The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1845-12-21
Trial or c. j. NIeNulty.

! THAI OF Cs ~ M9NuttYs
| WASHING roS Dec. 10, 1915
| The Case IF ihs DATED States VS.. C. j. NJ Nuify-Mr
Z. yREs Of the Bank of America, New York. recall.
sdOn the 18th OF November, iSi4 MIR. McNulty called
at the bank 10 know what balance remaining his
credi. in the bank. We told him there balance OF
bank, 10 favor of Woodward for $4,000 from Patriotic
Bank, was laid over the 2lst
IA lapsus Of three four.hs Of hour took place in
waiting the arrival Of witnesses required Messengers
despatched for them
Mr. MOUSE from tho office of Mr. Gillett register Of
The treasury appeared with the official paper Of McNul
!s accounts with the treasury which he left in the
hands of the prosecution, and then lett himself
Another vacuum Of suspense. Mr. Stanton appealed
| foI the prosecution of the trial
..Msjor W B. RA>polPH oireasury department, reap.
peared Couldn't fad the original of the letter address,
ed by Treasurer Of the United states the accused
the sth February last, requiring him to render in his
| counts.
Mr. FEvpALL said no would proceed to give evidence
OF the letter by another official paper addre sed from the
make requisiton accused for settlement of his
| accounts. Objected TO Ruled out.
Hon ORviLLE HuSGERFoRp examined Il was one Of
the committee OF accounts in February, 1896 read the
ost standing rule the House prescribing the duty Of
this committee 10 be- to audit and superntend the expen
dtuies of the House, that is copy the report of the
clerk at last session. 1t was laid before the House by the
speaker. Journals OF committee produced Commit
tee met Dec H. 1915 on the subject OF House expenses
IAN lstn committee met and passed resolution requir
lag 90 Nuliy 70 meet the committee next morning,
mt next mornings accused was not present; committee
resolved to meet in the evening" and that Mr. M'Nuity
ne summoned to attend also that the excashier Of the
! Patriotic Bank be requested withhold further pay
ments account of contingent fund to said MNulty,
unless by assent OF the committee.
MI STANTON objected to admitting this latter entry
| testimony. Referred to Court who Iulcd it out
On the evening meeting Of the 10Th, M'Nulty not pre-
sent committee adjourned over to next days witness
proceeded to a statement in respect a upon
MNulty, not recorded III the journal.
| Mr. CARLISLE objected.
Mr. STATION sustained him, aud said in the course of
his remarks that he Il d notion OF distinct jour
nails OF the committee, in the ordinary OF
blank book and the other walking about the
two legs there counsel suggested that the locomotive
/ HungeTiOTd1 Witness
Counsel pursued his objections Court decided against
II. FkSDALL.-very well, sir Jury retired few
Termination resumed The next action of the com.
mttee on the 10th; committee agreed upon making
report on the management Of the cont gent fund to the
House: at the suggestion OF Mr. Potter the sure
ties OF Mr. MNulty the report agreed to be delayed
till Friday morning. the l1th; report made on Friday
cordingy Paper handed from MIR French to the pros
ecutor and sworn to as the original report OF the CON-
ntee BY witness
sworn.Stated that the letter from the Treasury De-
partment to MIR. MNulty, Of Feb sth, 1915, asking him
looked all round for it could tell how il be
lost; rarely lost papers in the Department.
Mr. FENDALr then said he should further strengthen
byandoy this secondary evidence as equivalent to the
absent original paper
Mr. HuNcgRroap recalled.-direct examination re.
! snmed-Report Of committee read from which 1t up.
that on tho accession Of accused to the office Of
Clerk o;he House the aggregate moneys of the contn,
From which expenditures had been made upto
u.
Leaving balance Of .... 500 coo
/ Which had been dra from the Treasury
by acquisitions from the Clerk of the
House. There was, however, balance
to his credit in the Patriot bank, OF. 1890
Allowed tor current expenses. 2,500-l 900
Leaving deficit Of. .......... Sll500
4 OF which there would be secured by bonds OF
tue tleik S2OOO0
Leaving deficiency of. ......... $4,000
For which the House were left to other security
than the personal responsibility Of the accused II also
apes red that during the of ~ transfers of
neys, by authority OF the Clerk OF $50 900 T. Wood
ward OF Ohio, to Levi D. Slamm. 81 900 the Savings
Clerk by stubborn refusal" had failed to meet the
committee to account for these transactions.
