Newspaper Page Text
(The gmuiuy utletiu
PUllMHUKU 1IY JOHN II. OlIEKLY A CO.
M. II. IIAimKt.T., A"rOCtA.TK KTiITOIt.
WEDNESDAY, JULY 14, 1809.
IIIIiioIm Criitml It. It., CluiHKC! oI'Tliilo,
Tho trains now leave as follows :
la.i trniriMcaU'N M... 2 o'clock n.in.
i ,prc 2 V) " .m.
Mi.l trftiu ortnei" at .'. .. ....... 2 o'clook a.m
l.XhTVft ' " W
Way. have nt prin o'clock n.
) prct, " .........
Way, iirr e al
1 rre "
, 4 I
Dally, Hunduys excepted.
trrlvnl'nnil Driinrtliro of If nil.
C ur l'oit 0(JVc, l.brtiary 2, )
(Tlmo of liiing.)
t,r,j i ? ih 3:Wn.in.... :(p.tn.
S . jlwftVl iSi.m 11:00 pill.
I i iir'.uiiliiinil way). 4:)a.tn lltfup.m.
i iMftni)liiiN. .).. titKJa.m...... l:WWii.
ill wr route fern p.m. ti:OUp.m.
I .-mppi llivrr routr,
T. tdi.ymmd l'rklayt... OiOOpJti T)p.m.
-.. '"II, Mo.,Tteday
Mi,inKrt, T.M.m. tnt.
It- - r .ne dnrartfi evrrr day rv opt Mon4y.
1 J. 51. tJll.UIAM, P. M.
Heading matter on every page.
i ho little daughter of Mm. Ivors, resi
dent of Xinth street, full upon thu Hide
walk in thu vicinity of her home, last
night, with sulllelent violence to Iracture
l.tr arm. The proper attention was
gicn to the wounded limb, and the un
fortunate little girl is now quite comfort
able. Ihe ul. absorbing topic to-day Is tho
1 1 ndln trial of Mr. P Mockler, City
Clerk, f roflklal corruption. Tho trial
w.ll L'i concluded In thu court-hotHo this
i vmlng, when tho two hundred spectu
' ta of Inst night will probably be swell
i 1 ? four hundred.
l lermau Theobold laid upon our ta
1 1? this morning a lot of remarkably tine,
red cheeked, Juicy and richly llavored
pi.it his grown by him on his garden, on
rhecornorof Seventh and Walnut streets.
; W have een none in market that
w.ll favorably compare with them either
in .-ize or flavor. Mr. T. has our thanks
f.ir his grateful attention.
n.ose who for days, mouths and years
hue been denied that pleasure of outing
whizh goiiiul teeth aH'ords, and who-e
rker less nights and days of misery it re
Ike cause of decayed teeth, should call
hi Dr. Austin, ovor tho boot and shoe
mporlum of Elliott, Hay thorn it Co.,
where they can tot the eclence of genius,
aud thu mechanical skill of years ilevot
(d ' ) the study and practice of that
dltllcult pro fa-s I on of which he has thu
homr of manuring. Jyl-f-lt
A I Und that matter John .Scully
n laJS hurt, yeaUrday, In .Mwn. Ilecd fc
M . i fumitory, by th full of heavy body
IM w ttoaping down clwtnlng the
h i'. tho time. 1IU buck w bdly cut
r i . furd that the tpinul column is
. i Ui legi wore n bruUed quitu
. . a.ly . mikI if report' nr tru hU Injitrie
..y Is? cormlrtoral of ft highly ihingeroiti
M'Hiiel to lilt1 .li !( CdHiilj' .llinilrr.
Wo gavo yesterday tho details of tho
klhlng of Mrs. McCormlek, in her own
homo on tho Illinois shore opposlto l'adu
ah. The murder was undoubtedly tho
.vork of tho two vlllians who took break
last in thu hoiiao tho morning before.
' On Monday morning tho particulars
of tho murder being mado known at
Ogden's landing, u few miles below Me
tropolis, a resident or that locality took
his gun and put out iu pursuit of tho
murderors who had loft that point only un
hour or two before. lie had proceeded
only a fow miles from tho landing when
tho bloody llcnds, concealed in tho bush
es by tho road side, tired upon him six or
eight times, and lied. Tho man fell,
pierced through tho body by four or llvo
pistol balls, bo seriously wounded that ho
died n few liours afterwards.
