New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-04-10
TAMSEN AGAIN ON TRIAL.
HEARING BEFORE THE GOVERNORS
COMMISSIONER OPENED


TESTIMONY AS TO AUcTIONEERs FEES-rHE
SHERIFF ANGRY AT DEPUTY ATTORNEY
GENERAL HAsBROUCK.
The hearing OF the charges made BY six citizens
against Sheriff Edward j. H. Tamsen was begun
yesterday morning in the Aldermen's Chamber be-
fore Commissioner William II. Robertson, who was
appointed by Governor Morton to take the testimony
Deputy Attorney General Hasbrouck is the prose
cutor. The charges against the Sheriff are neglect
Of duty and allowing the three postofice robbers
Killoran. Russell and Alen-to escape from Ludlow
Street Jail on July last overcharglng auction fees
and Of negligence In serving jury notices.
Sheriff Tamsen appeared early. Supreme Court
Justice Charles F. MacLean. who was formerly the
Sheriff's counsel. was present spectator. Gen
eral Benjamin F. Tracy is now counsel for the
Sheriff.
The proceedings began by Mr.. Hasbrouck putting
in evidence the records Of the Tamsen trial.
The first witness called John F. Carroll, clerk
OF the Court of General Sessions. He testified he
was in court during the trial of William w. Nc
Laughln. ex-Inspector Of Police. before Justice Bar
rett.
Was there a written order made by the presiding
Justice as the disposition of Mclaughlin" asked
Mr.. Hasbrouck.
There was no written order respecting his
tody after the close of the trial and before he
sentenced There was verbal order that McIaugh
lin should be committed repli I'd the witness.
The witness said that Deputy-Sheriff John Illngs
worth had charge of Mclaughlin after the trial
Illingsworth instead of delivering Mclaughlin to
the Warden of Tombs. took him to the Murray
Hi Turkish baths. Mr.. Carroll produced the
ords of the Court. showing that lllingsworth was
sentenced by Judge Barrett TO ten days imprison
ment in the City Prison and $50 fine
General Tracy here remarked that he didn't see
what connection this matter had with the present
hearing.
"The Sheriff was not present." said he when
McLaughin was given in charge to Tl.ngsworth
Il simply want to show that the Sheriff employed
incompetent officers and himself negligent
Isn't It a fact" asked General Tracy. that the
Sheriff never takes charge of a prisoner
81 object" said Mr. Hasbrouck.
The Commissioner sustained the objection.
General Tracys object was evidently to show that
Hansen was not responsible for the custody Of
Mclaughlin on that date
Sheriff Hansen the next witness He said he
took office on January 1895. and that he appointed
as Sherifs auctioneers the firm composed Of
Charles Lutz August Keiman. Frederick O. Dett-
mar and Fritz Guertlar. They went into business
when he took office.
Was August S,hw alb one of your auctioneers?'
NO. sir
In reply to another question the witness ead he
had no personal knowledge of August Schwab acting
as crier at execution sales He said he knew Schwab
was employed clerk in the firm OF his auc-
tioneers.
ooS'N
auctioneers' fees. and demanded TO see the Sheriff S
book recording such transactions we will admit. "
said General Tracy that per cent was charged by
the auctioneers.
The attention OF the witness was then turned 10
an execution sale Of the property Of Abraham Shee-
yer on January 81 1885 for a judgment of $500 81.
The surplus Of the sale s2 q. and 500 81 was
paid to plaintiffs attorneys and $l67 20 In auc-
tioneers' fees. The entries showed that IT cost
$3.50 80 to collect judgment of $6S o.
k.x.a usriff
with judgment creditors?
Yes. in every instance
The law of 1877 made the auctioneers fees "a per
cent; this changed TO per cent. but Judge
Beekman decided that the ~ per cent was the law
and the other fee was illegal.
Mr.. Hasbrouck required the Sheriff to give details
of four more execution sales with the evident in
tsntion of showing that the fees were excessive exec
q these i've eases ejied a. a asked
s You as pfa Rs Sh IN hs auconees
erly the sheriff now went to the Controllers
Ans you receive nothing except your salary
Mr. nasbrouck again questioned the Sheriff;
iSss Ros y0 ss. ana ns
sherifr Tamsen's face flushed and he looked an:
s ss Sssl ssd sn!ssi Of fs
sheris office Of this county Is run wiih Hss me
is salaried oficer II that question WAS put to me
outside this room would regard II as an N, insult cty
for me- he said. that am in this room and pro-
tected by the law.
sheriff Hansen still continued to glare at the Dep
uty Attorney General as If he would annh.latt
him. - a.. e,.,~ o.ho,
question: Were you not acting under legal ad
vice that the 5 per cent fee was legal?
Mr. Hasbrouck objected to the question and II
was ruled out. ,.,,.., u -,
The Sheriff then said that Iilngsworth was vel
recommended to him-by ex-Mayor Grace among
others. ,,-. .as...,., s.ora
tarv and Assistant District-Attorney Cnger alsS
testified and then the case went over I'LL FRIDAY