The New York Herald Newspaper, June 29, 1874, Page 5

- ‘The Legitimists Intriguing with Cham- | SPAIN. ‘A Carlist Army Outflanked by Concha. ‘Republican Success After a Se- vere Battle. “TO CONQUER, NOT EXTERMINATE.” An Important Position Gained for the Government. Maprip, June 27—Evoning. General Concha has made an important move- ment and secured advantages which are confi- dently expected to lead to the tall of Estella in a few aays. The Carlists, anticipating @n attack on the right bank of the River Ega, erected strong defensive works in that quarter, But General Concha suddenly crossed the river | @nd occupied Abarzuza, and other positions cast | and north of Estella, in order to intercept the re- | ‘kreat of the enemy to Las Amezcuas. The Carlists are thus outflanked and their posi- tion may be considered critical. It is anticipated that they will abandon Estella and endeavor to reach Las Amezcuas. A Carlist Bulletin from the Field of Battle. BAYONNE, June 28, 1874, Aavices from the Carlist headquarters at Estella | have been received to the 26th inst, They represent that there had been some fighting, but 4t was without important result. Don Carlos, with bis wife and ueavy reinforce- ments, was expected to arrive iu the city on the | 27th and assume supreme command ol the defence, No news has since been received here from | Estella, a storm having interrupted communica- tion. Spanish Account of Concha’s Victory— | Serious Losses on Both Sides. MADRID, June 28, 1874, General Concha, in the midst of a terrible storm, surprised the positions of Zuruenain, Aoarzuza | and Zadal, which were defended by eight bat- tations. The engagement lasted an hour. THE KILLED AND WOUNDED. The republicans had few killed, ‘wounded number about 100, ‘The Carlist losses were heavy. THE REPUBLICAN GAIN. Avarzuza isa point of the utmost importance, @s it commands a defile leading to Los Amezcua, The Carlists will probably be forced to retire into | the Province of Alava, west of Navarre. REVENGE OF THE ROYALISTS. Orders have been issued from the Carlist head- | quarters directing all generals to carry on the war nereaiter without truce or parley. | THE VICTORS TOLERANT. | General Concha, on the contrary, in a general | order, tells the national troops not to make re- prisals, and declares that it is “their mission to conquer, not to exterminate.” | GENERAL CONCHA RECLINING ON HIS LAURELS. | i | and their | General Coneha has made no further movement since the occupation of the positions around Ks- tella. His advance await a convoy of provisions and ammunition. When it arrives the onward movement will be resumed. | A GLANCE AT THE ANCIENT NOBILITY. | A decree has been issued revoking the decree by | whioh titles of nobility were abolished. FRANCE. Bonapartist Documents Seized-M. Rouher In an Awkward Position—The Rep- resentation at Erussels. Panis, June 23, 1874, * The house of the editor of Le Pays, a Bonapartist | organ, has been searched by the police, who seized @ number of documents, AN AWKWARD FACT. M. Mansard, a Bonapartist, has written a letter, im whieh he acknowiedges that a commitvee exists for the furtherance of a pilébiscie, and that M. Rouher 1s its president. This statement is made in the face of M. Rouher’s recent denial in the Assembly of any knowledge of such a committee, THE BRUSSELS CONGRESS. General Amandeau will represent France in the | Brussels Congress. | The Postal Convention with America Promulgated. ‘ Panis, June 28, 1874. The Postal Convention between France and the United States was promulgated yesterday. It is | believed it will go into force next month. Miiltary Review of the President. Paris, June 28, 1874, President MacMahon reviewed 70,000 troops at ‘Longchamps to-day, bord. Lonpon, June 29—5:30 A. M. The Times’ Paris special despatch reports that the legitimists are trying to induce the Count de | Chambord to issue a liberal manifesto on the day Rochefoucauld’s motion is reported to the Assembly, ‘hey hope by this manwuvre to gecure a majority for the monarchy. Deputy Lucian Brun has gone to Frohsdorif to Megotiate with the Prince for some such conces- | elon. ROME. An American Pilgrimage in 1875. Rome, June 28, 1874, Bishop Dwenger, of the American pilgrims’ | party, has loft this city for Vienna. Itis announced that the pilgrimage will be re- peated next year, when tt 13 expected that over | 600 Americans will participate, TURKEY. The Earthquake in the Capital. CONSTANTINOPLE, June 27, Li Strong shocks of earthquake were felt here | yesterday. BRAZIL. Death of a Primate of the Church. LONDON, June 28, 1874, Despatches from Pernambuco announce the | death of the Primate of the Brazils. ARGENTINE CONFEDERATION. | —ato. Lisson, June 28, 1874, Despatches by the Brazilian cable announce that Sefior Avellameda has been elected President of the Argentine Vonfederation j | minority on State | the majority on the Police Board as weil as in the | tor me to narrate the history of that conspiracy | ganization of the Board, Oliver Charlick heartily | cal aspirations, These toree men formed them- | August, | support the democratic State ticket, but tie real | Twenty-lirst Assembly district, out of the seventy- | lected from Tammany Hall. Perhaps this circumstance is not accounted iar by the congental intimacy existing between NEW YORK HERALD, MONDAY, JUNE 29, 1874.-WITH SUPPLEMENT. GARDNER AND CHARLICK. The Grand Sachem’s Reply to the Double-Barrelled Resignation. John Kelly on Tammany’s Side of the Case. CONVICTED AND RESIGNED. een Gardner on the Hardness of the Transgressor’s Way. WILL HAVEMEYER REAPPOINT ? John Kelly’s Reply to Police Commis. sioners Gardner and Charlick’s Letter. ‘The iollowing letter from Mr. John Kelly, Tam- many’s Graud Sachem, explains itsel{:— NEW YORK, June 28, 1874, Hon, Wiitiam F, HAVEMEYER, Mayor of the City of New ke DEAR Sik—In the journals of this morning I 1nd the resignation {rom oifice 01 the convicted Police Commissioners, and in that ingentous tlasue of special pleading, suggestive misstatement and bald falsehood, { find mterwoven my name and that of the ‘tammany Hall organization in a | manner which, in mv opinion, cannot be allowed to go unanswered; and in view of the fact that it ig to you that this statement is addressed, | crave leave to lay betore you, and belore this community, the facts in this case, Which are now submitted to the candid judgment of all fair minded men, The Election law of 1872 was most carefully framed by republican lawyers to protect the purity of the ballot box, and its tau and manifest intend- ment was that of the six inspectors and poll clerks who are appointed to act at each polling place in the city, three should be on one side and three on the other of the contest