From the l'aducah 'Kentuckiau,' of
yesterdny, wo learn that tho bloody
monsters were seen by the mall carrier
between Dlandvlllo and Lovelacovillc.
.Marshal Wilcox of Paducah, recolvlng
Information of this fact, collected a par
ty of men, among others tho negro who
ferried tho murderers acrosu tho river on
Monday morning, aud started in pursuit.
As tho negro Is confident that ho can
Identify them, thero Is a strong probabil
ity that Marshal "Wilcox and his party
will capture them.
That our police may bo on tho alert
for tho villains wo append a description
Tho larger one of tho two is thought to
bo from U0 to J15 years old, nearly six feet
high, rather spare made, with groy oyes
and rather long nose. Ho had on it soft
black hat, black cloth pants, aud a pair
of nearly now boots; ho had black whis
kers all over his faco.
Tho other Is rather short and heavy
cot, with light or sandy hair ami whisk
crs, both slightly groy. Ho had on an
old groy cou and greyish colored pants;
shoulders prominently round. No doubt
a good raward will bo paid for their ap-
TlioyunIowcr JMlllard r5uloon,on Ohio
havoc, li furn'shed with tho IntoKt ivlp
JOINT SESSION OP THE CITV COUNCIL.
(Special Mf Udr.)
Cairo, llli., July 1.1th, If 69.
Present: Mayor OberJy, Councllmen
Barclay, Jorgenson, Martin, O'Calluhan,
Ilearden, Williamson, and Aldermen
Brankle, Hendricks, Kennedy, Lqhr,
Loncrgan, McKee, Mondel, Itedman and
After tho announcement of a quorum,
tho Mayor stated that tho meeting had
been called for tho purpose of hearing
and determining tho charges preferred
by Treasurer Hyland against V. Mockler,
City Clerk, in Biinpcnto, and for tho trane
action of such other business as might
properly come before tho council.
In connection with thd matter of.
charges against Mr. Mockler, the Mayor'
presented and read the following com
munication: M.VTon'a itrtu-K,, )
( Man, lit , July Utl, Iim.'i. j
Ti tlm !Iin'rip City Council of the Oily of Cairo
On the Cth Inst., I received from
Mr. John Hyland, City Treasurer, the
following communication, viz:
Otllrn of Hi(atrTrffurM-. I
( niru, 111. .July li. I" i
TolhellonoraMOl.tyorafi'tOiy Cmincll ef tin1 City
of Cairo l
OrHTti:! er)in'titni in April, (lliw ynr.i I w
rain onrlnrwl lint the rity rlfrk, Mr. Patrick
Mockli-rlwl iHNlict,ri41 for wliK-h l,r Iwlnf rlvl
(he moriyiu!il hail lint pnM ttie time Into thr oity
trwtiiry. 1 tlivreforr Rate him nntlcr of my upi
ci9n: unit, l,ortly ftr, li-" rrl that If l''l rr
HHvtl from Mr. Korhlrr. imtrh-t, lut ll'.. from
Hil 4 Mann, for mrrvhHt Iwrlict', aliout i7 J ,
from llrr. TIioiihu olrotli'r, fer iin-p-liaht'? lir"(ic.
alt $6 Tu! ainl from ntlicr frtlr, whnr name
ran l'furmhiHl, otli-r umt, nod of lm h hi !.
th! ni-l into tli- ritr trnrv. lmH Irmaii.l o
him, lylhf rity marlial, 5IhIiI Hurnbrvk. f.rthr
tnoncy tlm- unpreprly nllMlr. liy lilni ; aii'l iotoiv
1 In rrply th rriiet lo prefer i-tar : wnvh, -o
that (hx Ky llitrrrtla way bo pioletHxl tmint '!:-hom-My,
I now aiwl hrrndy aHltilinirly ptofrr.