Mt FEspALL proceeded TO read the resolutions recon-
Mr. stanton obeceds but dissened to the opinion OF
the court, who admitted the reading Resolutions read
the FIRST dismssing the clerk the second requiring
the Secretary THE Treasury to institute legal proceed
ngs for the Of the funds missing the third,
horising the President TO institute criminal prosecu-
agans. the accused for embezzemsnt Of the public
revenue. Objections by Mr. Stanton filed against this
the House, on the nth January, Mr. McNulty came in.
Report Of Congressional Globe of proceedings in the
House Of 18th and 18th January, admitted evidence.
Mr. FgspALL read from these reports the remarks of
slr McNuy made before the House the 18th Janua-
y alter is appearance on awarTant from the Speaker
in which remarks the accused protested his innocence OF
any NAL administration Of single dollar OF the public
bis to the absence Of accounting clerk Mr.
kershaw Accused also stated had received but
/ notice from the committee attend them. and that
was after the hour appointed BY committee for the
/ ing.
Sir. srAsrOv : Read that little louder, Mr. Fendall.
Mr. trsDaLL rehearsed the evidence. Mr.. +. also
peated that portion OF Mr.. MNulty reported remarks
in wncA he stated ne would DO ready account before
the committee next morning at 10 o'clock.
litigation here cnsued between the opposing coun-
sci upon the admsiblity Of declaration witness that
tho committee met the 18th January there being no
record Of such meeting in the journal Of the committee
nor OF eny earlier meeting aft the I7th until tho 23d
January.
Counsel for the accused maintained that the decision
., the court combining the evdene Of the proceedings,
@ comitee) oil tue committee OF accounts to their jour
nal must her. apply. The Court SO ruled.
Mr.. FrspALl wished to show that from the mode of
keeping The journal, meeting on the 10 was omitted
and that that the meeting at which the accused had
promised 10 be present and did appear settle his
scconns as he nas declared the preceding day before
toe House. he could do.
N The Coukr insisted conhnBg the evidence OF the
proceedings OF the committee TO their journal
Mr. FEspALL proceeded to rend the committees Jour.
nal y the 23d-fve days after the dsmison the Clerk
the prisoner now arragned before this bar.
4. Mr.. STATION objected.
air FEspALL replied.
NJ CARLISLE responded at length. tedious techni-
col discussion.
THE Cousr decided to the admission of the records dis
Journal OF the committee read Of meetings Of the
committee on the 23d, Gath, and 25th.
4 Mr. HuSoERFoRp recalled of the vouchers for the
clerks report Of the expenditures from the contingent
OF SOL 900 had been examined when we made our re-
port, as IRON Committee Of Accounts we presumed the
S no e the om sa we
ABOUT sso we considered him equtaby entitled
10 thee accounts the act Of the 26h OF August 1892
requires the clerk to advertise in the public for
proposals. Tor articles for the Of the House. which
was 20 done, and We did not allow him accordingly
my reeecton is, that allowing all he claimed there
was Dhciency, Ia round nusibers, OF $4,000 deduct
Tug Qe$laO00 IN the Patriotic Bank the report sho VS.
ce4cit Of $40 600, but considered HIM eouitablv
entitled to about $4,000 the law requires him to
advsIyise for purchases, which he had not DONE and
tner3ors under the law, we wero not authorized to
allow him for them but, squaby, we considered him
entitled to allowance for these purchases
Inc ned states offered TO prove by MIR H. that Mr.
o. 0ffor IN Nc
NuIy 70 endeavor to have resolution passed by the
House, authorisng the committee allow him for these
sccounts Nh. Fenda then began to question witness
upon certain preliminary investigations Of accused be.
,oe tne magistrates, in February last Objected to- and