New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-03-13
NAYLOR DECLINES PLACE.
GUDEN'S COUNSEL WILL NOT TAKE AP-
POINTMENT FROM DIXIE

The only development in the situation in the
Sheriff's office in Brooklyn yesterday was the
declination of Levi W. Naylor to accept an ap-
pontment as counsel to Sheriff Dixie. Mr.. Nay
lor has decided to stand by Guden to the last
Sheriff Dixie offered the place to Mr. Naylor, and
urged him to accept it, but because he has de-
Tended Mr.. Guden both in court proceedings in
Brooklyn and the hearing before Governor Odeu
Mr.. NaylOr decided that he could not desert Mr.
Guden at this time
The offer to appoint Mr.. Naylor was made by
Sheriff Dixie on Tuesday. and yesterday morn
ing when Mr.. Naylor appeared at the Sheriff's
office he called on Sheriff Dixie and handed in
his letter of defamation. The conversation be
tween the two was reported as being of the
most pleasant character. Sheriff Dixie suggested
that Mr. Naylor ought to regard himself as
counsel to the Sheriff's office and not to MI
Guden personally, but Mr. NayIor failed to COIN
eide with this view. His letter is as follows:
I appreciate the confidence implied in your offer
70 me or appointment as counsel 10 the Sheriff of
fessional ethics require me to decline the same
Having been appointed counsel to the Sheriff by
latons to him during the proceedings in the magis-
drates court and on the charges filed before Gov
me TO accept appointment at your hands l can
the bar as in the slightest degree incompatible
with that which held during Mr. Guden's in
lief in the insufcienoy of the evidence adduced in
support OF the charges presented against him and
on which the order Of removal was based
After Mr.. Naylor had departed. Sheriff Dixie
said:
I regret that Mr.. Naylor has by letter and by
word Of mouth, informed me that he cannot accept
my offer to appoint him as counsel 20 the Sheriff
He only came RI This concI1sion &C. -, tia
thought and consultation with many of his legal
ing that professional delcacy would prevent his
great Wsiue f 70 U % S serves would be OF
his determination. but the complications that he
With t the Se Believes aPe on obs
Stacle to his acceptance of the place I no
oony In MIND at present to appoint to the position
The salary OF counsel to the Sheriff is 81, 800
year
Sheriff Dixie carried all the business of his
office yesterday without interruption. He &C.
cupied the equity ROOM which he took posses
sion Of on Tuesday, and Mr.. Guden remained
intrenched in the three forward rooms that he
has barred against tntruders. Late in the af-
ternoon William w. Wingate Mr.. Dike's Under
Sheriff knocked Mr.. Guden's door and asked
II one of the three rooms could not be spared.
We are somewhat cramped," said Mr.. Win
gate, and II you can spare one Of your rooms
we would feel obliged"
I'll have TO consult my counsel" retorted
Mr. Guden. as he closed the door that had only
been opened about an inch. Sheriff Dixie is still
waiting for the additional space.
There was persistent talk all day of possible
legal proceedings on the part of Gudens attor-
neys to restrain Mr. Dixie from exercising the
duties Of the office. but up to a late hour last
night no papers had been served on Mr.. Dixie.
1t was said that General Tracy had gone to
Poughkeepsie to find some justice who would
issue an injunction against the Sheriff.
In the afternoon the attaches of the Raymond
street jail were sworn in by Sheriff Dixie. The
jail was seized by Mr.. Dixie on Tuesday and be-
cause of this it was said that curious complica-
tons might arise If the courts decided against
Dixie. There are 249 prisoners in the Jail each
OF whom would have cause for action against
Mr. Dixie for false imprisonment. Mr. Dixie de-
clined to discuss this phase OF the situation,
declaring that he would not cross bridges until
he came to them.