The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-10-21

hen be Was appointed; knew First Asnstsn Captain
Jctn Bsnt; he 10 deco; n ade spphcasioa 10 Assr
told that he al applied for nonnscu bat fear
Cd be would bot re successfal ssked ~ my
y nusnse WIN - % r,rs S B Nv ~. e. on
frst un~ to nominate him, ~ there other
o,da,es; oHsr.dsr Barr slc6 to Domiaate Nr Bsut,
was subsequently, appointed; paid Mr. Barr the $780,
this ttns, was in the ssme year the appointment
OF smith; but sm not certain tai
snih to tie Office Of pDliceman, signed ~ Alderman
Kel, and the plaintiff re also read ths check which
wi'n.ss .egec lie had given TO Mr. Barr for smiths
Cross examined by mr. Brsdy-I was appointed cap
tain tain Of police, ] ,hist, en- the ls,h Of Nosemo-r
was never u appointed ceased TO TO captain
Of Ice by res aop; charges we're made against me
the Of them charged with ssnng recspss for
pol mems mopey and receiving the ND - Without
S.ror ss %
serted ha, ne matter should 20 before the Grand
JurJ Nj KiDgslapd was Mayor be rendered dectsoa
ard also consented that TIE matter should bsore ths
Gram Jury; Iesgn.d alter the g and Jury had dis
ssed the accusations sgsinst other argos
for .. the poc. in on current COM Sons sno.
tbst sry CHI sg-s II perjury we're brough. against mo-
Of the charges was that forged the OF police
officers; think this waso 1851 and 1852 tee nerviaws
/ had with Alderman Barr were about the Sd 81 July;
when made my statement before Recorder TilIou 10
leyeo b. have no. read 1t since the time
Do you say in your written statement before Re-
ccrdsr iiou .hat alexander 9. smth had agreed to
pay Mr. Barr $lcO for his appointment
obj cted 80 the ground that written statement
cannot be without put the document In evil
dence, Anc objection oyAr ruled.
wrness-I cont Iecoll. Ct whether stated aay sum;
ficm my recollection nov think the sum A G.
snih saIte TO paJ was between 500 and 500; hnos
thai offered Nj Barr 500; he wanted more; think
psid bins ?5
q Is that 81 you paid him for the appointment
A. think 50; believe Mr. Smith gave check for
Q lid Mr. Barr show you the letter Of which you
epolep, aud which received by Mr. Barr from
Individual Offering hun 5000 for 90 appcintmsntf
A Yes bad the ttte in my band, bat dad not sea
the sens ure the s2s pad IL sash was paid think,
before he check wss given the frst visit paid "a
Mt Barr hs was opposed to the nomination Of NJ mith
ipte es my elf abont him soil for fisx dship sake;
my tecena visit to slr. Bprr did not asx him the
nsne q the erson Who had offered m t~o hundred
dcIsIsi be snages cd that should talk with A. G
Smith, Hhich I'D, and then Jaw Mr. Barr agsio; Mr..
Barr said, ~ think that whatever to be paid
be psd at ones;' told him that Smith ready to do
don't rene naber telling Smith the amount he would
hsve'o 10y for his appointment believe told smith
that he roulc have to pay $3.50.
Before you gave tie checx TO Thomas j. Barr, had
Mr. Sm"h given you spy money to be sppr,prs.ed to
the purposes 0, his appoint neDty 3
a There WAS money Of Smiths In my possession for
the purpose Mr. smith tola pay the monsy and he
would max IT, up; ! made no epeciAl Go ost in the
b oaavsy Bark to meet tie check in question; re
check arc signed IL; don't know that much was said
about the balance but sio ready to make up the
OF Aldermen Bars stable 10 Frenhlin street, received
,he appointment, THINK the day before gave tho
CHECK; DO rot snow who wrote the name Of A. NJ G.
Q. Don't Gu know that the check al ed by the
person who filled up the concluding words In the
eppcintment?