waging at each election. To accomplish this result 1¢ was enacted that the Board of Police should in the months of August and September of each year appoint the inspectors and clerks; that two of the four inspectors and one of the two clerks in each election district should be of opposite political faith vo the remain- ing officers, and tbat the members of the Board of Police who were of whe party in the | issues m the city should select the numes of the inspectors and clerks who should represent that party. At the time of the Passage of that act the democratic party was in city, ald its objece Was that the Board—thatis, the democratic Majority—should appoint half the in- spectors and clerks, and the members of the minority—that is, the republicans—should appoint the remaining half. Fairly carried out, this law would render irauds upon the ballot box almost impossible, for this was only one of a number of provisions all directed to the same end, In 1873 the whole Board of Police, with the ex- ception of Henry Smith, a republican, was legis- lated out of office, and Your Honor deemed it proper to fill vue vacancies with two republicans, Hugh Gardner and Jonn R. Russell, and two demo- crats, Oliver Charlick and Abram Duryee. Thus the majority of the Board was republican and was of the party in minority in the city o! New York on State issue, and by a forced and technical con- struction of the law It might have been held that the whole Board could appoint the democratic inspectors and the republican majority the republican inspectors. I deem it probable that if Your Honor’s attention had been called to this result you would have constituted the Board 80 as to make it in political sympathy with the over- whelming majority of the people of this city. But the letter and the spirit of tae law were both violated at the outset, during the progress and to | the end of the campaign of 1873, by a majority of the Board o: Police, and tt now becomes necessary and to expose the ialsehoods of the convicted Com- missioners’ letter to Your Honor. Henry Smith and Hugh Gardner were republican Politicaans, and with them, soon alter the or- | associated himself after finding that the demo- cratic party was not disposed to gratify his politi- | selves into a ring and assumed exclusive control of the affairs of the Board, entirely excluding trom power their fellow members, John KR. Russel, an upright and conscientious republican, and Abram Duryea, an equally upright and conscientious democrat. The characters of these latter gentie- | men stand tn need of no eulogy at my hands | among their fellow citizens of New York, where they bave ved universaliy honored | and respected throughout their lives; and they have both testified under oath that they were enurely excluded trom any voice in the de- liberations and actions of the Police Board. it was the intention of certain members of the eontroling ring in the republican party last year to unite with the remaining tragments of James O’Brien’s organization on ene ticket for county, judicial and legislative oMcers; and, with a view to the furtherance of these ends, the first step was taken by the Board oi Police on the 18th of 1873. At a meeting held on that day Hugh Gardner moved for the appoint. ment of a committee of two, to whom all election mavters should bp reierred. Mr. Russell moved that the committee should consist of four, thus including all the members except the President. ‘This motion was lost, the original motion carried by the votes of Smith, Uharlick and Gardner against those of Duryee and Russell, and President Smith immediately appointed Charlick and Gardner the committee. General Duryee’s exciusion trom that committee needs no explanation, and as for Mr. Russell, althougi a republican, he was known to be incapable o! lend- ing bimselt to any scheme of iraud, even though it was in the interest of his’ party. From that time until long after the appointment of the inspectors and clerks. Messrs. Russell aud Duryee were kept in entire ignorance of everything that was doing concerning election inthe inner circle of the Board. By the skiliul device of a committee the whole proceedings were removed from the Board, where the law re- quired them to occur, and @ veil of darknes: thrown completely over them. Long betore that date, in Augast, Tammany Hall had submitted to the Board oi Police the names of two inspectors and one clerk for each election district of New York. If any complaint could be made that any of the men suggested were of improper character we were ready to im- mediately fill their places with unexceptionable gentlemen, but we did, most assuredly, claim a | full haif of the inspectors and clerks, lor the re- puolicans and the O’Brien democrats were united on one ticket throughout the entire city, and | General | Chief Clerk was directed Tammany Hall was alone in opposition to them, “Was it unfair or unreasonable in us to ask, know- | ing, too, that we represented the great majority | of the voters of the city, that the intent of the law should be carried out, and that half of the | inspectors and clerks sbould ve supporters of our | ticket, while the other halt were supporters of the coalition? We sought tor no advantage over our opponents, We clamored bot tor the control of a single polling place, even where We cast thousands of votes to the hundreds of our adversaries, We simply desired a pure, iree, unchecked expression of the public will, and fo that end we asked jor an equal distribution of vhese offices. In a very large number Of the districts of thiscity that fair request was denied, and tac Boards of Inspectors were constituted frequently in this wise:—Uf two republicans selected by Hugh Gardner and of one so-called O'Brien democrat and one Tammany democrat selected by John Charlick, or three of the inspeciors being thus of one common political sentiment on all local questions for the sake of ap- pearances, the U'Brien party may have kept up, to a greater or less extent, the farce of pretending to contest was on the local elections, aud im that the division was as I have stated it. In some dis- tricts the outrage was much greater. In the five democratic inspectors appointed filty-nine were supporters of Henry W.Genet, who was at that time indicted for and subsequently convicted of a crime, the punishment of which would have con- fined him to the State Prison, and who is now a fugitive from justice, and oniy fifteen were se- Genet and Charlick, by the fact that Charlick was one of Genet’s bondsmen; that Genet was tnces- | santly in Charlick’s office before election, even be- ing shaved in @ sort of private barber shop which seems to have been established there, and by the statement made by Charlick