New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-10-23

J
Cross- ESsmued by Mr.. Blsdy-My knowledge OF
him was gained principally in the relation Of counsel
70 client have been brought IN contact profession
ally with some OF bis associates, at the Carlton
House frequently while be was employed there
Re Examination by Mr.. Whitng-I should IN.
doub,ecly believe him in regard TO a fact where he
could not be mistaken.
Morgan Morgan-was formerly alderman Of the
Seventh Ward. The recommend ion of Smith 10
The President of the New Haven and Harlem Rail-
rood was handed him, and he recognizing his sigma
turel would believe Mr. Smith oath.
Cross Exarination by Mr.. Brady-I did not move
in his circle of society; not acquainted with his
associates. - , -.
three wears outside OF the confidential relation have
never known blm.
on both sides with the exception OF Mr.. Smith.
Al This iupcture considerable sensation was excited
nv the appearance of Mr.. Smith.
Alexander NJ. &. SDlth.By hs honor-l was
served with subpoena the 18th; II was returnaole
ON the 18th; came down but was so very unweu thar
left; went TO my place of business ana then no
Yesterday came between and O'clock told tne
young man who subpenaei me thar wouid DC 81 my
Office or in the Superior Court. and from what SAID
10 him expected 10 be sent fer when wanted; dd
rot know particularly for what purpose my testimony
required; did not leave my house unih ai'er II
ct noon to-day took my breakfast little before lSi
was not up until them had the rheumatism IN my
neck and shoulders; said TO the serya ant particularly
that should want breakfast; should go away
very early in the mornings did not go because was
sick; my wife brought up the paper and when read
the account of the trial came down Immediately.
His Honor-lou may go on with the examination,
Examination of A. NJ C. Smith by Mr.. Whiting-I
reside at 1873 West Ihirteenth-st. / am connected
with an express office; | was a Police Officer some
FIVE or six years; one of my appointments expired IN
June, 1880; Aid Barr told me that he would not re-
nominate me. / think had two interviews with him
unon the suheck on the second he told me that he
had promised that place to Henry b. Sweeny, aud
that il | would get letter from him he would nom-
nate me: be said he had promised It to some friend
Of Mr.. Sweeny; told Capt. Smith would give more
10 AID Bars fall election than any other man.
Mr. Brady objected to any conversation which oc-
cured between A. NJ Z. Smith and Geo. j. Smith,
not in the presence of Aid. Barr, "a irrelevant.
His Honor ruled that any communication made by
A. NJ G.. Smith TO Geo. j. Smith, and aterward con-
municated TO Aid. Barr, would be admissible so far
as it would go coiroborste the testimony OF GeoJ
Smith.
Mr.. Brady-Here is the objection. This gentleman s
called so corroborate Geo j. Smith and il is proposed
to corrobcrate Geo. J. Smith by proving that he told
truly what somebody else said to him. THIS Is no cor
roboraon at all that bears upon any portion oil the
crimnality of Mr.. Barr. II would be very easy for
Geo. j. Smith, or any other man, TO make money by
pretending that be could it inuentally, aud then
fabricatng the statement
Smith to Geo. j. Smith, with a request that they
should be communicated to Mr. Barr are admissible
A. NJ. c. SMITH had no conversation with Mr..
Barr about money al all.
o. Did MT he tell YOU at the time of your inter-
view that there were good many applicants in the
case
Mr. Brady objected TO the question as leading.
Mr. Whitney-It is very clear that we have han
GREAT difficulty in getting this witness into court.
When the Court has knowledge OF this think tue
Court has power authorize the party to put leading
questions. ,.
unwilling witness. / have submitted him to an ex-
animation. If that examination had not been satis-
factory should have had an action brought against
him.
story from beginning to end than not; very near the
time that my appointment expired | called on Mr..
Barr and asked him if he would be good enough 10
reappoint me; he said no, there we're great many
of his friends TO whom he owed more than to me-
unde rstood him TO say that went for the other party;
said very well; after this had some conversation
with Capt. Smith and told him what had occurred;
shortly after the Captain told me- think can bring
il about; said l. | will give as much If not more
thBn any other toward his election, ana also my
assistance we parted then; some time after that ne
came back to me and told me that il would give hun
500 he would carry il out il passed along; said
woud do il; | dou't know how coon after, whether
that day or not | gave a check Of So; some little
time after he called on me again was drawing
check for s25 more, and he said, make It 500 l
did So and about the first / knew alter that, Snith
brought me a paper signed by the Aldermen; prevl
GUS however TO that time Smith said had better see
Sweeny; | called on Mr.. Sweeny and ne SAID he
would withdraw his claim; Capt. Smith told me that
he would be obliged TO give 500 for the nomination;
| gave him s75 some weeks before | received the
nomination; can't tell the time he did net tell me
| the reason why was to make II $50 he had 10 get
another Alderman; did not ask any questionsi was
opposed TO Alderman Kelley, too, ia politics. 1t was
the goth June that my time expiredi paid the $50
after made the first payment and before received
the nomination; the next election was TO come on IN
November; no nominations were then made 1t was
said that Barr going to again for Assistant
Alderman; il was in the year 1880 we went to the
Mayors office together. The check was shown to
witness The signature is smith hand writing L
don tknow the hand writing of the hulng up.
Cross-examination by Mr. Brady-I think that my
propC sition TO give much money as any one toward
The election of Mr. Barr was the first thing that had
been said in the conversation between US about
money; do Ut recoect that Smith had said anything
about money before that; l wanted him TO see Barr
and have talk with him; there was nothing said
about sl25; he asked me to make the check $50 the
bargain was that was TO give slOO toward Barr
fall election between me and Barr NOT "ord passed
about money; the $50 given, think, the day OF
the appointment.
fly"
| Make ii fifty" knew that he had had good deal
of trouble running around trying to get Kelly right
he said so; think he did not say 80 at the time that
] he asked me 10 make the check htyi we had good
many conversations; probably every evening some
thing was said about it, he never asked me for any
more; when | went 10 see Sweeny, he gave me
letter to Barr. The nomination was shewn to wit
ness / can't say in whose handwriting that is
filed up; did not see it-certanly not until after
| Bars name on; | told Mr. Sweeny that mere
was good deal of effort on the pert OF some PEG
| pie TO get me out and was determined not 10 De
beat Immediately on this representation Mr.. Sweeny
gave me the letter it the very day on wnlcn ne
appointment was made, the day before l was , ea'
aInine6 before Recorder Tillou on the sIn to'
| Mr.. Brady proposed to show that In the tau pre-
ceding Smith applicant for e.n se for
| house; that Barr would not grant II; tnat Smle1
threatened to disclose bis having psd tne 80 and