TlKTcforr, I nlmrxo :
I. Tlul l'tri. k MM-klrr, City ClrrV, w iUtJ
li'S d It), III lhi, Hut kt liaa lurcl lli-ritfru without
tvltr.i mnitiei fortho IUrHfi mi-I, a(m ilrmau'l '
rfpralMljf m'lr, rffil'nH to pay lbrr inotrti, thn j
liuitroprny rollwtrd, lo thr o((W rr of tht-iity, win., i
iindrr th rhartT "n't itHlnanr,., i tho jifopn nito. i
dla of tho city't fnnH. 1
2. That IHUrkV. liKklr. f il Ork, b violaml In. ,
.1 i.t jr in lhi. that h prowr.! t m, Julio Kylun-I,
City Troutrr. i litlxinratty ami rprniptly 'htM
Mi inMo m-ol, coining ml" the c-M tr.-aniin for'
ll tu"t. i
.1: That IVtrirk Mnrklrr, ( ity Cllk. t.a. in In inv
nay-, prH"l lituM-lf lo-ni)ttil. urfiliw"n "n't l'i-
iIk'i in lh- 4f Hari of Ilia ilntt . pn' li' ottl r. :
Allofwhicli l r-p"'tf'illT 'iHi,iit.'.l. 1
J'UI.N 11TI. OH) Tr-K-'irc
Impressed with tho belief, that the in
lerestrt of the city requlrud thu suspen
sion of Mr. Mockler, fiom thuolllceofcity
clerk, until the council should have an
opportunity to hear ami determine the
charges, anil that the accibed might
have protH'r notice of the charges made,
1 forthwith addre.e(l to him u commu
nication, of which the following is u
copy, to wit:
lyr (tin. r. Cairo. J II . July irh, l-.
M r. -..tr k M-xklrr, Utty (lurk :
n .ir J..hn ll)lnl, City Trrirrr, hn- thl
In) pffTrtJ Hsaiutt ton rliarfii of a tory grai'
clirw t'f. im fll :
1. Tkat, in Hlitin of tour iluty a an nSk-cr of thr
i-ity. you hatr, witiMiut wuhontr or uvr, rciTit
nuiciM. tM.lnofftuif talh Mtr. an.l haro rfiu.! to mv
iba Mttnv to thr attkrrwho
m aoiiKrii-q wrvcrivv mm
k-rplliK tnoriir et thertltr.
Tnai, in viojimhi oi uar uwiy. a- hoipiki, ou
ir tiroiiouHl to Inm, ih ail J "tin llylanrt. City
r luiy. i
bar proiioMHl to In in, tU ail J "tin
Trnuuror. ! 'liholrrll ami onnptiy Uivi.lv ni"uir
coming mun irraurj- iot iii'rn jimi oinrr pur-
3 Tht )u h.t alo, in many wuy, .rci.-. juur
klf invAMprtonl, iil(rt ainl ifrltt of truly.
Now, thfrfbrr, tin K to notify ymx. tl( Tu.-
day n-xt, 13th of July, lift., al 7 o'clock. 1. M., I
hall almiit th- ehmrxv tu the ton,Mritioii of th
icy rMUK'il. lo loiiit fmua ouvvurj , iukJ shall .ik
tlial tl;c ronn ifmalf inircatiaaMon toarrtain if tlir
Mid rharg ar tru . auti thai, if (bay ! prol I. U
tin., m haii i r"m'n."i mini om'e
You will Hirer.
forr apMar Iwforr the cou. il, t tlw tuneabutu won-
tionrj, where, iou wdi luivu an opiKxtuu.!! t
prv thiald ehr ami eriptr yoorlf.
Aud by the authority In mo Ttiud by i- nou 6 of
i urdiuam entitb-d an ordinaufe to adopt th-- oHin.
an 4 of tho rlty of Cairo, a. reilnd Hlifle.l, and
until tiw .ltttrmiualH.il vr urn ciij wuie J, i.pvit tl.c
chanet a;aint you hrrnn -t forth, la announced, toii
re liarby lutpended fraui the ttke 'f -ily lerk, uiid
ai piahibiUMj fiuiaejriri.lup any of tho functloim (
the laid o like. You wnl.tlirrrlorr deliver t tfciy I'oliee.
man John Cumlni:, wlioittutlioriid Iu revtev tho
me, the key af thootSr. and oil bul f, paerf. prop
Mly, ndertrrti,unourj'ifion. hrl'iiuinc to tho
ciiy JOHN II. uilKItU" Mayor.
