The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1901-06-07
WILL Be HEARD MONDAY
THE Appeal OF THE FOUR DE-
POSED Police COMMISSIONERS.

Notice Served on Mayor studIey Yester
day ACKNOWLEDGEMENTS of New
Comm tssioners VIII Not he Made Unti
After the Appeal Is Deoideh-Attorney,
Leonard Daggeft and Isaac Wolf VIII
Assist Corporation Counsel Robertson
in Defense of the Mayors Action.
1t was authoritatively announced last
\ night that Mayor Studley would not ap-
point police commissioners to take
the places Of those just removed from
office until after the superior court shall
\ have rendered decision on the appeals
taken by the four removed commits
sioners. The appeal will be heard by
Judge Ralph Wheeler at 10 a. m. Mon
day.
Corporation Counsel Robertson has
invited Attorney Leonard Daggett to
appear with him to defend the mayors
\ action. Mr. Daggett is Mayor Studleys
appointee for corporation counsel and
will take office July 1. The citizens
committee which presented to the
mayor the resolutions adopted at the
Harmonic hall mass meeting held a
n meeting yesterday afternoon and decid-
ed to have Attorney Isaac Wolf ap-
pear to assist in the defense.
Attorneys Stoddard and Goodhart,
counsel for the removed commissioners,
yesterday afternoon filed their appeal
from the mayors action and served no.
tice ON the mayor. The action is re-
turna BILE tomorrow in order to bring it
within the period prescribed by law
but the hearing will be continued until
Monday.
THE COMPLAINT.
To the Sheriff of the County of New
Haven, his deputy or to either of the
Constables of the Town of New Ha-
ven, within said county, greeting:
7' BY authority of the state of Connec-
ticut, you are hereby commanded to
summon John P. sstudley, the mayor of
the city of New Haven, who resides in
said New Haven, to appear before the
superior court to be held at New Ha-
ven, within and for the county of New
Haven, at said New Haven, on the
9Th day of June, 1901, at o'clock in
the afternoon, then and there to an
swer unto Edward P. Avery, of the
town and county of New Haven, and
state of Connecticut in a civil action
wherein the plaintiff complains and
says:
1. That on and up to the 4th day of
June, 1901, he was a police commission
err Of the city of New Haven and was
duly exercising the duties of his Of
flee.
2. One June, 1901, at IL o'clock noon,
one John P. Studley Of said New TIA
ven, was sworn in as the mayor of The |
city of New Haven, and ever since has |
been and at the date hereof is acting |
as mayor Of said city of New Haven. !
On said day the said John P. Studiey |
preferred certain charges against your
applicant, a copy of which charges is
hereunto annexed made part hereof,
and marked Exhibit A." by which
charges your applicant was directed |
to appear before the said John P. Stud
ley, as mayor of said city, on the 4th
day of June 1901, at ten o'clock in
the forenoon, to answer unto said
charges as by the same more fully ap-
pear.
4. On said day your applicant ap-
peared and filed a motion that said
charges be dismissed for reasons there
in stated, copy of which motion is
annexed, made part hereof,
and marked exhibit B." and request
ed the said John P. Studley to give a
hearing on said motion and consider
and determine the same.
5. The said John P, Studley refused
to entertain or consider said motion,
pass upon or determine the same, and
stated and declared that he would not
consider or pass upon the same, but
to proceed at once to a hear
ing and trial of your applicant on said
charges.
g. Thereupon Immediately and be-
fore said hearing and trial was begun
your applicant filed another motion
asking that said charges be made more
specific in order that your applicant
might be made more fully aware Ct
the nature and character of the charges
against him and that he might proper
" prepare his defense, copy of which
notion is hereunto annexed, made part /
hereof, and marked Exhibit c." and
which further asked that your appl-
,ant might be represented at said hear
ne by counsel all of which ny said
notion fully appears. !
n. The said John P. Studley refused
% consider entertain, determine or
PASS upon said motion and declared :
md stated that he would not consider,
ntertain, determine, nor pass upon the =
anne, although said motion and the
me referred to in the last paragraph
we're then and there read to and in the
learning of the said John p. Studley
md a request made to the said John y
: Studley that he take immediate ac-
ion upon the same. =
s. Thereupon the said John P. =
'tudley summarily and without delay, :
,roceeded at once to a hearing upon u
aid charges and heard witnesses with
espect to the same in alleged support
said charges.
g. No evidence was introduced at y
aid hearing which in any way prov
or tended to prove that your ap
licant was guilty Of any fraud or cl
-rong doing with respect to the acts d
legged to have been done by him, as cl
1t forth in said charges, nor was any OF
aim made during said trial and hear al
lg that any of the acts alleged to If
ave been done by your applicant ic
ere done fraudulently or unlawfully eli