The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1845-12-20
Trial OF G. j. DicNuity.

Mr. B. b. FRRscH, cslled.-Wss appointed Clerk of
the House OF Representatives think, the 18th janus
ry, as Previous to that had been chief clerk III the
Clerks office; was present when Mr. McNuly's report
laid the table OF the House, my impression
is that MIR McNuty brought into the House him
self and laid on the Speakers table, and said he did
rot desire 90 the printer until he had certain
sateme appended mbraced in
the report Report will show; II made out by Mr.
Kershsw, the accounting clerk Of Mr. McNuiy Here
followed questioning of witness by MI Fendail
the point whether this report similar to other annual
reports Of the Houseof Representatives of the
United States TO which Mr. Stanton objected irreie-
\ want WrSsss.-l am not positive that Mr..
McNuly lay his report on the Speakers table but such
Mr. FESpALL mere desired TO read to witness his testi
nony, as the learned prosecutor had taken down. 10
see how far il was correctly re- corded
Mr.. STANTON, for the defence objected most srenu.
ousy 10 this course II was unusual and unfair toward
the deisntant. fSome sharp words interchanged
between Mr. stanton and the court, in which MIR Car
Isle sustained his associate Finally il agreed that
witness should repeat his testimony which he did. j
Does not recollect that Mr. McNuty said wished 10
examine the report before il the printer; wit.
did say frs, that he had stated that Mr. Me ulty
wished TO examine the report witness said II SO mad.
yerdeny that he would now b. willing 10 swear no had
not said so. All OF which only goes, said witness TO
show the ialibility OF human testimony.
CrnsstTGgiiaed by Mr.. SrANroN.--Mr. McNulty had
number OF clerks 10 assist him; Mr. Kershaw the
principal clerk in making out the report he keeper
person, in whom he has confidence Tor this of.
nee; Mr.. Willard deputy, assisted Mr. Ker.
shaw under Mr. Franklin, ard Mr. Clarke the clerk
OF The contingent fund allowed TO draw the funds of
the House in his own name. MI Garland introduced
another practice OF signing all requistions him
Either myself or Mir Kershsw the acquisitions
BY notice of Mr.. MNuty and he signed them in all in
stances. trust TO my confidential clerk in the matter
OF the monthly acquisitions for pay of messengers sc
without asking questions did Mr. Nulty; il would
be impossible TO. clerk during the session.
nue personally all the money transactions OF the office;
saw Mr.. Nuly examining his report one day in his
once-turning over the leaves reports sometimes
iald before Congress incomplete and completed after
words.
BY Mr. FrsD.LL.-Al regular checks monthly, by
order OF House OF course, read them and sign
them, trusting 10 the fidelity OF my clerk that they
correct Disbursements fo articles required by House
~ me- or arucles required ms furnishing me nail
take the certificate OF the door keepers in purchases OF
stonery first advertise requiredby law the salary
iund and the contingent fund distinct funds this
report was not printed until after Mr. MNulty went out
OF orice-not until some time afterwards.
Mr. FENDALl.-Will you state why it not printed
MIR. SrASTosHe has stated already twenty times the
reason but have objection TO his repeating it again
WIrSEss.-t was kept back for the sateme ant that had
yet TO be appended to make it complete.
Mr.. BrsroR recalled.
At this juncture the jury retired awhile.
On their return, MIR. FRENCH recalled by Mr..
confidential clerk alone, has the capaci
y 70 make ou the annual report OF the contingent 1t is
his special duty 10 do so think it time in
January that N.Y. kershaw the contingent clerk, went
10 Ono he told me so, and that he going there TO
give Mr Deiano notice that Mr. M'Nulty would con.
test his seat in the House
Ar CARLISLE here said that such notice required
within thirty days, OF certificate to the other person.
which was TO show that it probably in December
4 that Mr. Kershaw LETT for Ohio
BY Mr. FEsDALl- By distribution Of duties among his
subordnates the clerks contingent clerk has his duties
denned as all others tut the clerk is alone the respon
sible officer 10 the House
Mr. BEsroR recalled Evidences ofcertain checks pro.
duced Mr. stanton desired the checks. Witness said
he would look Tor them today All that RENTED to
New York, (per the clerk OF the House SIS 600,
the aggregate Of three checks two Of ten and of
I'VE; VIII bring them up if can get Them have sur
rendered almost all the checks that parcula time
no other public funds kept in the bank, except
those Of the contingent fund of the Houses did not
get cent Tor taxing care OF did out pure charity
was Kept with the other funds of the bank, subject 10
oe drawn at any time; written obligation all the OBJ
LEGATION was the honorary and legal obligation in
OF deposits; just the same as in other cases.
