New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-10-21
Id " INTELLIGENCE
ACTION FOR ALLEGED ISLANDER AT A PO-
LITICAL MEETING.

To re Aoyer damages Tor aieSed slander, In saying
nlain,ia was ore Of the most corrupt members Of the
Common Council, ard had taken money for Police
nominations. sc, already referred to. The case was
continued.
Mr. Whiting opened for defense. lie alluded 10
the general impression which existed OF the necessity
OF reform in our Common Council, to the investiga-
ton which had taken place before the Grand Jury OF
which Mr. Erben was foreman, and other matters 10
justify Mr. f. in making the statement he did, Tue
meeting private house, ofpersons interested
in the welfare of the ard and City, the subject oeiag
consideration Of the qualifications OF persons offering
themselves, or put in nomination, for the various
Offices to be filed at the then coming election. Aid.
Barr of those candidates, being for the Office
of State Senator for the District, and Mr.. Whiting
contended that the statement under such circam-
stances was privileged and, moreover, so far the
statement has been shown wrs made wss true, &c.
Col. Warren was called for defense to testify that
Messrs Geo. j. Smith and A. Nj. c. Smith were ex-
amned before the Recorder on the investigation ~
to alleged ooruptions in the City Government-slso
sfhdsvits, Sc. at the examination were offered but
objected to and ruled out.
Peter Cooper testified to being present that oc-
casion at Mr. Beachs house in Reade-s,. recollccts
in hearing the testimony that Mr.. Erben stated that
Mr.. Barr had taken money for Police appointments.
Noah worrell testified to being at the meeting;
sbou, TWENTY-FIVE gentlemen were present he MIR.
W. WAS Chairman; the objec, of the meeting wssa
reform in the sixth Ward the character sod fitness
of Mr. Barr am ng others was the subject OF dis
custom heard Mr.. Erben say that Mr.. Barr had sold
police appointments; he spoke Of HIN as being cor
Tupt member of the Common Councils Mr.. Eroen
used no ungentlemanly or improper language on the
occasion my self had told Mr. Erben sometime be-
fore as to Aid. Barr taking money for police nsmns
items Capt Gesrge j. Smith, formerly Of Sixth Ward
Police had told me, ard believe showed me check
he gave knew Mr.. Erben W IS foreman OF the Grand
Jury; DO was in my shop Mr. W. has foundry in
Elm.st and told him OF it; that was sometime be-
fore the meeting in question.
A. NJ T. Smith was called as witness but did not
answer. An attachment was issued.
Mr.. Brady suggested that as tomorrow was the last
DAY which the Jury could be held together Geo. j.
Smith who was present. should be called.
Geo. j. Smith sworn-tA check was shown him
which he identified having drawn in favor OF Thos.
j. Bsrr.)-I reside at No. So Franklin IT. resided
there in 1928; an in the employment OF the New.
Haven and Harlem Railroad; was Captain Of tho
Sixth Ward Police from the 10th November, 1919; for
the three years ensuing knew A. NJ. C. smith
Examination coniinued-He was one OF the sixth
Ward Police; | knew Thos. j. Barr; | called upon
Mr. Barr in relauou to Mr. Smith nomin alton TO the
police; | cannot exactly tx the date; II was IN June
or July 1850; could possibly hx the date by looking
at the check nhe check was dated july 3, 1850; II
Wa before the date of the check; had several con-
yersatens with bin pr vous to the date of this check
relative to the appointment at the first interview he
was oppos cd ~ the appointment. he thought that
Smith had held the othcelong enough and was due
to his constituents that somebody else should be APP
pointed; the appointment wss delayed for some time.
ana communicated to A. NJ G. Smith onr CONVERSE
ton, and he said
Mr. Willard Objected to what he said.
At the second interview, [ told Mr.. Barr that A. NJ.
C.. Smith was anxious to have his appointment, and
would do az much for him as any man Aid. Barr still
hesitated | told him that Smith authorized me to
L i l..s, NJ ha A
much money toward his appointment rs any man.
made Mr. Barr an oder OF certain amount VI ac-
cordance with what A. NJ. c. Smith saidi think he
show ed me a letter in which an oner WAS made oil
800 10 5000 | am not which that letter was
addressed TO him; stated 10 him that A. Nj. C. smith
had authorized me to give him $50; cant exactly
remember what Mr.. Bars reply was, but he con-
scented to make the appointment; don't know that
the amount was referred to any further than thst
know that paid him $l25, and A. NJ. G. Smith drew
Il check-ior $50 think II was some OF II was paid
before and some after Lmith was nominated; no
signed the nomination. s25 were PAID previous 10 tue
nomination and sl00 afterwsrdi l paid him
the 800 in q check. The check was handed
In. and he recognized 1t as that check.I
Mr.. Barr had signed the nomination, went TO
| - Kelly; and when he had signed 1t, TO the Mayor,
b 0>ppaby with Mr.. Smith, who WAS then appoint
ed; knew the first Asst. Captain, John Btnt he Is
deed made application to Aid Barr ief bis renomlr
nation; Capt. Bant informed that he had applied Tor
| H. he did not think he would get 1t, and requested
m, 10 zee il could not; Aid. Barr was not willing To
M, Ike the nomination. he thought there were Others
| whom he was more in duty bound 20 nomInatei i haa
| no doubt of that; Bant was my hrst Asst. Capta1,
m did not want 10 lose him; by paying Mr. Barr
siOO | succeeded in persuading him to nominate
Rsnt, and be was subsequently appointed Il wis In
| the same yssr that this Smith matter occurred; do
not know when first told of these matters-Posbiy
/ con muncated them to Mr. Warner III
The check was read as f0llows.
,....
| BROADWAY BANK. NEW YOnK, July 3. 1850
R.rr iu4udr ID dOlla
glSe. ''''N'' . '''' GEO J. SMITH. /:
DISCRIMINATION by Mr. Brady-I was appointed
CAPTAIN of the Police Nov. IL, 1919; Caleb >. Wood
| hu1 was Mayor but James Kelly was the Acting
Mayor; cessed to be Captain Of Police about Nov.
l. isJ2 by resi- Enaton; was frlvolous!y charged in
1850 or 1851 before the Grand Jury the charge,
Desr ~ can recoect, was for obtaining a police
| mans pay by signing a receipt and keeping the
money il was made before Mayor A. Z. klngsland
before il was presented the Grand jury the MAYOR
| referred il TO the Grand Jury as being beyond his
jurisdiction; the dispositions were taken IN the Chiefs
Office witne sses were examined on Dotn SIDES re-
signed some time after the charge was dlsmlssedi
| there were other charges before the Grand Jury;
| some of them wss for receiving money for licenses
! and not paying over the money; the others
were for paying policemen uncurrent money my i'm
preston i that among the original charges / was
fhsged with fsl,e swearing; when made the state
meDt before Recorder Tlou meant ~ tell the truth
never read the statement at all l believe that
stated TO Mr. Hoffman that there might be one or two
corrections made, but he said they were imnstoriL;
don't know that stated the exact sum 10 Recorder
Tiou that Mr.. Smith agreed TO pay Aid. Barr;
cant positively state what sum Mr. smith paid; L
offered To pay him $50; he wanted more paid him
sl25; he showed me letter from person Offering
$500; bad the letter in my hands; didn't see the
sign ature; il was folded down could tell whether
said at the examination thing about the letter II
could see the paper.
Mr.. Brady-Well, we won't let you see the paper.
Mr.. Whiting requested the Court to notice the tone
and the apimus Of this declaration.
The s25 was paid before the Sd Of July; inter-