to Hugh Hillom, ag sworn to by Mr. Moore, that he meant to do everything in his power to bring about Genet’s election. ‘The objects which the coalition set pefore them. | selves were the election of their jOint city and county ticket—o1 Jones, Booth, Everard and Pinck- ney ag Senators in the Fourth, Filth, Seventh and Eighth Senatorial districts, and of Riley, Nacht- man, Bigiin and Genet as Assembiymen in the Fourth, Eighth, Eighteenth and Twenty-tirst As- sembly districts, and it was to those Assembly dis- tricts that they devoted most of their attention. In some of the other parts of the city tew or no traces of their work were discovered, although, doubtless, Whenever. they found an opportunity | they did not negtect it. By this committee of two, then, without any action of the Board or any knowl- edge of their motions on the part of «the two honest Commissioners, all the —ap- intments were made in the manner indicated. lany of the inspectors had no other warrant for their appointment than the letters J. S, signed on a slip of paper; these being the initials of Mr. Joseph Strauss, Mr. Charlick’s private clerk. Upon such authority they were sworn in, and entered upon the discharge of their duty on the 7h of | October, a8 regastrars; andon the 14th they fur- ther discharged duty in that capacity. On thd 2ist of Oatober, two weeks after the seth are had commenced their work, and & month &iter the | Quote a letter trom Mr. Charlick to Captain Ail time prescribed by law, thig committee reported a fal dist ol upwerd Of 3,000 mamos to the Board. As it was, of course, physically impossible to make sor examination into such @ teat, and utterly useless to protest against the tyranny of the majority, the honest Commis- sioners silently submitted. Thus far the conspiring Commissioners had kept more or less closely to the letter of the law, how- ever grossly they violated 118 spiric, but the tine was coming when both the letter and the spirit were to be sacrificed to the exigencies of the party scheme. Had no Tammany inspectors whatever been appointed in the first instance, a tempest of popular indignation would have been awak- ened and great masses of honest people, without regard to party, would have voted for the democratic candidates for local office and thus have formed a strength as irresistible ,a8 that which buried the Tweed ring from power “in 1871, And yet if one honest, intelligent Tam- many inspector remained at a polling place the perpetration of .rauds would have been dificult and dangerous. Accordingly, it became necessary, Whenever irauds were designed, to corrupt or re- move the Tammany inspector. To the honor of | our party, be it said, the work of corrupting our Inspectors was found to be almost everywhere im. ossibie and but one resource remained. In the last day or two before election a whole catalogue of trumped up charges was preferred, not to the Police Board, but to Oliver Charlick, agaist the obnoxious Tammany inspectors wherever they were, and with the concurrence of Smith and | Gardner they Were removed and their places were supplied by the instruments o1 Mr. James O’Brien. And it is susceptible of proof that Mr. Charlick Stated to some of the coalttion politicians, “If you want your inspectors removed make affidavits | against them and we will remove them.” It is utterly untrue, as stated by the convicted Com- missioners in their letter to Your Honor, that Duryee concurred in these removals made on the 3d of November, That gentleman states that at the meeting he attended only three removals were made, yet some forty appear on the minute book oi the Board, On election day itseif it appears that a namber of removals were made; yet Mr, Kussell anda General Duryee state under oath that they were at headquarters all that day, expecting some jraud or chicanery, and they | never attended, were summoned to, or heard of any meeting on that day. ‘The fact 1s, some of the meetings of the Board seem to have been held in this manner—Charlick walked into Smith's office and said, ‘1 want so-and-so removed."’ Smith said, “All right.’ Garduer also assented, and the | to enter the resuit as a oe of the Board. In two cases which came under my personal observa- Uon, Mr. Charlick appointed inspectors in the place of others withouteven asking the assent of | auy one of his colleagues. Some doubt seems to have entered into their minds as to the correct- ness of these proceedings, even in point of torm, for on the loth day of November, six days alter the election, they passed through the Board, against the earnest protest of Messrs. Russell and Duryee, a resolution directing the removals and appoint- rg which had been, in fact, Made on the 3d and th! ‘hese removals on the 3d of November were | Made in direct and flagrant violation of the plain | letter of the law, which says that except on a day Of registration, revision of registration or election, and lor improper conduct on those occasions, no | inspector shall be removed except after a written notice setting forth the causes ol his removal Some small, pettifogging logic has been employed to make it appear that the law will bear a differ- ent constructivn, but itis enough now to say that Hon. John R. Brady has unhesitatingly repelled such an interpretation. No doubt every effort was made by “counsel” (was it Mr. John J. Davenport ?) to distort and darken the plain meaning or the law; but when that construction involved, it it were erroneous, an erroneous usurpation of power no honest Commissioner would ever have availed himselt of it, The case of Sheridan was one of these cases, He isa young man who had several times pre- viously acted as an inspector of elections without any charge or complaint against him. Ac the late trial his character was thrown oven to the de- fence for attack; the whole case turned upon his testimony, and had they been able to secure a particie of decent evidence against him, who can doubt but that they would have gladly avaiied themselves of it? But his character went un- assailed except by tne abuse of counsel, and the jury by their verdict showed their entire confidence in the truth of his evidence. He was removed on the 30th of November without notice and on charges presented, as we believe, a? James O’Brien, One of the affidavits against him was lorged, and purported to be taken by William J. Copeland, who himself commiited frauds as an inspector on that election at the First district of the Eighteenth Assemoly district, and the other was signed by a man of notoriously infamous character, who had attempted to assault ex-Police Commissioner Thomas J. Barr tor directing Captain | Burden to break up alow dance house for im- proper characters of which he was the