The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-04-23
The Alleged Onacial Corruption or the Late
Common Council.

Common Council.
The following Is the answer Of the Recorder TO com
INJUNCTION from the present Board Of Councilmen in
relation TO testimony taken before him respecting the
alleged corruption Of the late Common Council
To THE BOARD OF CoUNnINEN or Cry OF NEW YORK.
respectfully acknowledge the receipt of two resolu
tions passed by you on the 10th inst. OF them, in
eject requesting me to inform yoa what disposition
design to make OF the testimony taken by me in retion
TO certain abuses supposed to have had existence under
official SANCTION the other, in effect directing to fur
nsh to the of counsel employed in the nves
gaton carried on under my supervision and also the
amount Of money paid If for such services and by
whom or by what authority said counsel were employed
and said moneys paid.
These resolutions Ipresume have reference to the in
vestgation made before me in consequence of the
quest of former Grand Jury of this county connected
with their rreaenaon to the Court Of General Sessions
of alleged oca corruption and malversaton the part
Of various public officers the full investigation of which
they statcd they prevented from accomplishing
from which they mention.
They requested in open court and desired by nstruc
tons to tie District Attorney, that the investigation
should he continued before me- and the District Ator
. ney's letter directed my attention to their request
undertook the task; and the District Attorney ana
also Ogden Hoffman and James r. Whiting, Esqs.. as
sociae counsel employed by authority Of the Governor
Of the State attended before The investigation
commenced about March IS, 1853, and thereafter
continued from time to time, my other duties and
the difficulties and impediments incident to the proceed
ings, would allow.
The examination of necessity was extensive and pro.
tracted from the nature of the charges the variety of
the circumstances the number and position of the per-
which il comprehended. 1t therefore consumed
amount Of labor and time than ordinary and
became very lengthy.
Ny action in the proceedings being that Of a magis.
trate my design in the disposition of the testimony
could only be- and it yet only be- such conforma
BILE in such to duty designated by law. Where
the preliminary proof establishes probable that
offence has been committed the person accused ia brought
before me- and the further examna ton is then conduct
ed prescribed by the Revised Statutes and where
such examination and consideration the proof is found
sufficient he il held to and the papers deliver
Lar I'M ,riata Mir
the District Attorney and Grand Jury On this OCCASION
when requisite such of the testimony necessary
SO disposed of.
After the investigation, far as 1t has been had was
concluded the testimony and papers, the request of
the Governor, were submitted to him. He has the
under consideration for SUCH any action thereon
on bis part, as may be lawful and necessary.
by design in the further disposition Of the testimony
taken before depend upon such further
ments by additional proof and such further lawful ap
plications to me, as shall be presented.
lhave not considered myself justified in making known
these preliminary examinations further than far
lawfully drawn from Indeed do not deem it just
exercise of power without good for magistrates to
publish allow to be published prematurely such
amnations They are parte and their publication in
most cases may tend to produce unjust and rremedabe
injury.
II the person charged reflected upon by them is in
nocent the publication nfcts upop him unjust de-
graduation Of reputation and unjust affection guilty
it sure notice to him to 60 away where process cannot
reach him.
How far the involved in this investigation or any
of Them present good for the Executive of this
state TO take any action therein must be for the Cover
nor to determine.
The names Of the counsel employed in the investigation
have mentioned, and as have stated, they were EN-
ploycd by the authority of the Governor of tie State
do not know what if any money has been paid them
for their services, and for this information refer
you to the appropriate department.
From Of courtesy justly due to you, give you
the above information proper regard however, for
the Office which hold must excuse for respectfully
stating that cannot admit the right of the Board to
direct myself any other judicial magistrate to furnish
such information as is desired by the resolutions.
submit this communication, with great respect,
+. r. TlILOU, Recorder Of the city of New York.
April II. 1854.