The sun. [volume] (New York [N.Y.]) 1833-1916, 1896-04-10
POPULATIONS OF DAMSEN.
TuE SHFRIFI W AGATS ON MOST
I~ySUE1IYU CJI1RGE Els.

To wit, Incompetence, Neeiect, and Over
charge or Aucti"nrcrs' Fees GU In tho
a., AIR ne would Have Felt Like
Iirkips tho Deputy Attornsy-Geaeral
sheriff r. ]. II. Tamscn was on the witness
stand again yesterday. this time for examlns-
ton Oh the charges Of incompetency, neglect of
drty. AMI oyerchnrging Of auctioneers' fees
brou.lt against him by citizens. Deputy At
,ornry. General Hastrouck conducted the prose-
cu'Ion ie'ure the Governors Commissioner, ex-
Senator William II. Robertson, in the Council
CHAMBER at the City Hall. and the Sheriff was
defended ny Con. Benjamin +. Tracy.
.Iu.iro charles F.. MacLean, Tamsen's former
counsel. came into the room and shook hands
witt We sheriff.
Tum,rn testified that when he took ofice on
jar. /. ls05. he appointed n firm composed OF
Charles Lut2, August Kleidau. Frederick O.
Dettnnnn, and Fritz Guertler, Sheriff. auction
Ger. and that August schwab was a clerk In
the onlce OF tho Arm. but he didn't know that
Sclwab had acted as crier at auction sales.
After questions ms TO auctloneers' fees and a
demand By the prosecution for tho Sherif's
records Of the same, Gen. Tracy said that 1t
would be admitted that q fec of 8 per cent was
charged by the auctioneers.
Tamsrn's attention was then called to an exc
cuti0n sale OF property to satisfy a judgment of
$5o9.6l against one Abraham Shiever. The
proceeds OF the sale were S3,3oo.15 and $4,000
was the auctioneers' fee. The total expenses Of
collection were S530.3O for a 5000. 81 judgment.
Hansen said that in every instance there was
an agreement with the Judgment creditors rs to
the nuctionccrs' fees. Under the old Law the fee
was fixed at go per cent. A recent law raised
1t to . per cent, but that law has been declared
unconstitutional. Gen. Tracy tried to show that
his client was acting under legal advice In the
assumption that the b per cent. fee was legal,
but his question was ruled out. Four other sales
on judgment executions were gone into. and
Gen. Tracy had the Sheriff testify that In each
case he had the consent of the plaintiffs attor-
ney to the disbursements. Hansen said that
while formerly the fees went to the Sheriff. now
that the Sheriff is a selaried officer they go to the
Comptroller. lie told his counsel thae he had no
interest in auctioneers' fees.
mcnt between you aud the firm OF kleinau,
Luth X Co. that you shall share in their fees as
Had the deputy Attorney General whisked
out a handful OF the Sheriff's callitrichologicel
moi lave been more shocking. He fixed @ panied
aud angry glance upon his questioner. Then he
said. while his eyes burned holes through the
space that separated him from the prosecutor:
NY answer IS that the Sherif's office OF this
eoanty is run within the legal boundary Of the
law and that the present Sheriff is a salaried
ofEccr. II that. question was put me outside
thts rom you'd regard i as an insult"
INJURED; that l am in this room and protected
by he law"
Herr Damsen continued yet q little while to
glare AS if he were operating y rays through the
lawyer. lie said that his deputy. Iningworth,
the prison guard who had charge of ex-lnspec-
tor Mclaughlin, and took Mclaughlin after he
had been found guilty to a Turkish bath in
stead Of TO the Tombs for the night. had been
to him (Tamsen) b. William r.
Grace.
John F. Carroll. as clerk of the court In which
Mel uughlin was tried. testified that there was
O verbal order Of the Court after McIaughlin's
conviction that he be committed. The record
of lllingsworth's. punishment FOR contempt was
produced. md when Gen. Tracy remarked that
he did not see what that had to do with the
present matter, Mr.. Uas6rouck said: Il simply
want 10 show that the sheriff employed incOm-
letcnt officers, and was therein himself negli-
gent
, The records Of amsen' trial in the General
Sessions were delivered to the commissioner
and the hearing was adjourned until 1890
o'clock on Thursday, April 10.