The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-04-05
General Sessions.
Before Recorder Tallmadge, Judge Lynch,

that Office called for trial this day. At the open ing
THE court, JAMES BRADY, ESQ., counsel for accused
presented an affidavit signed by Ahern in which he ALE
ges that VIM. II. Robinson, Of Guayana South America,
material witness in his behalf and therefore desired
postponement of the trial until he could either procure
the attendance of witness, or obtain his testimony by
commission.
The DISTRICT ATTORNEY objected, ana the Court de-
cided that the application denied, the de PENDANT
had had tcicnt obtain all evidence desired he
having BEEN indicted in November last.
The Clerk then proceeded to empanne jury, fol-
lows:
Jabez Brown was called, and stated that he had ex.
pressed opinion the guilt OF accusedset aside
Eugene Brown has not expressed any opinion, and
sworn-l
Daniel Riley had formed no opinion, and sworn-2
Samuel j. Tobias had read the account but had formed
no opnion-sworn-3
Albert Gilbert had read and henrd OF the prosecution
but expressed no opinon-sworn-4.
Peter Gelsey had net read or heard of the charge
Bernard Smith had read Of the charge but had not
pressed an opnion-sworn-6
Thomas G Waters had formed no opinion -.worn-7
pressed no opiniou-sworn-8.
Henry Keyser had heard Of the but expressed
opnion-Sworn-9
Charles Curtis had read ard heard of the prosecution,
but formed no opinion-sworn 10
John Fowler hal formed no opinion-swom-ll
Frederick A. Gay had read the statements in the news
papers, and he afraid it had left unfavorabe i'm
preston on his mind against accused-set aside.
Peter Bogert had read the account, but could not say
that he had formed an opinion-sworn-l2.
The Jury having been empannelled and sworn, the
District Attorney opened the for the prossc and
stated the accused was indicted for embezzement under
"Artice oth section SELF any cl, rk of any
private OF any c0parnership Except appren
tices and persons within the age OF eighteen years or
officer, agent clerk servant of any incorporated
company, shall embezze or convert to his own use
take, make way WITH secree with intent to bezzle
or to convert to mis- own without the assent OF his
master employ any money goods rights in action
other valuable security effects whatever belonging
to any other person which shall have come into his pos-
session. under his by virtue of such employ
or office, he SHALL upon conviction be punished fer feo
nously stealing propert, of the value of the articles
embezzled taken secreted the value of any
omoney payable and due upon any right in action SO
| bezzled y
The DISTRICT ATTORNEY alleged that the accused
indicted Tor em6ezzng the moneys charged as the clerk
ahu SCI ant OF Sdmnes " wins, men CLERK Oh me Com
mon Council which facts would be fully proved before
| the jury -a
A stipulation that had been previously proposed by
the defence, then agreed by the counsel The
effect of this that evidence should be introduced
the part Of the prosecution relating to alleged deiaca
tons or embezzlement of moneys paid the accused for
other vessels than the barquss Isabella Johan George
The prosecution conducted by the District Ator
then called
SAMUEL J. Willis. who was sworn-This witness
stated that he clerk of the Common Council from
June 1910, May lsaa and that being the previous ha
bit to allow the Mayors clerk the Communication
monies paid into the Mayors office, he allowed Mr..
Ahern to continue to receive the money during the whole
term OF his clerkshp. That the first day of every
month Mr. Ahern was in the practice of making
to witness of the number of the the
vessel and the rate of Communication which delivered
to the Comptroller The funds we're paid witness who
hen handed it over to the City Chamberlain.
IA paper was here handed witness containing the
turns OF passengers received in November, s4 which
was in the hand writing Of the accused
WrNEss-The amount paid to that month for COM
| mutation was S44l, and for license fees S42.
A return for the moRth OF December here handed
which contained for Communication fees $305 May
| orally fees $780,
wirrKs-There is no return in the month OF Novem
Der for the barque Isabella for the month of Decem
Der for the Johan George No moneys were paid by Mr.
Ahern to me for these vessels.
1.-TWO receipts were here shown witness for the
of moneys paid Ahern for and may oray
fees for the above named vessels The first was dated
second dated Dec 90 ls4 for the baque Johan George
for $67 25
wlrrEs'-Thsse receipts in the hand writing of
Cross examined by Mr.. BaADYI have no other know.
ledge of Mr.. Aherni making these Mr. Bolton
the previous clerk except in seeing him deliver the
turns.
| Q-Dd you ever employ Mr.. Ahern to receive these
moneysi
| Al have no such recollection.
| Q-Dd you ever promise him, did he receive any
compensation from you for the reception of these mo.
| Al did not
Q-whose moneys are these7
| A-Thcy belong to the Corporation OF the city.
BY WHIrISG.-The only conversation that passed be-
| tween Mr. Ahern and myself when called upon
him on the first Of the month"; sfter appointed clerk
Of the Common Council, to obtain the Communication
MES do not distinctly recoec the ecise time, but
when went in, Mr. Ahern told me that he in the ha.
lit Of paying Mr. Bolton the former clerk the fst of
each month, and said that he presumed that I would
afterwards on the first day Of each month, he would
hiring them himself sometimesI would 60 for them, and
sometimes
to about compensation for such service John
Ahern was then mayors clerk.
ELRicK PLUME called and II am clerk for Oel
riosh and Kruger; went to the mayors office with the
returns Of the barque Isabella and Joban George, here
presented paid the communication money John Ahern,
and took his receipts for the money-these the re-
cepts.
Crossexamined.-I know paid the communication mo-
ney these returns as paid all the Communication
MICS of the firm recollect this circumstance from the
fact that Mr. Ahern put these figures the back OF this
return for the Isabella at the time paid him.
Q-Have you any recollection OF pay ing those sums |
that paper from your usual practice in paying the
Communication money, or from other causes
A-From my usual practice and the reasons stated
QHave you any recollection Of ing these particu
lar amounts TO Mr.. Ahern7
Ayes, have.
Q-Do you know that the check you gave one the
time to Mr. Ahern in payment for the Communication mo-
A-No, do mott other person during that time paid
any Communication money for our firm.
Odd hand these checks to any other person
than Mr.. Ahernl
Al think did once to Mr. Ward, who said he would
receipt.
Q-How do you know that tina. WI" not the vessel
here alluded tot
lect that paid any communication money to Mr. Ro-
binson during those two yests and a half
THOMAS BoLroS called and sworn-I was clerk Of the
Common Council from Nov. 1896 to June 4th, 1919 I |
succeeds General Norton who is dead; during thst
of the time Mr. Ahern receive ed the atom
money Soon after went into the office OF Clerk OF the
Common Council Mr. Ahern called upon me- and offered
to pay me sl,isa, partly for communication money and
partly for Mayoralty fees. told Mr. Ahern that
have detailed statement corresponding with the moneys
paid which he afterwards gave me, and then received
the money and paid to the City Chamberlain; he then
stated that he had been in the habit OF ing the
way to General Morton. He generally paid me monthly.
several receipts here shown witness which he
stated were in the handwriting OF the accused. |
Mr. BaADv objected to their reception, on the ground
that the stipulation betw the counsel at the opening
Of the such that evidence 10 be intro
duced except such related to the two vessels aeove
named :
Mr. wHIrrre stated that their only object was to show
that the accused by his acts, had admitted that ne
was In the practise Of receiving these moneys Clerk
or servant OF the Clerk ofthe Common Council