New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1845-07-14
The Case Of McNulty.
Correspondence OF The New.fork Iroune.
WASHINGTON, July II, 1874

After closed my letter yesterday, Mr.. Agrcs' an
officer Of the Bank Of America was called for the L..
5. He was required By Mr. Fendal to shew from
the books Of the Bank statement OF McNultys ac-
count But the Counsel for the Treasurer ooleciing'
the Court ruled out the motion for the production OF
the Bank Ledger. He was then asked to state the
account from memory, but this also being objected
TO- the Counsel for the United States withdrew the
testimony of this witness The ground OF these
objections was the improperly Of going into such evi-
dence totally irrelevant 10 the single point al Issue
which coniended 10 be nothing more than prisate
transaction. The argument IN ms poiht was an
and the Counsel for the defence acquitted himself ai'
mirably.
SECOND DAr-Charlss Drummer, Warrant Clerk In the
Treasury sworn-He filed his present Office since ISL
the duties Of which he described being confsed TO the
Civil and Diplomatic Expenditures of the Government
The Counsel .or the L. 8 then exhibited the requisitons
made by McNulty while Clerk Of the House Of Represen
,s,yes for the contingent expenses of that branch OF
Congress which verified by witness The warrants
drawn on these acquisitions le IN the Registers
Office Witness then read from memorandum the state
of the appropriations on his books from the beginning Of
the fiscal year lsi July l-43 at which time there was
a credit Of 1919 % TO the fund. We then went on 70
state the subsequently issued and monies paid
Al commencement % the I-cal year l-ff ui'if
was balance OF s02l9 ~ in favor of the fund IN the
sums credited during that year there was small Item
sll- 20 paid in by the Speaker so That II was proved
by that the monies appropriated 70 the contin
gent fund in the hands of the speaker and witness
stated this instance that was repaid to the conn
gent fund from members who have overdra"n their a.
otted Of stationery and had reimbursed tne eN
cess IAN amusing crO.s-examinafon here took place
for the purpose Of asccrtaining whether witness meant
that Mr. Speaker Jones any other person might pay
money 10 the Treasury for the Contingent Fund which
would be- credited that Fund without any SPECIFIC ap
propration by authority Of law, but the witness avoided
committing himself on this point Mr. 81 Clair Clarke,
formerly Clerk Of the House. drew out -21Oo IN sep
tember l-i3 In the month OF December IrfJ if
Clarke went out of Office, and IN April l''o ne mad
repayment Of email Witness cannot say whether
Clarke's accounts yet finally settled Inc whole
amount charged McNulty in the books Of the treasury
was s2Ol,i12 81 IN,
riotic Bank-had been since October l-JI. Mr. Nc
Nuy opened account in the Bank in December l-i5
coon after his appointment as CLERK. l'oulsei lof
trayerser suggested that IL would time 10 limit the
examination witness the single charge contained IN
this count of the Indictment Counsel for the L. : SAID
his object show that II was the practice OF NcNu
Is make transfers OF public funds from the fatroue
Bank the Bank Of America IN ORDER that on TINS c'
dence the Jury might be able 20 from their opinion
whether the $50 charged in the Indictment rs puonc
funds. az Counsel on the other SIDE tine prva'e
funds OF McNuy The counsel Tor the trsverser resi-.
Cd this course OF examination, which could not De re-
buited in any other way than by the production OF VIII
nesses his part, 10 explain every particular itsn
Tie regarded this unjust and oppressive Inc
Indictment charged specific offence. Was not the
duty Of the prosecution direct lis evidence TO the PROOF
of their charge without going into irrelevant testimony
lie denied the night of the prosecution 10 transcend he
the limit of the specific charge and .loquenty, ana nj
much length expatiaied on the injury which would p'
brought on his client by INDUCING in such Latitude OF
testimony lie invoked the court 10 restrict the evil
dence about TO be called by counsel on the other SIDE
10 the specific charge made in the Indictment Inc l.
: Attorney said that he dssenicd from the propositions
laid down hy his learned friend. but admitted tnat II
would be- a hardship the traverser 10 compel nun 10
meet and overcome mass of irrelevant testimony lie
would therefore after fall view OF the evidence having
compared the date AT which the draft wa gwen 70
Moody and the checks received at Washington
abandon this prosecution. The jury were thereuPon
di-charged-and the records OF the court stand hus
Jury sworn-witnesscs examined-U. :. Attorney
entered noe proseqpt under protest from the uaver'et
counsel also claims verdict Of acquiiia In iact the
Attorney for the L. :. originally gave his assent TO yer
dict of accquiiial. but aerw wards withdrew H.
1t was near 3 o'clock when the court resumed after
disposition Of the preceding case when the Attorney OF
the L. :. made postponement OF the remaining cases
for few days.
The counsel for the ,raverser objected to postpone.
rather preicrng continuance the SITUATION OF
the [. : ss TO It's witnesses &c required any delay
The Court indicated a strong desire that no delay
should take place. after much time had Already Deen
given and Considering that special session OF the Cour
had been called the purpose Of trying the cases ana
that Witnesses from distance were 10 attendance
and others were summoned II the United states "ere
prepared 20 20 he would continue the cases uh
the term
The remaining cases were therefore ordered 20 be con
inued until the regular session OF the Court
since the operation OF the new Post Office Law com
mcnced the number OF letters transmitted by 'he NAL mas
greatly increased The scales nave not yet been fur-
that they may be sen, By mail At the expense OF these
officers.