The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1899-04-04
WATSON'S CASE.
Abernethy Thinks Half Pay
Retirement Would Be
Illegal.
WRANGLES WITH MULvANEY
Doctors Say Prison-keeper
is Paralyzed Decision
Postponed Till Friday.

The case of Alex. Watson, dismissed
prison keeper of the Gregory street sta
ton. who was reinstated and cited to
appear before the Police Board and stand
trial as to his ability to perform the du-
ties of his once, was considered by the
Police Commissioners at meeting held
in the First Criminal Court room last
night
Watson failed to appear.
Dr. Dunkel was present and testified
that Watson was unable to leave his
bed and would not be able to appear
before the Board for some time.
Lawyer Mulvaney, counsel for Watson,
was present to protect the rights of his
client He asked for an adjournment to
nine o'clock this morning in order that
an opinion might be obtained from Cor
poration Counsel McDermott on the le-
gality of retiring Watson on half pay.
Lawyer Speer, who appeared in the
stead of Robert Carey, paid counsel to
the Police Board, insisted that the trial
proceed without delay.
Lawyer Mulvaney contended that Speer
had no right to appear in the trial, as
the Board had a counsel, or person who
the law department of the city to call
upon if the Board needed legal advice
He contendeds that if Mr.. Carey was un-
able or unwilling to appear CORPORATION
Counsel McDermott or Corporation At
torney Queen should be called on
Speer had nothing more to say for some
time.
President Abernethy asked Lawyer
Mulvaney when his client would be able
to appear for trial.
Mulvaney referred him to DR.. Dunkel,
who declared that he could not state pos
itively but that Watson had been out
several times lately and had his good
and bad days The nature of the dis
ease was such. he declared, that he
could not tell when Watson could get
"Will he be. here at all?, said Aber-
nethy.
HE will,' replied DR.. Dunlel
How long before he will be able to
i cannot say as the worry and ex-
citement over this case has had decid-
edly bad effect on my patient"
The ballroom the Avenue House was
Lawyer MulvaTey then made objections
to Watson's dismissal. He said:-" Before
[ make by objections, which are of a
technical nature | want to take advan-
tage of every point. My first objection
is that the notice sent to Watson was
contemplated by law. The notice in ques-
tion was served last Saturday. which gave
invalid only two days to get into condi-
tion to appear in court One Of these
days was Sunday fle had no time tc
prepare a defense.
Mr. Watson will require longer time foi
consultation with his physician and eoun-
sci. 1t is not for the purpose of delaying
action in this matter that / ask for al
adjournment until tomorrow but to pre-.
serve Watson's right. My second obiec-
tion is that in accordance with rule No
lis of the Police Department charges
against any officer of the department
must be transmitted to the Board OF
Police Commissioners at meeting thai
is not a special meeting. My contention
is that the last regular meeting Of the
Board was held on March 81 and that as
no charges were preferred against Wat
son at that meeting charges against hin
cannot be considered at this, Specia
meeting. A meeting at the call of tbs
| chair is what call q special meeting and
| il would be violation of the law to heal
/ charges against my client at this meet
s7This is a regular meeting" retortet
| President Abernethy.
sIt is not a regular meeting, insisted
Mulvaney. "a meeting at the call OF tfts
chair is not regular. The Board under
! stands that what we want is to retir,
| Watson on half pay. If the Board pro
objections I desire to call its attention t
| the law of 1889, which Is as follows:--
ANY member of such force having re-
| ceived permanent disability by. reason o
| accident incurred at any time in the ser
| vice or after nine years in the service b,
! reason of disease contracted in such ser
| vice, shall be retired upon half pay.
..As Mr. Watson has been in the ser
| vice nineteen years, we ask that ne Dc
retired on half pay, because of sickness
! contracted In the service A question has
been raised as TO- what constitutes 9
| member Of the police force. In answer
/ n, this submit the charter of 1889 Dl
| that section Of Il which refers to ths