Mr.. CHARLES SUDAN recalled Saw Mr. M'Nulty in
our counting room in the month of November 1884, and
stated that IN few days he would send ten thousand
dollars Same as yesterday-iury all heard it.
ter from the accused requesting transfer from Bank Of
America by sage, Suydam ( Co in favor OF Z. G.
woodward OF the $4,000 OF the Indictment which was
That was the letter; knew the endorsement Of wit
nesses's clerk.-(No date 20 Lottery
Mr.. STANTON closly examined witness as 10 his
knowledge OF the letter. whether he got from the post
once or saw on the day OF receipt; knew exactly
me time be first saw IT, &C. TO all OF which, the
OF witness We're OF given to the best Of his reco
lection Mr. Fendall, pursuing his inquiries the other
mana e. y the particular disposition OF the funds I'D
vanced to woodward how advanced, sc, was net by
NJ stanton with vigorous resistance, holding Nc
Nuty pnshle for the acts OF other The trial
OF MNuy wa, for embezzement; his action in the pre-
mses ceased with his final disposition the moneys.
was goi beyond tho sphere of the indictment TO pur-
sue the inquiry the pay ment according to order
OF Nuty Mr.. Fendall contended that all the
taiabe as 70 the disposition Of the moneys in que ito
ana the maj purposes to which they applied were
legitimate. Mr.. Carlisle sustained his associate Mr.
stanton, with great force the point being submitted to
the Court,
The Court decided that the prosecutor was right in
,ne course ne was pursung that was competent TO
quire how the money applied to Woodward's credit
10 the fair understanding Of the
MT CARLISLE said he should enter bill of exceptions
Mr. SUDAN ated that wnen they received the $40 0oC
from the bank favor of Dr. WOODWARD they consde
II bis money, and subject TO his order.
The discussion between the counsel, and the defn
tons OF the Court, were resumed upon the question
the disposition OF the moneys of woodward The
Court as understood OF opinion that il proper
70 Know how the moneys were paid out to Woodward
Whetner en- masse or in parcels in order to know how
and when the moneys finally disposed under the
instructions Of the accused. Suydam Sage & Co were
agents Of the accused and such he responsible
for them.
Nh STANTON, with renewed energy, contended that
the evidence stopped with transfer of the money
woodward and that evidence showing disposition
oithe funds by Woodwar1 admissible the lie gal
agency oil the accused stopping with his instructions to
Mr. FrSDALL maintained that all the facts and all the
circumstances in this transac required
cessary and egiimaethe manner othe payment Of the
moneys TO woodward, we'll the fact of the
tons Why was this money put to the cred of Wood
ment Of the debts OF the accused What the question
10 be decided sir Upon that issue the court and the
Jury have to decide.
THE jury retired to eat something
The counsel for the defence desired counsel for the
prosecution to state his point to the Court.
Mr.. FENpaLL desired to know the way in which the
money was applied to the credit OF Dr. Woodward. Mr.
stanton desired to have that put down.
Jury returned
The prosecution wanted to know in whs, way the in
structons Of Mr. McNulty executed.
Mr.. C.RLisLg coDtended that the moneys were
no longer subject TO the order under the cognzaDce
of the accused after they into possession Of Wood
ward.
Examination resumed by Mr.. FEgpALL-Nr. Suydan
stated that when they received this $40 900 they placed
Il to the credit OF Mr. WOODWARD and il his money
We paid some OF the money TO the order of Mr. Wood
ward that day. THE controversy resumed betwee
Mr. tendai and Ar stanton, upon what was the drift Of
the prosecutors who said he wanted to know what was
done with the money on that any other day. The
Court decided that the prosecutor had right know
Counsel for defence objected to it, the ground that the
prosecution cannot give in evidence any OF the acts sub
sequent 10 the credit OF this money said Woodward
good deal OF humor was excited upon the request
defendants counsel for the insertion OF the word sub
sequently IN the opinion of the Court that il should
read, 1.-THE prosecution had a right know what was
day. - ~
Upon this decision M Carlisle produced his bill Of ex