proprietor, This latter man, on being asked why he ae such a paper, said, “We all had to doit.” Upon those papers he was removed, without notice, and another inspector of the U'Brien stripe sent to take his place, aman named Cunningham, who was subpcenaed to attend the recent trial, and failed to appear in answer. Your Honor may judge ofthe reason. A number of otver inspectors were removed on that day on the afiidavits of vaga- bonds ol men, who gave their addresses at vacant lots; of political loafers, in short, mainly followers of Mr. O’Brien. Upon election day other Tammany inspectors were arrested by Davenport's marshals, on trumped-up charges, and, word being immediately sent to Police Headquarters of the facts they were removed, as beiug absent from duty, and their places supplied with O’Brien men. Is it incredible that Davenport was acting jn har- mony with the ‘Police Board ring? He was per- petuaily with them at these Headquarters, a wel- come and a cherished guest. He was one of the main members of the republican mutual admira- tion society, in whose interest they were working. His acts supplemented and assisted theirs just where assistance Was necessary; and, flually, he appears as their counsel when they are at last ar- raigned for their offences. Now came the final step in the conspiracy. If the count of the ballots were fags ied made n0 man doubted the entire success of the democratic | party. And yet it would be a very dificult thing to prevent a air count if the law with respect to watchers were obeyed. It became necessary, then, to remove the wawwiers from the positions where they could discharge their duties, and to this end, on the evening of election day, atter General Dur- yee and Mr. Kussell had gone home, the then conspiring Commissioners sent a general telegram to the police captains, directing that the “watchers should be removed outside of the railings.” The law makes it the duty of the police to “make a peenaes for the watcher to the inspectors.’’ Yet ere were the chiefs of the police requiring them to be removed outside the railing. bl Your Honor will recollect that the railing 1s always four or five and sometimes from ten to fi(teen feet trom the piace where the inspectors sit, and that the bal- lots are generally printed iu the smallest possible type, you will see that this order was tantamount to suying, “Prevent the watchers from secing What the inspectors are about.” When examined under oath Mr. Charlick could allege no other rea- son Jor their action than that a despatch trom one precinct represented the watchers there as dis- orderly. ell, the Commissioners could have directed ther subordinates to repress such dis- order, but instead of that they chose Lo issue the order I have pee rets Wherever frauds were designed this order was obeyed. In the Second, ee and Eighteenth Assembly districts the watchers were ejected b: the inspectors and the police and trauds followed. About thirty of the inspectors in those districts are now under indictment, and against many others charges have been submitted to the Dis- trict Attorney. By means of those trauds Schur- Biglin and Genet were returned elected, ed dereat for Senator by a tew hundred yotes each. Such is a plain history of the proceedings of the Commissioners up to and including @lection day The account given by the Commissioners thein- | selves, in their letter of resignation, in so far asit is nota romance, consists mainly of a general eulogy of thetr conduct, without entering into any details, A few statements of theirs, however, I must notice. They state that their couduct was not “the subject of criticisin by other than the immediate and active managers of Tammany Hall." 11 this statement were true it would not be surprising, tor aggrieved and injured people are ge the first to “criticize” their oppressors. But, a8 matter of fact, the assertion 18 utterly un- trae, The Council of Political Reform, widely known asa non-partisan organization composed of a number of leading citizens, had vigorously protested against the course of the Commis- sioners, as had Commissioner Russell, who cer- tainly 18 not “an immediate and active manager of Tammany Hall.” The Commissioners further em- body in their appeal a letter addressed to me by Oliver Charlick, on the Suth of October, offering to assist me in preventing frauds. In response to this letter I went to Police Headquarters, 10 company with Hon. Gilbert M. Speir, Hon. Joun T. Agnew and Hon. John W. Chanler, where we met Henry Smith alone, Cnarlick being absent, who promised us that every protection should be afforded by the police to the watchers, ‘This, how- ever, Was about the twentieth time that I nad visited Police Headquarters on the same errand before election. How weil that promise was kept Ihave already stated. The Commissioners further , of the Eighteenth Assembly District, in which Bernard Bigiin was tne ring candidate for As- sembly. In that letter are these words:—“You will take care to protect the watchers that have veen selected to superintend the canvass; and the Commissioners have the hardihocd to add these words, “This communication, botn in its letter and spirit, was, we beneve, fully complied, with by the subordinates of the Police Depart- ment, Certainly no complaint to the contrary has ever been made by any one atany time.” {ft so happens that a “complaint to the contrary” hag been made by the Grand Inquest of the City and County of New York, and that the Commussioner and certain inspectors are indicted for an offence involving a Violation both of the letter and spirit of that communication, The statement that I called at Police Headquar- ters on election day is true, Lwent, not only to compiain of the removal of Saeridan, but of the removal of a number of other inspectors who had similarly been put out of office on false charge: preferred by the worst of men, I remonstrated vigorously against these ‘proceedings and called their attention to the fact that 1 would resort to a judicial tribunal for justice, if necessary, but obtained no redress from the then Commissioners. [likewise complained to General Duryee and Mi! Russell, tn the pressnce and hearing of their col leagues, and their ‘answer was that although a whole affair wag/an outrage they had no pows and were oe ignored by their associaves, ‘While | was tere Joun J, Walsh, an inspector Who | necess: | cases Was deierred to the next Term of Oyer and had been removed op the affidavit of John E, Murphy, since indicted for frauds on the ballot box, came there in person to complain and utterly denied Murphy's allegations, Charlick said it was @ d—d shame aud promised to restore him, but he never fulfilled the promise and tried to shift the responsibility