch more mischicvOus Is IL I'm ponce Justlce,
H. III, ,r,,, hid Inferior education and character Is
| 80. easily swaycd by improper motives VINO ny
.l" In1i'.lce and control OF the criminal cass In
dont IA his Office Is armed with power oil sinister
as"enduncy over electors, and OF all unctioiarles
malice Justice IL precisely the one VINO shouId
80, scriiuuously abstain from the contentious
~ nder consideration. 1t is alleged that by
| oTer Of bounties and positions. the Responder.
| s,imuIated the political leaders OF the ulstric'
o. comnetitiyc struggle for the greatest ma
| iori,v NJ democratic votes. Mndini OF the MSS
| e. u,hou this incentive was applied We see AT
~ 80 Ia nernIcIous tendency to fraudulent prac-
| tices i'm the election. In my Judgment ,he on
| Juct imp,Ited the respondent by tnis cn' Se
| ,s maIfeasancc In Office, ana III esthpiishc" ny
| .vidcnce would alone require ms reihoVai. ,
,i,;,v in the system Of swndling called the green
] rrnods game and OF aforiing III MS sale hiuhs
| nniocc for the plumber Of outlaws ManltestN the
| hin, here imputed to the respondent war IVt an
nn,nent 10 office. But what OF that Is u 10 pee
Ioo"',aI that being "A thief ana the associate, oi
st,.res f. not fatal to the efficiency OF ponce JUS
M -, tho discharge OF his duties? Aud though tne
crime was committed before ms - :, hn a
49, moi for the very occupancy or the once DS a
LIZ ~, criminal ~ tsef malfeasance IN ONCE: