The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1845-12-22
MACHlAyELl.
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Trial OF e.. a. Nutsy.

The Case Of the United Steiss VS. c J. NJ Nuly.-Wi
nesses for prosecution continued in their examination
MAJOR W. b. kANpoIFH, OF the treasury department,
ecalledThe prosecution wished to know of witness,
whether under orders from the government the Patro
tic Bank was not in October si4, depository OF the
public moneys.
Counsel for traverser objected Testimony ruled out.
The Court decided that the Patriotic Bank an
especial depository by Law in ls,4, it could not have
been required OF accused 10 make said bank espe
funds from said bank. unless in violation Of law,
consistent with the authority OF the clerk The test
m9ny ~a,, therefore; nusnsty. Witness relieved
60 OF February last, extract from proceedings Of
the lsth beng Mr. Tsyiors reported remarks relative
70 meeting OF the committee of accounts that
ing at which accused had failed to appear ccoidlug
psomise OF preceding day but had sent his accounting
clerk, Mr.. ksrsaaw, 20 answer in his behalf NJ.
Mr.. STANTON Objected not competent wi.
dence-the reported statement OF Mr. Taylor The
cused that time had the power Of correcting any
Interpretations OF Mr. Taylor The mouth OF the pr.
,one was clossd--his lips sealed-his hands tied ana
the sergeant at arms had him BY the throat After dis.
cussion between contending counsel
The CouRr ruled out the reported remarks Of MIR Tay
ar statements OF members of Congress the floor Of
the House were not Individually competent evidence be-
fore jury
Prosecution read from journal of committee. minutes
Sa5 10 wit the os,h, aoth and 3lst Sd February 9Th
eth 18TH inclusive. The object OF the prosec uon was
TO show the frequent opportunities afforded accused
for accounting before the committee accounts for the
asceriained deficit in the contingent fund.- charged
against him.
This sort of testimony contested by connsela for
defence hui finally conceded the defence being under
stood as possessing he tight of using thing
nutes presented which might 10 the advantage of
the raverser.
Mr.. b Fnsscn Clerk House of Representatives of
the United States, recsed- don't recollect how long
Mr. McNulty remained here aer he dismissed; saw
him good many times afterwards; can't iecoect
whether here after the adjournment OF Congress:
know he was here in june the committee OF accounts
was dissolved on the adjournment OF ongress; the
miree Of accounts have not met y et this wear
Mr. SrANroS objected TO this evidence, and the Court
ruled il out.
Mr. GoopAnp, Generaiisimo of the Auxiliary Guard
M hO,r Mr. Man, al, ha,e
alter the sth teeruary on the i2h of February gave
in his BALL think saw him GO the some ten
days afterwards, bu, don't distinctly recollect.
Nh srArros.-Let US get along. Cali your next We
have some witnesses here from Ohio We would like
10 get through.
rFEspALL stated that he had got through with all the
witnesses tor the government expect the missing
draft from the Bank OF America which shall offer when
i shai have cen received.
MIR STANTON objected TO this sort OF proceeding.
The CoURr ruled that the prosecution go TO the
end Of his ether at olce He should conne him after the
examination Of his witnesses TO rebuttipg testimony.
NlINEssEg
J. MILLARp called, examined by Mr.. STANTON
Had been summoned by prosecutonsas witness;
hrs mes aud at the session of I!-5 clerk in
the clerks office OF the Honse Mr. kershaw and myself
male OUT the report OF contingent expenses have alb
sract OF them, which kept in my hand writing;
the amount OF Expenditures under AIr Men ultys admin
ssatiou by the entries Though are entered) was
sls5,Oos ~. About $3.50 OF this amount paid by
NJ. French; Mir Hersnaw under MIR McNulty had
Charge OF the contingent fund; the clerk signed the
checks Mr. kershaW had charge OF the vouchers; have
had tie vouchers OF tae $4,000 in NV own hands had
them alter the 18Th oil January and OF those oil his report
CT SlI2Oo0 | have not known OF expenditures being
made withouttte vouchers NJ. McNulty gave all
puslon and account to them for Contingent expenses
Mr. McNui,y requested his agent accused said
ne wouldn't go before the committee.
Mr. STANTON asked witness If there not
pleasant personal fell gs among the committee agains.
the accused Didut Mr. McNulty say SO! Ruled
WirNEssI delivered up the vouchers to Mr.. HicNul.