of the act on*Gardner and,Smith. It 18 proper that I should add, also, that I satd that if any of our inspectors were in any Way guilty of improper conduct we were exccedingly anxious that they should be removed, and were ready to furnish the names of unexceptionable men to take their places. Four of these men bad been arrested on the warrant of John I. Daven- port, Who was present at the time, and to him I | provested against arresting innocent men, I now come to the occurrences that have taken place since last eleciion day, concerming which such a tangied web of faisenood’ 18 woven by the con- victed Commissioners, that I scarcely know where ——» | ing a never failing bulwark against every scheme | of tyranny or anarchy. In addition to what I have om cailed upon to submit to Your Honor concerning the election frauds and the conviction of the Commissioners thereunder, as the Commissioners in their letter plume themselves upon the generat manner in which tuey have discharged the duties of their ofice, it 1s notimproper for me to add that very grave charges have been made by a legislative committee, in general convention, tn the public press, by ‘the Common Council, ‘against these commissioners for other offences’ growing out of violation of duties imposed by the charter and by Special statute, To these matters I solicit Your Houor's attention, in connection with the above subject of the conduct of the Commissioners, and invite your perusal of the editorial on that subject published in the HeRALpD of this date. Very re- spectiully yours, JOUN KELLY, to commence to unravel it, and deem it, upon the whole, perhaps best tor me to state the plain | unvarnished facts for the consideration | of your Honor and of the community, Immediately after election, discovering what | gross frauds had been perpetrated by the Commis- sloners und some of the inspectors, the Committee on Organization of Tammany Hall empleyed Messrs. John R. Fellows and George W. Wingate a3 counsel to investigate the matter. As the result of thetr labors a whole mass of testimony was coi- | lected against Individual inspectors and clerks, which Was submitted to the District Attorney. | Mr. Nachtman, the defeated caudidate in the Eighth district, in addition, contested the seat of | Schurman, who had been counted in, but, as 158 usually the case in such a contest, a partisan ma- jority refused him his seat. In view of that partisan majority and of the fact that it was im. jossible to prove by mathematical process the fact of his election, Mr. McUabe, the counted-out | candidate in the Eighteenth district, retrained from going throngh the form of contesting Biglin’s | seat, Alter these more pressing lavors it became | | | to examine into the charge against the Police Commissioners, and to this end the co- operation and assistance of the Council of Political Reform were solicited by Tammany Hall. After a thorough exammation of the papers on which these charges were based, an operation which consumed some time, that’ body unanimously re- solved to co-operate in their presentuuion, and General Joseph C. Jackson, an earnest republican, was appointed counsel to represent them. In pur: suance of a suggestion originally made by Dorman B. Eaton, a member of the Council, Messrs. Jonn Joseph Haight, Jr., and Hugh Tay- bebalt of tne Council, and John Chanter aud myself, on behalf of Taminany Hall, presented elaborate charges against the three Commissioners, and obtained {rom George C. | Barrett, the judge then sittmg in Chambers, an order based upon section 5 of the Charter ol 1873, recting Oliver Charlick to appear and answer such questions as should be put to him touching the alleged frauds, and re. quiring him to produce all the books and | records of the Department oi Police concerning | election matters. In obedience to this order | Charlick submitted to along examination, and on the same proceeding Messrs. Russell and Duryee and @ number of other witnesses were examined and the books of the Police Department were tor | the first time submitted to public inspection. Mr. | Eaton's advice proved of incalculable value to the | cause of justice, for it was from the results of that | investigation that we derived the legal evidence | | of facts concerning which we only had suspicions: and opinions previously. ‘the Commussion- ers had before that investigation refused to show the records of their office to Mr. Allred J, Ackert, who had requested permission to see them on behaif of the removed inspectors; but ail of the material papers were produced belore Judge Donohue im that examination, Finally, after the conclusion of the investigation | under secrion of the charter, we went for the | first time before the Grand Jury in May last—which body, after a careful investigation of the charges, under disadvantageous circumstances to which 1 shall presently allude, ordered four indictments egainst the Commission- ers, one for removing an inspector with- out notice, und the three others ior removing | watchers from the polls. The Grand Jury were bur- | Tied at the very end 01 their session, or forty indict- ments could bave, no doubt, been obtained trom them as ogll as lour. At about the same time a committee of the Board of Aldermen, headed by Oswald Ottendorier, a gentleman in whom every- one in New York has unbounded contidence, re- ported substantially the same charges, coupled with others, to the Board of Aldermen, and those | charges were adopted by that body and presented to Your Honor. The first of these indictments was | tried during the past week before one of the purest and most learned judges on any Bench. The Commissioners were defended by very eminent counsel, and, as everyone knows, the trial resulted in a conviction by a fair and impartial jury. So tar from the case being divested by the action of the defendants of all matters of torm, as they would endeavor to convince Your Honor, every | conceivable tecunicality was raised by their coun- sel, and ancient statutes were explored co see if some old, negiected law could not be found under which the Commissioners might have been in- dicted, so as to vitiate the indictment as found, It is true that the Judge limited his sentence to the severest fine that the law allowed on the | ground “that in this particular case it was not in- sisted on the part of the prosecution that there ‘was any proof of wicked and wiltul intent to do wrong.”’ The absence of that proof was accounted for by the circumstance that the indictment was 80 narrowly drawn that any such evidence would not have been relevant and admissable, and the mere circumstances of the case were sufficient to | convict. Had such evidence been proper hundreds of witnesses could have been produced to prove the “wicked and willul intent to do wrong.” owing to the engagements of the Assistant Attorney General the trial of the remaining ‘Terminer (in October), and we have suflicient evi- | dence to warrant grand juries in finding numer- ous other indictments against them. Allusion is made by the convicted Commission. ers to the fact that the case was not conducted by the District Attorney, but by the Attorney General of the State of New York. It might be suficient to say of this that an order of the Supreme Court of the State of | New York, signed by Lion, S. R. Westbrook, the Juage who happened to be sitting m chambers, required the Attorney General to conduct and undergo the prosecution, and that 1a reference to | that order, Judge Pratt (the Attorney General) visited this city on Monday, and, as is his custom in litigated causes, directed the trial to proceed under the management of his able and competent assistant, Hon. Charles 5. Fairchild, of Albany, & member of the great law firm of Hand, Hale, Swarz & Fairclild. But Iam not unwilling to state, at this point, the reasons on account of which this order was solicited and granted, In November, 1873, a number ot indictments against inspectors aud clerks were found by the then sitting Grand Jury. One, and one only of these, was against a Tammany man, Dennis Hogan, who, acting under advice trom an ignorant lawyer, had attempted to act ae an inspector by virtue of a power of attorney made by one Conk- Jing, Who had been duly appointed inspector. It ~appeared manifestly that Hogan had attempted no traud of any kind, and had, indeed, made an un- exceptionable ofticer, yet Mr. Phelps, the District | Attorney, eagerly pushed his case to trial to the exclusion of all others, and Hogan was convicted before a democratic judye and subsequently pardoned by @ republican gov- ernor. No one of the othor indictments (agaist | republicans and O’brien men) has ever been | brought to trial, About December or January | charges, backed by alidavits, were submitted to Mr. Phelps against upward of sixty other election officers. Not one of them has ever been submitted to the Grand Jury, until during the last week, when, perhaps, the District Attorney's zeal had | been awakened by the fact that the Attorney Gen- eral in person called bis attention to these cases, and demanded to know why they were not pressed. A pressure of business 18 n0 answer to the refer- ence growing out of these jacts, for the law makes. | it the duty of the District Attorney to bring on these clection cases in preference fo all others in. | the Court of Oyer and Terminer. When the cases | against Charlick and Gardner were submittea to | the May Grand Jury (which was done by address- ing directly to Mr. Willusm Palen, the foreman, a re- quest for their investigation), the District Attor- ney threw in our way and in that of the Grand Jury every conceivable obstacle. He construed the law against us at every point, and notwithstand- ing that eminent criminal lawyers differed from him, persisted 1m advising the Grand Jury according to lis own notions—notions In which, it seems, be does not obtain the concurrence of the Court, And | yet, after the indictments haa been found, Mr. Pneips, nothwithstanding that his own repeatedly expressed views were hostile to the theory of the rosecution, refused to allow Messrs. Fellows and Wingate, the only gentlemen who were familiar with these cases, to be associated with him in their trial, Under these circumstahces, believing that a trial with such @ prosecution would be a mere farce, | addressed a petition to the Supreme Court, who thereupon promptly directed the highest law officer of this State, a man in- volved in no way in our local quarrels, to assume the control and management of these causes, It is not true that the cases were conducted merely in name by the Attorney General, and the convicted Commissioners know | it to their cost. Although knowing no.hing about | the case until Monday last Mr. Fairchiia thor- | oughly prepared himself upon its law and tact, as- sumed the absoyte direction of it, argued the | gtave questions of law involved and conducted {t | to @ triumphant conciusion, He was most ably assisted, it is true, at bis request, by the counsel who bad made themselves most lamiliar with the case, but Lam yet to learn that there was any tung in any way wrong about that fact. “ So much I have felt it my duty to submit to Your Honor in reference to the falsehoods and insinua- tions of the convicted Commissioners. We of Tam- many Hail have had no object of revenge or perse~ cution in view in this matier. We lave merely sought to maintain sacred aud inviolate the purity | of the ballot box. In this eifort we are proud to | say We have received invaluable assistance from republicans. The Council of Political Reform, | composed largely of republicans, has been our steady and vigorous ally. A republican Commis- sioner Of Police has ever striven to aid us in ob taining the justice We sought; to a great republt- can lawyer is due the suggestion that put us on the raad to final victory; two-thirds of the Grand Jury who found the indictments were republi- | cana, and we have every reason to believe that a majority of the petit jury were of the same politi- Gai conviction, ‘This tas not veen, as falsely repre- éented, a contest of democrats against repubii- cans, It has been a contest waged against cor. rupt politicians of both parties, by honest men of both parties, in favor of a pure and unobstructed | Recepted. | of our conviction in this matter. Interview with Mayor Havemeyer. The resignation of Police Commissioners Char- lick and Gardner 13 known, and formed yesterday the subject of much comment and speculation, As was shown in the HemaLp of Friday, the con- viction of the Commisstoners for misdemeanor | carried with it perforce thé forfeiture of their ofices. Their resignation, therefore, tendered to the Mayor lateon Saturday night, is variously | commented on—by many unkindly, as a clever “dodge” to avoid tne odium of removal, while there are others who regarded it asa ruse by | which they could secure reappointment. It was even rumored that the MAYOR HAS NOT ACCEPTED THEIR RESIGNATIONS, and that should he do so he has intimated an | intention of reappointing them. To get at the truth of these singular allegations a HERALD re- porter called on Mayor Havemeyer and found that at least one part of these statements 18 true— namely, that the resignations have not yet been | THE OBSTINATE OLD MAN, as Mayor Havemeyer is now so often called by | many uusympathetic politicians, was full of | business last night. He was in his little parlor in company with two other per- sons, One of whom