10 N.Y.S. 803 | N.Y. Sup. Ct. | 1890
The relator was charged with absence from his post during his tour of patrol duty, his absence consisting in sitting in a restaurant, but for
“ City and County of New TorTc—ss.:
“Maggie Roe, being duly sworn, deposes and says: *1 am the wife of Cornelius W. Roe, the petitioner named in the petition hereto annexed. On or about the 21st day of November, 1889, shortly after my said husband had been dismissed from the police department, I called upon Police Commissioner John McClave, at his residence, No. 156 West 72d street, in the city of New York, in relation to my said .husband’s dismissal. I called the said commissioner’s attention to the very slight dereliction with which my said husband had been charged, and in the conversation which ensued the said commissioner stated that my said husband, Cornelius W. Roe, had been dismissed on account of his previous record, and not because of the charge on which he was last tried; that, when the case came before the full board, Police Commissioner McLean brought up the record of previous charges against my said husband, and on that account recommended dismissal, and that the other commissioners voted accordingly. Maggie Roe.’
“Sworn to before me this 15th day of February, 1890,
“John Mhlholland, Notary Public, (75,) N. Y. Co.”
And, further, that the relator’s record as an officer returned by the respondent, and which was doubtless used against him, was not given in evidence at the trial, or he given any opportunity to explain it. These things combined suggest elements employed in the consideration of the case which should not have been countenanced, and therefore not permitted to influence the respondents in forming their judgment. Ordered as suggested, with costs. All concur.