Year: 1874




get indicted himself the funny old man really be-
heved that he was perpetratng first class Joke.
made all the more worthy OF being laughed at by
reason OF the very absurdIty it conveyed But the
way things have been shaping themselves since
tnen mas not by any means conveyed the impress
slOn, among the politicians, at least, that either
the removal OF the Mayor pending an
investigation into his official conduct
or his Indictment by the Grand Jury
was among the impossibiities or the DAY, In point
OF fact, the general impression yesterday among
them was just the other way, and there are not
few who know thing or two about the ins and
outs Of lie about the Mayors private room who as
serted that even he had been somewhat painfully
oppressed with the idea that something either like
q removal or an indictment before sudden Ousu-
ing from the magsteral chair seemed dan
gerously imminent. That the funny old man
had good grounds for apprehension, If not
for downright lear, need not be wondered at when
It is taken into consideration THAT not only Tam
many Hall but the Council or Political Reform and
the Board OF Aldermen are to be represented to-
day IN committee that are to present charges be-
fore the Governor against the Mayor and demand
his removal pending their investigation. But


THIS is NOT ALL


Yesterday Mr. George w. Wngate had occasion
to pay his respects to the District Attorney, Mr..



do one, but was brought about by Mr.. Wingates
having in his possession q courteous letter from
Assistant Attorney General Fairchlld requesting
him to hasten the trials of Gardner and Charlick
on the other indictments hanging over them. The
letter was not written doubtless, with the view
OF waking Mr.. Phelps up to the fact that he had
not over-exerted himself to- perform his duty as
District Attorney during the last trial, but simply
as gentle official reminder that there were some
things even In trials OF politicians that cannot al
ways be lost sight Of The letter was rece we'd and
read by Mr.. Phelps, and it is said he
smiled sad, sweet smile as he placed 1t among
his official papers. Still. this letter was not the
real cause OF Mi. Havemeyer's uneasiness. But it
was this, probably Mr. Wlngate informed the
District Attorney that he wanted time fixed
when he could go before the Grand Jury with evil
dence against Gardner ana Charlck as to their
. having Illegally removed three inspectors other
than Sheridan, in the Eighteenth ward. on elec-
tiOn day not only, but day and an hour specified,
when he could appear before it with evidence and
Witnesses that he lelt certain would compel


THE GRAND JURY TO INDICT CHS HONOR"
himself without hesitation. This, doubtless, was
the reason which made the Mayor last evening ask
o friend rather doubtlully, DO you tnnk they can
do anything ?" But, whether anything can be done
or not the TACT remains all the same that as soon
as the District Attorney can arrange matters prop
ery anu fix upon q time for the charges to be pre-
ferred against the Mayor they are to be preferred
The gentlemen who will go to Albany to-day to
prefer charges against him are John Kelly and
Hall; General Joseph p. Jackson, on the part Of
the Political Council OF Reform; George W. Win
gate and Thomas Cooper Campbell, late counsel in
the Sheridan inspectorship case, and Henry Clin-
ton and John Fl. Strahan. 1t should be understood
that the men who are determined to test the
legality OF the Mayors actlon IN reappointng
Gardner and Charick are acting on the principle
that IN battle party which intends to win the
day must avail itself OF every advantage possible.
1t Is this idea that has made


THE MAYORS PROSECUTORS


tha rla fhav had Gya Of
1erring the same charges against him before the
Grand Jury as they will present to the Governor;
opinion Of many politicians of the two parties,
and that is that the Governor may not be willing
sented to him until the Grand Jury should come e to
some conclusion as to the sought-for indictment
on the charges preferred before them. Yet this is
but very slight objection for the Governor not
q man to hesitate when he has duty to perform,
and no matter what number OF Investigations into
the Mayors conduct may be going on ne WILL 1t is
pretty certain, give hts decision as TO the charges
laid before him just the same.


The charges to be preferred before the Grand
Jury and presented to the Governor are based on
what Is alleged TO be the Mayors violation Of the
charter. Section 95 provides hat any officer of
the city government who shall wiuly ''vioate or
evade" any provisions OF the charter shall be


GUILTY OF A MIsDEMEANOR,


and on conviction ''shan forfeit his Office" Sec
tion % requires that the Mayor shall be vigilant
and active in causing the ordinances OF the city
In the charter 1t is claimed that IN appointing or
reappointing Gardner and Charlck as he did he
s'wliiuy evadedn the law, and that in refusing
TO act or rather in not acting, upon the
charges preferred by the Board Of Aldermen some
time ago in the matter OF the street cleaning busi-
ness against the Police Commissioners he violated
the twenty-thrd section of the charter also. What
makes & these ,s charges all % ,he more formidable Is
Indictment against the Police Board they ncorpO-
rated in It the cnarge that Gardner and Charlck
tors OF election. The fact that the 'iayor did not
take any action upon this bil, coupled with
the fact that the Commissioners were after
wards found guilty of the onence ana were
sentenced for 1t, the lawyers who have been con-
suited In the case contend, made the Mayors viO-
lation Of the law all the more nagrant ana out
rageOus, because the evidence adduced on the
trial showed that he had had ample grounds to
Justify him in instltung the investigation called
Tor by the Aldermen


THE CHARGES, AS MADE OUT,


are as terse as be expected Of anything that is
wrapped up in the usual legal phraseology OF the
day. and cover about thirteen pages of loOlscap.
Late in the afternoon the Mayor, by some means
committees, and at once hastened to Po.
lice Headquarters where he was closeted
with Gardner for over an hour. Indeed, mis- ac-
tiOns were such, late in the evening, that rumor
was circulated and gained considerable credence
that he had resigned IN order TO avoid what seemed
Rt last even to him, rather rough to travel.
The rumOr, however, was without other founda-
ti0n than the scare into which the Mayor is alleged
to nave been thrown by the stories that flew thick
and last about town concerning the dire and dread
1ui strategies OF John Kelly and the other parties
who are to call upon the Governor. Probably


THE FUNNY OLD MAN


mad an idea that he was to be kidnapped by the
committees and dragged to Albany along with the
charges against him. Gardner at any rate to all
outward appearances. was IN no way hurried al
the preparations that were being made all day fol
his further comfort ana honor; ior with the dis
grace Of his conviction fresh In everybody's MIND
and just saved rom prison by the leniency OF the
Judge, he had the unspeakabe efrOntery to pre-
side at the police trials yesterday and deal JUS
tlce to policemen who never committed a pcni
tentiary offense.


Next Wednesday there is to be special meet
ing of the Board oil Aldermen, when 1t Is said res
Outons cOndemning the Mayor Will be passed
II Is a mistake TO suppose, as many people seem to
that the Common Council has the power now al
Of old, to impeach and remove the Mayor. BY ths
charter the Governor is authorized TO suspend hin
pending the investigation OF charges witch in hi
1.-THE Governor's) opinion are deemed serious
enough TO call for an investigation.