was Roswell D. Hatch. The other one hada pile of documents with him, and was engaged in reading trom them at great length on the subjects tiat now occupy the atten. tion of the Board of Apportionment and worry the tough old souls of Green and Havemeyer. © The worthy Mayor listened attentiveiy, occasionaliy ; throwing in a grunting acquiescence or objection. The reading occupied a long ume. When it was finished the reader placed his documents carefully uuder his arm and left with the air ofa man who | said to himsel/, “I’ve thrown some light on that | THE POLICE COMMISSIONERS. The following conversation transpired and shows all that our most worthy chiel magisirate put liberty to commit himself to on this sub- ject:— ReporTeR—Mr. Havemeyer, when Messrs. Char- lick and Gardner tendered their resignations last evening did you accept them ? Mayor HAVEMEYER (answering like an Irish- | man)—Well, 1 suppose if they tender their resig- nations ve a right to accept them, haven't 1¥ RErORTRR—On yes, certainly ; but you know pub- lic men frequently resign to the appointing power and the appointing power refuses to accept their | resignation. Did you accept their resignations ? Mayor HavemMsyer.—Well, no, I didn’t; but I suppose I will. I haven’t looked into the matter Rully rots ’m busy with this Board of Apportion- meni ReEroRTER—Then you will probably formally ac- cept ther resignations? Mayor HAVEMEYER (gruffly)—I supgose I'll have to; buti want time to examine fully into the law on the matter. REPORTER—Well, if you do accept, as you say you think you must, you have no invention of re- appoluting them, have your Mayor HAVEMEYER (testily)—I said I must took | into the matter thoroughly. I’m busy with the Boara of Apportionment, REPORTER—Yes, that is a tough thing too just now; but, Mr. Havemeyer, one more question. It | seems that the Commissioners really forfeited | their offices under the law, and are ineligible for again holding any office under the city govern- ment. Now, can this penaity be evaded by the “resignations” of Saturday night? Have you the right to reappoint them? Mayor HAVEMEYER (becoming purple)—I said Ihadn’t look into the matter fully. 1 intend to ex. amine the law. The Board of Apportionment oc- cupies all my attention now. I can’t. say whatI will do till 1 examine the law. Mr. Gardner's Statement, In reply to a HERALD reporter Mr. Gardner made | the following statement:—I think it very hard | that men should be punished for fulfilling the law. John Sheridan, alias John H. Sheridan, alias John Charles Sheridan, or whatever his real name is, was, beyond question, a batiot-box stuffer, and contemplated stuifing ballots on elec- tion day. If opportunity is given us we can | prove, we think, that ‘Alias’ Sheridan was i not the man we appointed at all. We had no }{ trouble with the republican inspectors of election, | except that two of them were blind drunk, who | had been removed from the polls for incapacity. They came up to Police Headquarters after being discharged. I told Charlick that I would consent | tolet them oMciate ag democratic inspectors of | election, but Charlick, after agreeing that they did look like democrats, refused to accept their drunken services. But, geriously speaking, If we | had not removed Sheridan, tne ballot- | box stuffer, from his oMcial position. wo ought (with great empbasis) to have been sent to tne State Prison. His case ‘Was the only one brought up against us, and the other charges will undoubtedly be pigeonholed. This is what Charlick and myself wrote to the HERALD on the subject:—“That we would not be allowed to show that we were not ignorant of the law, but that we knew what the law required of us and believed we were complying with its pro- visions, neither ourseives uor our counsel for a moment believed. Such, however, was the ruling, and as we had admitted the fact of removal there | could be but Oue result—our convictioa, which was | secured, and a fine of $250 each imposed, On the remaining indictments we then demanded an immediate trial, but on the objections of the At torney General, they went over until October, although the prosecuting counsel stated in open court that they should probably enter a noile prosequi in those cases.” A VERY NOTABLE FEATURE in our prosecution has been that we have not been prosecuted by our highly respected District Attor-. | ney, but Tammany Hall’s private counsel, who has fought us at Tammany expense as political op- ponents. A HIT AT THE HERA The HERALD is steadiastly maintaining that we are ineligible for nolding turther office on account | Tam no lawyer | and am not versed in legal lore, but | this I can say, that Corporation Counsel | Mr. Delafield Smith, United States Commissioner | Mr. John Davenport, Counseilor Abraham Oakey Hall, Counselior Vanderpoel, Counselior Fullerton | and others are opposed in their belief to the | HERALD’s opinion about our present ineligibility. Lhave heara, but will not vouch for it, that Judge | Folger thinks 8 the betore mentioned gentle- men do. AN IMPORTANT STATEMENT. ' I still look upon mysei! as Police Commissioner, and shall continue to.act as such until | am r moved by Mayor Havemeyer, who appointed me, The reason that L sent my resignation to. the Mayor was, that as he nad appointed me, | thought it my duty to set him free of any obligations, ag 8000 a8 a Complication like the present arose; and 1 think ninety-nine men out of a hundred would indorse my conduct in this respect. THE ALLEGED. BROKEN OATH OF OFFICE. T_ emphatically Loy! that [ have broken my oath of office, for in it I swore *‘to support the con- stitution and faithfully perform the duttes of | Police Commissioner to the best of my ability.” L ask any honest and inteiligent man if in turning’ away Sheridan we did aught else than our duty in carrying out the above mentioned oath; and if we had not done so ought we not, as 1 before said, to | be sent to State Prison? Cool reflection will show that what Lam saying ts right. REPORTER—Then you doa’t think that the palla- dium of our liberties consists of twelve seemingly intelligent men in a jury box’ Mr. GARDNER (laughing)—in the present case I | think [ would as soon have entrusted my chances | to a throw of the dice. The law under Which we can be removed from office is found in the city charter of 1873, Which, a8 you. know, contains much | | of the 1872 charter in its composition. Alter the matter has been brought before the Mayor, he, in turn, consults with the Governor, and then comes toadecision. If, instead of a midemeanor, we had beer found guilty of felony, we should under- | stand, a8 every ofber citizen would, that we were meligible to hold further office. [| am @ great believer im making public