The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-10-25
the INDICTMENT AGAINST ALDERMAN HERacK


AIueffnen, Councunaen and q metals COnfeos-
Ing Themselves Lobby Age ts-CIose Of the
Evidence on Roth Sides.
COURT OF OYER AND TEsvMER.
Before Hen. Judge Rooses It,
WEDNESDAY, Get M.-ghe court roou vas crowded
this morning, With citizens Interested in the proceedings
against one Of the City Fathers.
Mr.. Whiting claimed . delay Of few moments until
counsel would have opportunity Of looking the
minutes of the Grand Jury which furnished by the
District Attorney.
Mr. Whiting said that counsel had devoted much time
last night to the examination Of the evidence on the part
Of the prosecution and concluded that had fallen so
measuraby short of what they had anticipated that they
thought it proper to change the whole line Of their
fence They would therefore, dispense with an opening
address 70 the jury but proceed and put forward their
witnesses.
John c. Wandel, examined by Mr. whiting-Am OF
the 0puncmen Of the city New York; was one OF the
committee Of that Board to whom referred the petit
ton to alter the grade of Eghtysxth street. that is my
signature to the report the report itself Is In my hand
writing; the report drawn up about the middle
OF May Last the endorsement Of May IA shows the date
Of NE presentation Of the report could not have been
Sys er the on the
Board OF short took place be-
tween Alderman Herrck and myself on that and other
SUBJECTS Alderman Herrick at that time said he thought
BY explanation that he would be In favor Of the alter
ai,n Of the grade Of Eighty sixth street. would get
Of that nOsityeIv all the influence used
to explain the matter to him in relation to the petit
ton to the accompanying prodles Of the cuttings and
to the way in which 1t would affect property in Eighty
fifth and Eighty sixth Streets had smother conversation
with him about week afterwards at the clerks Office Of
himself perfectly coincdent With the views Of the report
We went ever the computations together; lpaper with
figures handed to wness cannot whose figures these
are fanother paper handed to wtneHs) believe this
properly the line Of Improvement the figures de-
note neal feet at the second interview merely dis
cussed the matter and he expressed himself in favor Of
the alteration OF the grade he expressed himself to
me as opposed to the measure. Counsel read memorar
Cross IS e examined by Mr. HALL would state that We
met accidentally In the Tax Collectors ofce believe
started the conversation about Eighty sixth street;
Of the lower end Of Eghtysxth street and Eighty ffh
street. not to have this grade changed in CONVEX
saon fifteen twenty minutes on that and other
subecs parted here the second conversation occurred
in the Of the Clerk of the Common Counc think
went In there and the Alderman sitting by the
table examining that report we talked the matter over
and explained the report which had drawn up myself
believe had conversation with Alderman Tucker,
and short conversation with Alderman Drake nciden
tally; heard that the committee had meeting of petit
toners and reonstrance about altering the grade of
Eighty street. this after the conversation ha
been held the grade affected lots from First avenue 70
the East river there hillock between avenues
and B. and the raising depressing of this was matter
Of dhpute Mr. Warng hac lots nearest to theimmediate
hiliock and so had Mr.. Murphy
Judge Roosevelt asked FOR the date at which the mat
ter sent from the Board Of Councmen to the Board
Mr.. Hal-The report was made May II, finally passed
that Board May %, and sent TO the Board Of Aldermen
June 4, 1855.
several John Murphys knows tho John Murphy who had
interest in the alteration of the grade Of Eighty sixth
street, took interest at the request of Mr. Murphy
in getting the resolution to alter the grade Of Eighty
sixth street passed in tho Board OF Aldermen; Murphy
at that time frequently around the Hall and in the
Mayors Office presume lie Is intimate with the Mayor
and political and personal friend; do remember the
date but think about the lat Of September he first
spoke to me on the subct have since down to the pre-
sent, seen him around the Hail. spoke to Alderman
Herrick the subject than once; had had o
versaton with Mr. Murphy and asked Mr. Herrck TO 60
for The Alderman Herrick told that the people
in his ward divided the subject good friends
Of his being FOR and against the measure; froq
the conversation inferred he rather in favor OF the
measure and consequently pressed him 10 go for
account of Mr. Murphy made Especial request o. Alder
man Herrick at that time.
exsnn Ell BY Mr. Habit the lst ofsep.