~ court could not take the personal declarations OF
accused as testimony in MS behalf usual put his
decision in writing had the vouchers before the Doth
OF January know hershaw had them before tAey
were banded 10 me Kersaaw told tAcNuty he would
not 20 before the committee, and after that they
placed in my hands | went before toe committee
presented toe accouas-they audited a portion, and
suspended large portions have the amount suspended
and re ected at sl 935 &C.. For instance there one
account OF 81, which the committee cut down to S.
Mr. SrASToN-( Sofa roce) that's big business at S.
per day Well, what was that account!
WiTsEss-lt was an account for Anne Royals Hun
MIR. srasros-And for that paper for the use OF the
House, you say the clerk had bill against him OF
some 81, which the committee cut down to S27
WtTN.ss-Yes, sir there snuff bought
debate here fol owed the propriety going into
these small minu,im. Defence allowed TO proceedi
II Mr.. srAsroN-Mr Willard, there not an account
for snuff for the Speaker rejected
WrTNgss-Yes, sir that bill Of 81 So which
was rejected IL a bill paid for snuff certain sta
tionery accounts suspended because not advertised
ives present at every meeting of the committee, from
the dlsmssion OF Mr. McNuy down TO the 3rd of March,
the last day of the last session part of the accounts
were Mr. Frenchs, DOM think had the whole OF the
$4,000 before the committee bills for S2l25 and
OIL and can lies $1,000 a. think ME- Hungerford was
correct about The OF $4,000 suspended the ac
counts before him think Mr.. tcNulty present
before the committee the 2ls, OF January a long
session, and q good many accounts were allowed:
alter Mr. McNuity's discharge the House met
carrier IN the morning believe IL az instead
twelve IN the morning but the committee had evening
meetings alter that sometimes the committee could not
be got together. The examination was continued at
length upon this point
C'o,,sranained-The stationery was required to be
advertised By Law of AZ the snuff for of
the House; the Hant,es for the use OF the office
certain papers were allowed this rejected and cut
down by the committee; can't tell, but have some of
the items the amount Of stationery accounts suspended
MI McNulty was present all of one sitting think i,
accounts knew more about them than MIR. McNuty
did some OF the laid aside for further
examination. and the committee advised Mr. McNuty to
get an order from the Honse, and that the committee
would wait for it,
MIR FEsDALL desired to know the value of the parcb
men the bill OF which was S2l35 and which was dis.
allowed The Court refused the evidence.
Direct e1aminGf,on-Mr McNulty reduced the news
paper account but don't krow how much BESIDES the
Aunusss there were some copies Of the Psbefan that
were dissliowed, and perhaps some other papers
Jury retired Mr.. Stanton desired suniry witnesses
or defence to be Summoned, aud twenty names were
called Absentees sent for
MI LEONARD, sworn am resident OF Knox county,
ONO have been Tor twenty live years should think
hat he was sale depository for twenty, thy forty
thousand dollars.
eros, Er0mined-I shoud think tina. he was in the
habit OF receiving money Tor don't know; am Of
opinion ne vas N the habit OF taking loans
ana Tor thus reason-in the first place bank
Mount Vernon-and have good number of wealthy
merchants large country town; of our me
chants are 10 the habit of purchasing produce are
not those that the Of making deposites
70 those that are not, and paid East man for in
stance, purchases $4,000 worth OF ,obacce, and he
has no money to pay for III he is In habit Of going
20 nose who do not deal in this way, and Deposit
ipk atait upon the East for the amount required;
Kew nothing about the deposite OF Mr. MNulty don't
snow that he was IN Mount Yernonat that not
we've enough acquainted with MIR Woodward 10 know
~eher ne was worth ten or fifteen twenty thousand
doliars but should have il safe TO have
trusted $4,000 IN his hands considered him as good a.
the bank; II wanted to the money in twenty Ave
or thirty days should have kept 1t myself mir Fan
dali ssked witness II he had Eastern funds II he would
both counsel for defence and argued bslore Inc Court
Dsaliowed] Don't know whether the money deposited
With Mr. WOODWARD went 70 the Of the House III
Representatives. =
THOMAS WisSEY sworn reside In Mount yarnon
ONO, hava been engaged in the Auditors Office for The
last three or four years. acquainted with Dr. Wood
ward should consider him safe depository for thirty
or forty thousand dollars
BY Mr. FENDALL.-Mr Woodward is reportei 10 be
worth N thirty fartu thaaaana