In compliance with thu order of sus
pension abovo set torth, Mr. Mockler
handed over to Mr. Cummiugs thu key
of the ofllco and of thu safe, and fully
surrendered possession of tho ofllee, un
der protest; refusing, however, to glvu
possession of tho safu combination.
Finding the ofllco vacant, and being
uuablo to satisfy myself that I had tho
right to appoint a Clerk n tnUrim, I ad
dressed a communication to tho City At
torney asking Information upon this sub
ject, and received tho following reply,
Attorney Ortlce, 1
o, July Tilt. Ifcfc.
John II. Oliom. Mnur. Ac:
Pun Siu iir communication of thu dtr, Bikini;
my opinion on to jour oifer to till a Hcauc'vaui'd by
tli uieliiioii from otIUo of the rlty clerk, haberu
rroelved and rotnlderad. While I look In vun In the
cily chatter and ordination Iit any upcrlflr otterou
tlmrlnnr the major to all a vumiiuj', howsoever rn-cur-rm,
tu the olhce af the city clerk, jet I am vrull utl.
fled that from your txxition chief exevuthe ottico
ftho corporation i haiucn upervlory iaer nrrr
the (iilxiruinilo ornreraof tho city, with jHiurr to ru
movo nnd aiiiK'Ud ; from the necet'ity ni well n tho
analoKlea of thecar. uinl from tlio inconvoiiienvo and
dttriniant to the publlo, which miglit olherwiu bapjwn,
Hint j'ou, u major, linro tho power to rill teinpomrlly
th viieanev ooeiirrlnar br the ktiaiHillllon of Mr. Moek-
lr, City t letk Certainly jour Appointment would
uiva to ihe Hiinointeo a coioruDio nmnontl',
would call vour attention to the general principle of la
eilllliuittieo u) our toj'iroiv v.mii. .mv umim.icm.
alncli ornotrieorir,wiie tiiej concern 010 pun.
lie or third peraonn, are valid ami ettectunl though It
nmy uppetrthat he has no legal rittt to the umce,''
Hothatthe neceaityoftkoriuerriurlnK tho Miriiney
Derationed by tho aupenloti of Mr, Mockler to b
temporarily nllad.rtnutho mayor being tho only au
thority by which It can bo done, oven were thero a gap
In thu lawaof tho city leavlns It doubtful whetker tho
power hat tieeuconferrod, jet the IntereaU and rlglitu
of the nubile would Ixi protected aud ubterved, nt tho
iu toruehiinKiiiteocouldnot becalled Iu ipirxtlon,
With muchretpect, Inm your truly,
L. IMU tLKlt.CityAtfy
Acting upon this opinion of tho city
attorney, and so that tho public might
sillier no lucouvonieuco pending tho de
termination of tho churges referred to,
I appointed Mr. Thomas Naily as clerk,
pro torn., In whloh capacity no is now
On tho 6th lust., after notice of the
charges hud been servod upon him, Mr.
Mockler expressed a willingness to pay
to mo tho money irregularly collected by
him for licenses, tuit was unablo to fur
nish a list of the nam on of tho ultlzons
who had paid to him the money. I in
formed him that I was doubtful of thu
propriety of my receiving the money
of my right to do so; but, after dellbura
tlnti, and with thu advice of thu city at
torney anil members of tho counoll, 1
concluded that It was my duty to obtain
trio monuy if I oould. Accordingly, on
thu 7th lust I made upon him a formal
(lemuiid for tno same. On Uiu Stn lust,
Mr. Mnnklnr linmliwl tn mi, mm li.irulroil
and eighty dollars and ninety-ilvo conts, Aldormun Lohr objectod, whon couu
(5180 05) as tho amount of money In ills J oilman Itearden renowoil tho motion to
hands belonging to tho city. This money ,a,ash tho third charge; and tho voto
. IIHIUKl'M lllliuntu f VlfllllUlllllMIIUUU
Mayor' Ofllco, Cairo, 111., July 13, 1 ROO.