TENDER that Mr.. Murphy requested my influence the
subject il week two previous 10 the matter being
laid the table in the Board Of Aldermen; he wanted
yny personal influence with Mr. Herrck he spoke TO
several times, aud showed himself very anxious that
should speak to Nr. Herriok, which did, no
spoke with Alderman Herrck every convenient time
that met him--perhaps three or four times.
Thomas r. Downing, examined by Mr.. Whiting-Hed
an Interest in opposing the alteration Of the grade Of the
stree; was an owner OF property invoved applied 70
Mr.. Hcrric ana every alder man that knew to aid me
in the opposition TO IT. think applied 10 them while II
was pending before the Board Of Coune lmen at that
time Alderman Herrck would not get out of the carriage
which the committee had gone 10 see the street, said
he understood all about it, and would act Mt the proper
time; applied to Kim constantly, before it passed the
Board O; Councmen do not think he had expressed
opinion in favor of the alteration Of the grade he
always evasiye with me; said his friends were equal
ly divided in the matter, but that The other
bors OF the committee were in favor Of it; had many
arguments to the number OF feet, against IL; he
though there sufficient against the grade, (two
thirds) and thought not; there was alteration 10
the petition after II signed Mr. Livingston bad signed
i n
tale 70 the first cipher and thus |. appeared there were
thiros in favor of the alteration
Cross-examned by Mr.. HaD.-Am City Inspector; had
to be otherwise than The political and per-
sonal friend Of Alderman Herrick ! used every
ment to influence Alderman Herrick in this matter.
wae present the evening II passed the Board Of Aldermen
there was considerable OF lobby there that night
both sides Of the question; think was present when
Alderman Herrick moved the adoption Of the report
spoke to him perhaps fifty times; il the only ques
ton iobbed there for two years; owned 100 feet Of
property there four lots; used all my influence with
Alderman errick and the rest them TO oppose the al
teration OF the grade
TO Mr.. whitng--Knew John Murphy to be very active
IN favor Of the alteration Of the grade; frequently
him 10 the Mayors Office either in the private oico
waiting to go into the private office have him there
frequently since said to the Mayor that there great
opposition 10 IT. and hoped he would not sign the
till he heard the persons opposed TO it and he pro-
missed he would not they did go before the Mayor The
day after its passage and he approved it the 18TH
Hugh Herrick cross-examined by Mr.. Whitfng-Am
the brother OF Alderman Herrick; know Mr.. Waring;
clerk in the Court Of Common Pleas in this city, my
brother resides in Sxtyrst street. has been there six
or seven years. somewhere near the First avenue,
where 1t would come through II is a frame house Of
four stories including the basement which is wood the
parors are on the second floor; the basement is level
with the street. there steps from the the
eleva ton, and two steps from that to the front door,
there only two rooms that floor and the parors
are above that; my brother is generally in the
front room, the first floor, where he receive,
his visitors; there is table In that room--a mev.
BILE top centre table II Is generally covered with,
PERI editorials. newspaper scraps reports Of boards g.
his bump Of order not large and he generally keeps his
papers there in considerable confusion have been fire.
quently Mt his house; some has called business
almost every time have been there; have had an n
teTvew, in company with my brother, with Warning
three weeks ego last sunday evening: my brother had
conversation With him IN my presence when went
into the my brother told him tina. he had under
stood him 10 say that when he before Grand Jury
Mayor Wood read the law TO him and also that he under
stood him say the foreman of the Grand Jury told him
there was evidence enough to convict him (Warinr)
and my brother asked him to make affidavit Of these
facts that Il might be used motion TO qrash the In
dctment Waring said he had been advised by his coun
sci not to sign any paper make any affidavit concern
ilg the mattar my brother then said he had come mpy
TO ash him 70 make Affidavit Of these hng II they