oficials respon- sible to the heads of a department, and in our | case, of course, allude to the Mayor and the Gov- ernor. I maintain, we honestly interpreted the election laws in the new charter of 1873. There were nO precedents or decisions in the courts to rule by and accordingly we were caught in as oenders by the Tammany drag net, for the simple purpose of serving political ends. Personally, however, I enjoy a good political fight, 1 tould use strong language on the subject of our conviction, for I have the reputation of being a blunt and out. spoken person, but, for the present, I prefer to re~ matin quiet and await developments, RerORTER—W hat ts your colleague, Mr. Chartick, going, by do towards letting more daylight into the matter Mr. GARDNER—I will only state this, that I left Mr. Charlick on Sacarday night at eight o'clock at Flushing, on Long Island, suffering a great deal’ ot yhysical pain, but his condition is now, I am happ: o Say, Much improved, Idid not ask him wnt exercise of the elective franchise, that dearest inheritange beaueathed ly our fathers, bud form. he intended doing. it of this you may be sure, that like Davy Crockott, if he feels he 18 rtyht, will be aura to go ahead, oltyeaise He ts a man Of Woalse | of Police subject for the old man!” Then came tue question | 0 | Orguonprs J Chartes 5 and can Make a big fight if necessary to maintai@ a principle. He, like myself, of course considers himself 2 potice commissioner till he iq notified that his office is vacant by Mayor Havemeyer. RevorTeR—Considering your leading | position with the Republican General Committee, the chance of your losing your position will cause a good deal Mr. GARDNER—I don’t know. At allevents I have done none of that to-day, and have received less visitors than I usually Go on a Sunday (laugh- ingly). Several attempts have been made, however, to interview me. y the way, continued Mr. Gardner let ns change the subject for a moment, Why do all the papers persist in hounding down the police? | want to speak about clubbing. You may know Igo round the city af all times of the day and night to examine tnto the working oi the police department. Sometimes | see that a fine, polite young fellow in the poe asks some loafers to move away; they use foul language and dare him to order or move them away. he, seeing politeness 1s no good, of necessity uses his clup— some citizen comes by, and writes to the papers about “another police outrage.” Another Kind of ofiicers gives the loafers and rowdies no warning, but “gives them a blow and says “get,”—and they get, and as a rule no complaint is ever made upon nis unceremonious use of his locust, I am no advocate of promiscnous clubbing, but 1 main- Tain that the police must be clothed with power to carry out the laws. My opinion is that when the papers are hard pushed jor news they commence abusing the police. All I have to say on this club- bing question is, punish any officer guilty of brutality aud sustain those who are honestly doing: tueir duty. Of course ail the members of the police force are not perfect; nobody ever maine tained that they were. Revorrex—Have you seen the Mayor to-day, Mr. Gardner? Mr. GARDNER—NO, sir; I have not stirred out of | the house. RerorreR—Do you know tf any message, verbal’ | or by telegraph, lias been received from Governor Lx? Mr. GARDNER—No, not to my knowledge, You must rememper thut to-day 1s Sunday. To-morrow (Mouday) we may perhaps hear something inter- esung. HISTORY REPEATING ITSELF. As the reporter was leaving Mr. rdner he sar ‘When Horauo Seymour was Governor you may remember what a hullabuloo was raised about my respected friend, Police Commissioner Thomas Acton, who was almost accused of break- Ing one Of the’ Ten Commandments. Mr. Bowen (Charities and Correction Bowen) and Mr. ergen were also accused of being hein- ous individuals and @& public eyesore as Police Commissioners, and efforts were made have them turned out of oMee: put all ended veably by the reorganization of the Police and Bergen, of Brooklyn, aa republicans, aud McMurray and Bosworth as dem- ocrats. From ttis you will see that there have been previous wars respecting the tenure of office Commissioners. e must, therefore, oe further developements, and “what will pe ” THE PRESIDENT AMONG THE PEOPLE. A Popular Ovation at Charleston, W. Va.—Cheered by the Crowd—Progress of the Party on Their Tour. CINCINNATI, Ohio, June 28, 1874, Aspecial from Charleston, W. Va., says:— President Grant, accompanied by his wife and Dr. Norris, arrived here yesterday on @ visit te friends artd relatives. The President was recetved at the depot by the Mayor, the City Council, the entire police force and a crowd of citizens, who es- corted himto his hotel, A salute of 100 guns was then fired on the wharf. Colonel B. H. Smith made a speech of welcome, tendering him the nospitality of the city. The President responded, expressing pleasure in visiting friends. in the Kanawha Valley, and regret that he could remain but two days, The crowd gave three cheers and then escorted the President to the residence of Colonel T, B. Swann. In the evening he was serenaded, and made @ brief speech. To-day he attended the Rev. W. M. Mulenix’s Methodist Episcopal church. To-morrow be will visit an aunt, Mrs. R. M. Tompkins, at Cedar Grove, where he will spend one day, and then proceed on his summer tour, HAYTI. Sr. Tuomas, sune 15, 1874. ‘The news from Port au Prince ts dated to the 9th inst. Some thirty of the first merchants of Hayti are now in St. Thomas on their way to Europe to pur- chase goods, ‘This {8 one of the best signs that peace may be looked for in the Republic under Dominique. PREMATURE EXPLOSION OF A BLAST. New Haven, Conn., June 28, 1874. Two workmen in Beatty's quarry, in Braniord, foolishly tried to drill out a heavy charge of pow- der which had failed to explode. The triction of the drill exploded the charge, and beth men were seriously injured, One has since died and the other lies tn a critical condition. A.—Espenscheid’ Styles for Straw HATS. The splendid fleld for chotce (of the lighter clas of summer Hats) offered at ESPENSCHELD'S, is wi worthy the attention of the public, at 115 Nassau street. At Flushing You Can Behold the Most charming and beautitul young city in the United States, It is but six miles from Hunter's Point, only twenty mim- utes in palatial cars; 10 cents; 120 trains aaily; 7 depots to aid its growth. If you never have been there accept onr invitation and visit it at once. Maps and free tickets at Real Estate Headquarters, 365 Third avenae, corner Twenty-sixth street. B.'W. HITCHCOCK, A Pure and Fragrant Tobacco is Sur- BRUG'S GOLDEN SCEPTRE. 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