Mr. John Ilylaail, City Trraiitrort
HiAaHta: Therncloici ono hundred nm nshty
dollar-. andnlntty.flTorrnta (JlH)5)wan hand d to
mr by Patrick Morklcr, City Clerk, lnc the tlmo you
preferred nninM him the charge now pending, and
plnrolilniipri inlonfromofnci. Thru moni-y, Iio ln
formed mo belonged lo tho rlly nnd wan by Mm re
ceived for llcennea. Ho dofdrc"., ho anlil, tliat It elmll
bo placed in tho treasury, btit hcultatea on occoiiot of
tho relation rxbitlnj; between you two, to prmnt It
In pa reon, He, therefore, reiutd mo to rtcoiv It,
and hand It to you. Anxloua thnt tlm elty liotill r5
celvenn much of the money unlawfully kept from her
ui ponlhle, nod fenrfnl that refund to accept tho
money might deprive the rlty of tho nmminl, after
rotmullntlon with tho rlty nttorney find by In advice,
I concluded (o recclvo It mid nottend lltoj .u vritli u
request that you return a receipt for It by the boater.
With much resjicct, yourobedlonuert.nit,
JOHN It. OtlKRIiY, Major.
For your Information, and the Infor
mation of the citizens, who have a right
to know the particulars of all matters of
nubile Importance, and that my action
in this matter may receive your careful
scrutiny, I have thus In detail given a
statement of all the matters which have
given out of the churges now pending
against the city clerk ; and, accordingly,
lo now submit this conimtinleutlou for
John H. OlinniiY, Mayor.
Councilman .lorgensen presented and
moved the adoption of tho following
rule for tho government of the city
council In the trial of Mr. Mockler:
Whkiikah, Charges of violating duty,
and of Incompetency, negligence and
dereliction In tho discharge of thosamo,
have been preferred ngiinot Patrick
Modeler, city clerk, and
Whki:A8, Hald charges arc now be
fore thu council for investigation and
Hosolvod, Hy the city council of tho
city of Cairo, in joint fcesslon convened,
that the following rules shall bo observed
iu the .".lid Investigation, to-wlt:
1. The charges shall bo considered criV
tim, and evdcuc shall bo heard upon
each In Its order.
2. At tho conclusion of the hearing of
the ovldence and alter discussion, a ovte
Shall be taken upon each charge on a call
of thu yeas aud nays, and as many us are
of the opinion tliatthcchargcshuvc been
sustained by the proof shall, when their
names are called, say: Utility," and as
many as are ol a contrary opinion shall,
when their names are called, say: "Sol
Guilty." If a majority, respond:
Guilty," the presiding olucer shall an
nounce that the accused has beceu con
I vleted, under tho charge, but if a major
ity shall respond; ".Not Guilty," thu
' presiding olllcer shall announce that tho
' accused lias been accqultted and found
I guiltless of the matters charged against
111 in .
3. Thu city attorney shall conduct the
1 prosecution, and thu accused shall bu
' permitted to appear In his defence cither
J in person or by attorney.
4' All speeches, during tho pendency
of thu investigation, shall bu restricted
: to tllteen minutes, and no person shall
speak more than once to the same sub-
The motion to adopt being seconded
nnd put, was unanimously carried.
Aldermen Carroll and Iluleu here ap
peared and took their seats.
Tho counsel for tho accused, Judges
Allen and Mulkey, complained of thu
crowded nnd heated condition of tho
room; the lack of f-urtlctont ventilation,
and tho Impossibility, almost, under thu
circumstances, of proceeding with that
deliberation aud patience which tho 1m-
ivortaneo of the ease merited.
I ,il... I o.. 1. ......... .1...
1 " .i...u...B i..u
prosecution, agreed with thu counsel for
. . , ,. . ,
Wli; uuuuacu iwi w uiu iiiwunanj ui iiii un-
Jourumont to a more cojnfurtablu place.
A motion was mado by Alderman
Kennedy, and seconded, to adjourn until
Friday night to thu court house.
Tho mayor stated that under a concur
rent resolution thu council chamber was
designated as tho place of meeting of
tho city council, and it would be improp
er to ndoptthu motion unlos tho uucusud
should agree that no advantago would
bo taken by him of such change in the
placo of meeting.