A l don't know
Mr. &oy then road Witness statement taken before
the Recorder From this statement It appeared that
nj. Ind thpya hat a NTH hp 1T
pay $40 to MI Barr for the appointment ths Smith
gave SIS, and asked him to make up the balance and
that wress de osted tho money tn the Broadway Bank
to the payment other Inaccuracies also appeared
between wpess' evidence and his deposition before
Wi,res-I ssy that agreed to pay 500 for Bant
Of Try poclt Aldermen Barr fer his appointment;
dit ont Of friendship 20 Bant, sod paid It in cash;
Mr Bsnt ced in arspkn street. two years ago.
he dice sne rtly after bis appointment
Q Wien cid you fret communicate these transac-
a About The tine That Mr. Barr raa for AIDE, man
agai ms Kelly: don't think mentioned the circum-
ssIc TO any one till WAS asked ssont IT. think l.
may have mentored 1t t., Others; did not
cor.icer whether It vas Legally or mora y
side in Kts's ,avor against r at the elec ion
think rhe statement about Mc Barr was divnIged oy A.
IN asosn &C to me- and ;n,d psss
nduot OF members Of the Common C1uncil were
hrcrcnt before ths Grsnd Jury; was then on good
terms win Mr Barr; ceased be ,od terms with
A]de,n Barr in The fs Of 1851 end fr"m that tue
have hot ieen on very good tenn with him. thns his
spimosity relen,e1 towards until yesterday Icime
here egtinst M viii and ony 70 Gear my cha
rsetsr rhch has teeD 'ibeo hy the COUNSEL IN opsnrg
this csse know Mr.. owen Y. Brennan; he belongs to
the same ps,ty bslopg to; told Mr. Brennan that
would .pswer no qus+tions tn Court compslet
me- should nor 1--we tasen such paos to defend my
els..cter il Mr.. VII ard has, ut at act cd It
Re e,aminsd-T know thar molten hAo vss? mads
against ne for attachment; at my ovr instance
tool the advice II 81 hos far should be compelled
TO ~ fwer whfn Tut upop the stand
hr Mr. Rrohy hat Lars aid That UAu
Iced Lot aosTer every aues ion nut to you9
.. iwtpt to Mr. Grahsm's house, and could MT end
him; II said ! advisee viii lawyer, msant to say
Q ty his Hcnor--ii id you not say to me yesterday
that your wife was sick, and you had to remain away
A. Yes, but also went 20 take counsel's advice
Tohr Whitirg-Ibe cheek vas given at aldermen
Bayr's stable; don't know that any other person
o Was The check given on the same cay that you got
the appointment at rbe Mayors oficaS
A car lot state.
Alexander NJ C. smith was csllsd again. but did not
appear The sheriff returned to the writ Of attachment
that vi'r ess could hot b. found Ia his baihw
Aportw Warner, examined by Mr.. whitiog-Mr,
Barr exsmined before the Recorder late In Novem.
To Brady-I think Mr.. n bs, IVES the foreman Of
TIE Grand Jury III tebruary; he vas foreman of tho
Grsna Jury 70 ~hich vas referred the charges against
MENTORS q the Common Council.
RI bert W. ]ober examined by Mr.. wbiting-I reside
ut leo East eighteenth street; know homas J. Barr
slightly, and knew htn when Alderman Of the sixth
Had you aD, interview with him in rel.tion to tho
sale OF the city pror otty, AID If 80, whaH
Objected to by Mr. Brady, oE the ground Of irree-
vsDcy.
Mr. whitiDs-I propose to state what we intend to
prove in this case
Mr Bsdy-I suppose that the counsel has right to
state What be intends 20 by this witness THIS
gept man has rgh. to refer TO matters which have
no Iele vabcy 10 The pleadings in this care.
Mr. Ncyes-I confess never heard IL svated In court
Of justice that conn el should not be permitted
state wtst he propo % to prove by particular siness
Ills Eonor-lfe counsel can state In general terms
what Re p opposes to provs.
Nj, Whitipg-We offer 10 provo that the corporation
property In .ixttsLth street. that In
With witness Alderman Barr proposed that the Common
Couuci sagyd bur :, ono price in f.c give greater
that All erman Barr should take the difference
fos his
Bis Eonor-Ihis ought to have pie ,ded 10 the
sweI and not being there must be excluded on tho
evict
Mr. Eoyss-poes your honor exclude this evidence
when We oncr specifically in relation to the general
charge Of corup,iGn under our general cenisR
fis Hopcr-Yes.
Mr.. Brsdy-Has yonr hcDoy been informed what day
Mr.. A n e. ninth n sinh oe6e6Y