Year: 1874

mended TO me for marshal told him TO e
and serve as Inspector, and II he got into trouble
he lCroker would ''see that ne got out OF IL Z:
and, as hogan said he would Croker did appear
at the station house with counsel and bail ol
TO perceive 10 what class OF persons YOU in your
pretended desire to preserve the purity OF cleo
other ground for assaing the District Attorney is
that he did not agree with you In your opinions.
You say That ne construed the law against yon''
at every point, and. Notwithstanding that emf
nent criminal lawyers differed from him. per
sisted IN advising the Grand Jury according to
ance, you proceeded to have the public
prosecutor elected bv the people OF this county
rHm mS Ms o a%es and two lawyers selected
stltuted IN his place. For this purpose you
Obtained from Justice OF the supreme Court
elected IN district 100 miles away from THIS
city, who was temporarily here, requisition upon
the Attorney General 10 conduct the prosecution /;
derstand oeing willing To sign the paper. There
upon the Attorney General. instead OF complying
with the requirement, sent young man residing
In Albany TO take charge Of the case.


THE LEADER OF THE DEMOCRACY,


You assume TO be a leader Of the democracy OF
TINS city, and they have heretofore mace great
point OF the right OF local seligovernment. Ii
there has ever been more fragrant viola ion OF
case. / should IKE to have it, II sp.ciGed / am
ADVISED that the object OF the statute under
which you proceeded is not to provide Tor setting
aside the District Attorney, but to secure Tor flm.
upon the requisition OF the Governor, or OF a JUS
tlce OF the supreme Court, the aid OF the Attorney





would control the prosecution, but he has no
power to substitute other counsel. His right to
civil cases. The Legislature never intended that
pushed aside by any counsel the Attorney General
night choose to select. If such an enactment
were made 1t would be OF doubtful constitution
anty. II the Attorney General, who is a lawyer OF
ability and learning, OF high standing In his pro-
iession, ana the senior Of the District Attorney.
had conducted the prosecution In person, your
proceeding would not have been SO offensive and
might


Instead OF doing so, he sent Tor that purpose,
Mr. Fairchild, young man who is an as
he Is gentleman OF promise IN his pro-
1ession and OF unblemished character, and l
son. however, why you caused him 10 be sent to
this city as prosecutor which has not yet been
stated. The prosecution OF the Police Commits.
sloners was a part OF your warfare upon me. Men
OF your class are always most vlndlCtive toward
those they have wronged, and your abuse OF my
Croker Was great wrong. deemed d't'y" it my duty
to the people OF this CITY 10 resist, as far as
could, the enforcement OF the statute directing
the Central and Hudson River Railroad Com.
pany for Its tracks in the Fourth ave-
strong Tor me, but the Injustice Of that
enormous JOB IS manifest. OF course l have
incurred the unlrlendy feeling OF that powerful
corporation. Mr.. Fairchild Is the Of its Treas
urer. without imputng TO him any unworthy
motive, his feelings would naturally be with you
IN u prosecution intended TO reach me- He car
rled out your wishes by selecting the manage
ment OF the prosecution the two counsel you had
selected, but whom MIR. Phelps refused to accept.


COLONEL FELLOWS.


One Of them was Jonn X. Fellows. an adventurer
from This Stale, who before the rebellion noated
TO the Southwest and there, without the poor eX-
cuse OF those porn upon the SOIL that they were
h.hting Tor the land OF their birth, raised his par
riclda hand against his country. When de.
1eated he returned to the North. out 1
do not learn that he has earned any
character mere except for servilly and
Z to I hs,v a
word to say as to his fitness TO be public prose.
cutor. 1t was stated in a newspaper at the time,
and, believe, never denied, that after Fellows
had been Assistant District Attorney and had par
tlcpated IN the conviction OF murderer, he went
up 10 him and SAID he hoped the murderer did not
'Ieel hard' toward him lor his part in the prose.
cution. Fellows is to be judged by what ne SAID
irrespective OF the guilt OF the convict. II he did
not believe him guilty 1t was an atrocous crime
TO press his conviction; If he did believe MN
guilty his appeal 10 him manifested an exquisite
sense OF ofnclal dignity and personal honor.


The other counsel you selected, George W. Win
gate, Is only known as sort OF legal runner to
you and Morrissey. These are the two men you
nave seldom known a more shameful outrage.
ABILITY, learning and Integrity are universally rec
ognized by our citizens. They cannot feel too
abuse OF him which you have included III your
letter to me cannot lnJure MN, now that your own
character becomes known.


NO CORRUPT MOTIVE.


The prosecution carefully omitted to offer any
proof OF corrupt motive on the part OF the Pollce
commissioners. This course prevented any proof
on the part OF the defence. That Sheridan as
removed and without notice were admitted facts,
and tnat was your whole case. and there was
nothing to cOntrOvert. The Judge held that these
constituted technical offence, and under his
view conviction was matter OF course But HI
oil wicked and wlllu intent TO do any wrong I"
he merely imposed q fine. You have either the
Ignorance or the hardwood to say that "the IN
dictment was so narrowly drawn that any such
evidence would not have been relevant and ad.
missble." l am no lawyer; but always sup.
posed that when an act was alleged In an indict.
ment to have been "ieloniously done the brOs dest
possible foundation was laid or proof OF corrupt
motive. have dwelt somewhat at length upon
this matter. because all the facts have not before
been made public; and look TO my fellow citizens
with confident hope that, the excitement OF the
moment having passed away, they will re-
view the matter without prejudice and with
o more favorable Judgment. With my strong
conviction that the Police Commissioners were the
victims OF most iniquitous persecution, for selfish
and political objects your part, could not have
respected myself If had not stood by them. II
any OF my fellow citizens yet think that did
wrong respect their opinions and trust that they
will give me credit Tor The honesty OF my motives.


MOVING ON THE GOVERNOR.


The next proceeding in your warfare upon me
was the presentation OF charges to the Governor
for the purpose OF procuring my removal from
office. speak OF this whole matter as your pro-
ceeding, for expect to snow that 1t is substan-
italy yours. only except so lar as Morrissey par
ticipated. l know that the name OF Alderman
OttendOrer Is afiixed 10 the main charges and
deeply regret that he has taken sucn offence at
anything have said or done that he could allow
himself 10 20 me such wrong. shall not retaliate
by the utterance OF anything Inconsistent with
the respect ] have for his personal and official
characte er Wnen he placed his name be AIDE yours
he found himself IN company he is not ccustOmed
to keep. Alter he reads this eter ne viii not be
apt to keep 1T again. The otner signature joined
with yours Is that Of William ii Nicsnam. 1t may
be said that the lrankness with when he avOws
his desire to obtain a good ONCE IS only equal ed
by the asslduity OF his attentions upon you, in the
hope OF procuring 1t. such expectations are sell
dom realzed; but meanwhile he is doing your
work, and his action may justly be attributed to
you. You and MOrrlssey were represented in the
presentation OF these charges by the same counsel
tnat you selected for the trial Of the Pouce Com.
mlsSlOnerS.


COLONEL DURYFE.


A separate charge was preferred bv Mr.. Charles
Watrous. HIS signature was especially desired by
you, because he was republican and member
OF the Committee OF Seventy. AS the charge ap-
pears 10 nave been prepared Tor the signature Of
more than one, and he is the only slgner, assume
that you could not get any other member to sign.
You solicited the signature OF MI Watrous, be-
lieve, by Mr.. Wickham. Mr.. Watrous Is offended