Tho motion mado by Alderman Lohr
to proceed then und there with the trial
was voted down.
Councilman Barclay moved to adjourn
to thu court house, iustanter.
Alderman Itedman moved us au
amendment that the council adjourn un
til Friday night. Lost.
Judge Allen, for tho accused, stated
that tho request for un adjournment to
tho court house had been mado by him
self and Judge Mulkey, aud stated that
no mU'antago would bu taken of it by tho
accused, ami that this might bo spread
upon tho record.
Tho question on Councilman Barclay's
motion was then put aud unanimously
Upon reassembling at tho court house,
tho calling of tho roll was ordered with
u result exactly similar to that obtained
iu tho couucll chamber.
Tho counsel for tho accused, by Judge
Allen, entered a motion to quash tho
third und lastchurgo on tho ground of
Its general and sweeping character uud
Its failure to specif' y definite uct.
Aid. McKee rose to a point of order
and declared that, under tho rules pre
viously adopted, each section must bo
seperately considered In its numbered
orderly, und that tho section now under
discussion being tho third, was, as a se
quenco, out of order.
Tho mayor ruled tho point of order not
well taken, since thooouncll hud not yet
determined to proceed with tho investi
gation of tho charges, aud tho motion of
tho counsel of the dofenco was mado to
dutcrmlnc whether the third was, In tho
proper senso of tho torm, a charge. Tho
motion was made to settle a preliminary
question, ami would therefore bo enter
tained, unless objection should bo mado
to u person not a member of- tho couucll
i ,, .,
Nays Hulon, Hendricks, Lohr, Lon
crgan, McKco, Mendel, Theobald, Bur
clay, Jorgonton, Martin and William
The motion to quash was lost.
A motion to proceed with tho conside
ration of tho caso then prevailed by a
Tho following witnesses wcro introdu
ced aud gave in their cvldcuco: E. A.
Uurnett, Valentino ltesch, Thos.Btroth
or, G. M. Aldcn and John Prucss.
Under a motion previously passed tho
council adjourned until this evening, at
seven aud a half o'clock, at thu samu
T. NAMiY, Clly Clerk, pro (cm.
A purty of gentlemen crossed the river
this afternoon to inspect the work In
progress on tho Cairo & Bland vlllo gravel
road. Tho work is being pushed forward
with all duo vigor.
Thu Cairo & Fulton ruilroud jiroposltion
Is gaining friends; but the prevailing
lukcwarmncss bodes defeat. When will
there bo a waklng-up?
A now engine for tho southern section
of tho Iron Mountain railroad will ar
rive In this city this evening. It comes
What think our interior readers of a
coal tow consisting of twenty-nine
barges! Flvo acres of coal bouts.
His Trial for 3Iiiircaniit'e in (Mice.
Tins Hvlitenri In tin Cnn.
At S o'clock last night, thu City Coun
cil In Joint sosslon, met In the Couucll
chamber and was called to order by the
Mayor. Upon roll call seventeen mem
bera responded, Alderman Gibson, only,
Tho Mayor communicated a message
to tho Council embodying tho charges"
preferred by Treasurer Hyland against
Mr. Mockler, tho City Clerk, and setting
forth at length the action ho had taken
in tho premises. This mei-sagu Is pub
lished at length nmong the proceedings
of tho Couucll a ofllclally reported.
Councilman Jorgenson Introduced rules
for tho government of tho couucll In tho
investigation of the charges, which being
adopted, Judge Allen, ono of the attor.
nles for tho accu3cd,hiiggtmtod an adjourn
ment to porno other time and place, be
causa of tho crowded condition of thu
council chamber and the extremely un
comfortable temperature of tho weather.
Alderman Lohr moved that tho coun
cil proceed with thu Investigation, which
being carried, Judge Mulkey, attorney
for the accused, urged an adjournment
to some other place, expressing tho be
lief that thu heated and crowded condi
tion of tho room forbade anything I'ko
that calm and deliberate examination of
tho matters In issue that their Import
ance demanded He urged this at Ihu
request of and as an act of Justlco toward
tho accused, promising that tho accused
should not avail himself of any legator
technical advantage that might present
Itsolf through tho fact of adjournmont to
other and more comfortable quarters.
