Year: 1879

stav Of proceedings had been made to the Hon. T. R.
Westbrook which Was aenlea Sy ml% das hi, TO men men
sitting in Special Term in the city and county of
New York. am advised by my counsel and verify
believe that the filing OF return is not waiver of
the respondents right to supersede or quash the
writ of certorari but in order to any ques-
ton as to such right hereby in open court stipu-
late that q return of the respondent shall have
no such effect in this matter. 1t is true that
the Charles f. MacLean in the affidavit of
self into the rooms where the business
of the Police Department of the city Of New York is
transacted and attempted to exclude me from per-
forming the duties and resolving the emoluments of
my position as Police Commissioner; but it is not
true that have ever recognized acquesced in the
claim OF said MacLean to my said office; on the
contrary, when the said MacLean called upon mo
and claimed to be Q Police Commissioner upon the
basis of what he stated to be certificate of appoint
ment by the respondent. 1 distinctly stated
to him that did not recognize its valid
ity or force: This claim to the Office was made
to me while was attending meeting Of the Board
of Police in anteroom opening from the meeting
room of said Board. After such refusal on my part
to recognize his claim returned to the meeting of
the Board and took part in its proceedings. After
the meeting went to my private office in the Police
Headquarters Building and remained there for some
time, and then left said building, but had further
communication with said MacLean during that day.
After my departure saa MacLean took posses
sion Of my said room and official papers.
At the time OF my pretended removal and at ali times
since have protested against the validity and eff
cacy of the proceedings for my removal. All the
reasons assigned for quashing superseding the
writ certiorari mentioned in the affidavit Henry
E. Knox were passed upon by this Court after the
respondent had been heard, when the order was en-
tered directing the writ to issue. 1t appears by
aiidavits fled my behalf on the I'd of September
inst. in opposition to the motion for stay of pro-
ceedings, that the respondent has prepared and
caused to be printed in pamphlet form complete
history of the proceedings for my removal and, as
am informed by my attorneys, the said +. N Bangs.
ESQ.,, had in his possession Of said pamphlets,
said I'd day Of September nst and stated in open
court that the respondent was still well supplied
with them. but that he would require time to COM
pile the return from said pamphlet. The reason as
signed by said Knox for superseding the writ being
that the respondent cannot make q return thereto,
is consequently without foundation. No previous
application has been made for the order hereunto
annexed and an order to show cause is asked for SO
that the return to- the writ ordered by this court


''-' = ' SIDNEY P. NICHOLS.


Of September. 1s79-wILL1AM H. CHURCH. Notary


Public.


The following brief recital develops chapter Of
cross purposes at once curious and certainly very
rarely finding parallel in litigous history Follow
ing the failure on Friday last OF the Mayor to COM
ply with the order Of Judge Westbrook to file a re-
turn to the writ OF certorari papers were at once
prepared by Messrs. Townsend & Weed for obtaining
an order to show canse why the Mayor should not
be punished for such disobedience. A clerk Of
Townsend & Weed left the city on Friday morning
for Kingston. where Judge Westbrook resides. He
Judge Westbrook on Saturday morning when
the latter at once signed the order. Meantime, on
End evening the as already
ut his residence in this city. staying all
proceedings in the case upon an order
Of Judge ingalls,. On Saturday morning Mr.. Town.
send teegraphed to Judge Westbrook the receipt Of
this order. Judge Westbrook however, it seems did
not receive such telegram until after signing the
order referred to directing Mayor Cooper to show
cause why he should not bS punished for contempr.
Mr.. Townsends partner. Mr.. Weed. being out Of
town on holiday, Mr.. Townsend believing that the
telegram had been received by Judge West
brook in time to prevent the issuing of
the order in the contempt proceedings
against Mayor Cooper. and his clerk. knowing
nothing of Judge Ingalls, order, Immediately
on his arrival in the city went to Mamaroneck in
Westchester county. the summer residence of the
Mayor, and ut eleven O'Clock on Saturday evening
served on him the order in the contempt proceed
ings. Mr.. Townsend ignorant OF his clerk 8
proceedings until yesterday So soon, however, as
he comprehended the state of affairs he promptly
notified Corporation Counsel Whitney that his firm
withdrew the motion in the contempt proceedings
in obedience to the stay obtained by Judge Ingalls,.
As will be seen, there was general round OF aston
ishment for o time all sides.