Ho held that tho ordinance requiring all
meetings of the council to bu held in tho
council chamber was meroly directory
and not mandatory, and expressed thu
conviction that tho council had thu un
doubted right to adjourn tu another tlmo
Alderman Kennedy thou moved that
thu council adjourn until Friday night to
meet at tho court-house; which motion,
being changed from Friday night to "In
Htantor," was carried unanimously. Tho
members and tho largo crowd of specta
tors then repaired to court-house. Thu
roll being again called sixteen members
responded, aldermen Hendricks and
Gibson boing ubsout.
Tho rules govornlng tho trial, at thu re
quest of Judgo Mulkey, wore re-read.
One of tho rules limiting all speeches to
fifteen minutes and allowing no ono to
speak more thau ouco to tho sumo sub
ject mattor, Judgo Mulkey desired to
know if that rulo applied to attornles.
Ho expressed an unwillingness, as an at
torney for thu accused to bo gagged.
Tho mayor observed that if no objec
tions was raised, ho would consider tho
rulo us uppllcablo to members only.
This matter disposed of Judgo Allen
requested a ro-reading of tho charges.
Tho clerk read thorn. Judge Alloa
moved that tho third chargo bo quosuod.
It was general; described no offence in
epoclllo torms, und was no chargo at all.
L. P. Butler, esq., uttornay for tho prod
ocutlon.replled that tho 3rd chargo was a
mere summing up of the other two, aud
should bo rotuluod. Tho couucll should
not sutler thonnolves to become entan
gled in tho nieshos of technicalities.
They should sook uftor tho plain truth,
dolngjustlco to tho uccusod, tho city and
themselves. Tho motion of tho gentle
man was promuturo. Tho charges must i
bo considered sorlatum, and tho guntlo- i
man by his motion seeks a direct rover- '
sal of tho order. Ho hoped tho council,
would not quash tho charge. ,
Judgo Allon replied at nomo length.
At tho conclusion of Ills remarks tho
mayor observed that ho questioned his
right to entertain a motion mado by a
patty not amombor of tho council, anil
would only do so by tho unanimous con
sent of the council. Objection being '
n.uio i niiiftlmtin Hoardon moved that
The question being submitted tho coun
cil refused to quash tho third chargo bjr
a voto of nays 11 aud yeas 0.
Tho attorney for tho prosecution theu
presented his case, reading tho 1.15th sec
tion of tho revised and codified ordinan
ces as the law applicablo to tho first
charge. Ho was very brief occupying
only four or llvo minute tlmo.
Judge Mulkey replied In behalf of thp
accused. He assented that Moaklor hdrl;
done wrong In receiving money for U
coubos, but in dolugso ho had only fol
lowed a custom sanctioned by 16nn
usage. He did not bcllovo Mockler wrvt
any more a thief than Hyland, nnd he
esteemed Hyland unati honostmnu. Hy
land had eald nothing about Moukler'3'
Bhort-comlugs until after Mocklor had
kicked him out of his ofllco, oto. Judga
Mulkey 's remarks consumed about twon
ty minutes, closing with tho suggestion
that as It was now qulto Into, tho
council should adjourn, and resume thu
investigation at some other time.
By this tlmo tho hour of 10, 30 had ar
rived, uud thu attornles for the defence
for tho second tlmo urged an udjourn
mcnt; but tho council rufused to adjourn
and Insisted upon proceeding with this
Invcstlgatlon.jTho witnesses for tho pros
ecution were, accordingly called, nml (.'.
Winston, esq., notary public, being pres
ent, ntlmlnistored to them tho oath.
.Mr. K. A. Burnett was examined first.
Hosald: Iu thu latter part of May J
cannot name the day positively, Mr.
Mockler notified mo that tho mcrchuntV
licuiiBusof Lnmo& Co., had expired, 't
replied that I would gut thu treasurer's
receipt uud have them renewed. Hu
told me that tho treasurur'u receipt wa-j
not necessary, that ho could take the
money as well as tho treasurer, that thu
two otlices wero right thero together and
ho could nay It over, and would save mo
thu trouble. I procured tho licuuau iruiu.
Mockler, paying him for thorn iu tuo
street oppoili- hi ofllee. Tho license
wero for tho Ht. Charles nows depot. I
paid him six dollars In city scrip for w
fractional part of a your, buying tho scrip
from him then uud tburu aud pay lug
him seventy cents ou tho dollar thurofor.
I never had any other business with Mr
Mockler iu that line.
Valentine Uo9ch;wus called next: J.
procured a merchant's llcmso for mj
vegetables, butter nnd eggs business ou.
the corner of Eighth street and Washing
ton avenue. 1 procured them from Mr.
Mockler, six or seven weeks ago. I paid'
him fi.sn for theni. Mr. Mockler owed
me money, and ho brought tho license
uround and 1 gave him credit for $o,6
on hlsnccount. About u week ago J
met him near Whlttaker's drug store and
hu told me that hu had got Into a scrape
aud tliat I mtifct tour up my license. "I
I toltl him I might got Into a scrape my
I self If I tore tlitin up, and ho said lr
) would help mu out. A few days after
that, ho came around una uskcu mu n
he hud told mo to destroy my license. 1
told him that ho did ami then he said he
must have been crazy or drunk. I don't
think lie was drunk. Ho seemed a little
Thomas Htrother oolored) testified a
I live on Washington uvonue, opposite
I tho new custom huuso. I am keeping a
i family grocery. I got merchant's license
from Mr. M . k!. rMmotlme between the
I 1st nnd Kith of Juno. I paid him $0 70
I therefor In greenbacks. I went to .Mr.
Mockler because miiuu oiio told mo lit-
wus thu proper person to apply to. Whlh
at .Mr. Mockler olllco ho told me that If
I wanted any favors tocomo to him; that
he would let me havu money wtien. 1
wanted It, because hu was' ono of my
friends. 1 took llueno to thu 1st or
Q. M. Aldcn: I am a commission
merchant nt 0.1 Ohio Loveo. On tho 10th-
I day of Juno I made npplloatlon to Mr.
Mockler for merchant's license, nnd on
the bumu day hu lirougiu mo iicenso to
my store aud I paid him for thorn. When
I called at his ofllco to apply for tho
license ho was nut; but I met him au 1
waspusilng out. I told him I wanted
license. Ho said "all right," that he
would bring them down for me. About
un hour or two afterwards ho brougnt
them down and I paid him for them In
greenbacks, at the rate of 70 cents on tho
dollar. Tho license ran from tho 10th of
Juno to tho 1st of January, and I paid
him at the rate of 510 per year. I know
uothlng further relative to tho case.
Here the uttornlei for tho defouse an
nounced that the hour of half-past 11 had
arrived, an that. Inasmuch as they were
compelled to attend court next day, they
would bo forced to abandon the caso
if the couucll insisted upon going on
With the Investigation. Tho prosecuting
attorney replied that ho had no desire to
rush things; ho deslrod a full, fair and
deliberate hearing of tho caso; but us he
hud only one more witness to exumlnv
touching tho chargo In hearing, ho would
be glad if that witness could bo heard.
Countillmun Martin remarked that It
was a Hardship to be detained all night..
He wus not able to stand It, and would
Councilman Barclay theroupon moved"
that whon tho council does adjourn It ad
journ until half-past 7 o'clock to-morrow
evening. Tills motlou carried.
John Proust was then cullod:
I llvo ou Eighth street; amu saddley
nnd liarness-muker. I got merchaut'a
license from Mr. .Mockler on tho 21st of
April last. I paid him S7 00 in city scrip
and SI 00 iu cuiTonoy for them. Mr.
Mockler told me to pay tho money to
him, that ho wanted to pay It Into the
city treasury, aud I paid It to hint. My
llconso will expire on tho 1st of January
I know nothing more about tho caso.
Here tho mayor observed that the
council desired access to tho clerk'b
books; that they were in tho safe and
that Mr. Mookler being in possession ot?
the combination" refused to communi
catu it to him.
Alderman Carroll remarked that tho
books of both tho clerk and treasurer
should bo placed subject to the Inspection,
of the council. Hu could not voto know
ingly unless tho books wero obttdtfod
He would bur left In tho -drk, ot"
TIih afneni i fir tho rn'oiwcd assured