New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-01-26
LAW LNTELLIGGN
TRIAL Or Joseph Z. EBLING.


Streets and Lamps upon an indictmen or nrioe,y IA
making an agreement wit, Smith. seckel Co. to
use his influence in procuring contract ior then 10
use their streetsweepyng machines by CITY au'honty
sommencrd Yesterday. Upon calling Jury the iaI-
lowing challenges were made;
Nelson Hopkips sworn-Never heard Of charge
against Mr.. Et,ing Of making a conuPt, agreement
with Smith 81 excl ~ Co to make use OF hrs influence
h urccuring mem the sweeping OF the streets.
Challenged for favor by Mr. Hall, on the gresni
shat the JEror belonged to political society enhtlei
Know-Nel birgs, to which Mr. EbDg was ALLEGED -
belong, Mr.. Hopkins, being sworn, eenied belonging
20 the frder. Sworn,
Thotlas Edmonds--Suppesed be bad resd OF the
ease, bat neither femed or exposed an opinion'
Affirmed.
tohn X. Marsb Might have read of the case b''
bed formed opinion. c,,
To Mr.. Hail. Belongs to no political society Cns'
James f. Andrew light 'save readof the charge
bnt can't ssy that onmed'sny opnioh' -. ,,,v,Is
To Mr.. Ha1-Bekng to no association '"' ''''1'
BENJAMIN ,gIlboo-Dd rot hear o. tie chsree be-
fore to-day. Swcrn. eoa
William j. Sevard-Hsd read of the case; 70 nieu
or express' ID no opinion. Sworn.
Peter J. Valentine Know nv-nlng OF thc oa9e'
Sworn.
Joos Heler-Deposed similarly. Sworn.
Jeba III. 'TDor-IIesrd an Argument conceII ng ms
affarrnce n grocer sore bot do not recoh3ct any
tbimg'abcsns it. Challenged percsnptory. L.. .;.oo
Albert II abn--Hoard Of the case few dfys sinee
Watcher prisoner IS guilty or rot. Sworn.
Henri n. Storp 5-Heardrf the case, bu. does not
Ano az any of a facts DC not any tInc express or
F9rm az opinion, Chaengsd P erGm n tSn Indictment
formed or expressed no OPINION 10 the bes Of his Tecol-
kctio, bas rone now: ~Storn ,.-.. ,..,,
Wr1 Kipp-fNever hes1d of this indictment; haant
much time 70 read. ASK how long isi ago.l
Mr.. Bustec5-Indicted n Oct, 1850.
Mr. XII heard nothing about il. Challenged Pc
Thomas paine-Ha6 some pcrsoutl conversation
with Mr.. Billing on tho subject a. ere time Sane
course. ,..
formed or expressed opniozl; rad discussed the
subect with two three different persons two or
three diff yent times has now opinion rs to Mr..
E's guilt or innoceHce. Same cOur-e.
Edward II. Con8ay-iIad pSt heard of the Hctct-
ment, nor formed per expressed m opinion. Sworn.
Robert II. HegOtoan-IIad Dot'beard Of the irdTct-
TO Mr.. Hail. i've in TweEty-fourth street. Sworn.
VIM. j. Lewis-.IIad heard OF the charge; did not
form nor express an opinion. Sworn.
The following ore the nance Of the Jury, selected
out OF eighteen Rames called;
Nelson HOPKINS, sohn Heller,
Jas. T.. Andrews, Milton L. Weston,
W Sfnl te .%srd, E oSatd J. H GS'g
Peter ] valentine VIM. J. Lewis
Mr. Hall, in opening the casc said: Gentlemen, you
have been ixpsnneled TO try case of public nature,
inasmuch as tire defendant is public officer, and it
was therefore necessary you should be selected with
caution. The indictment Ssone known to lawyers as
indictment for bribery, (which at first was limited
inasmuch it applied to Judges, &C., but in this
State the law extends to other public officers. THE
Hon. Mr.. Hall read extracts from the statute ON
brbery.l Under the statute the Grand jury found
that Joseph u. Ebing on The 9th of January, 1885,
did make an agreement with Smith, Seokel d Co..
that he would his influence to award contract for
cleaning the streets to thai firm aud accented prom
use from said firm that he should receive from them
certain amount Of money and above the sum they
should receive for said Contract namely, $4,000; the
indictment further CHARGE that Mr.. f. made bargain
aid Erat haSr fnY Y1nln
value. Mr. Hall then said that they should endeavor
first TO show that Mr. T.. Oficerof the Corpora
ton, and that he did enter into written agreement
that every sum &l4O 900 should go to Mr. Ebhng
The explanation of this that should others bid
SI60 900, the balance. should go into Nr. Ebsns g
pocket, and he would endeavor TO show that this
indictment came under the statute he had just read
Reeves +. Selmes the first witness called. Ny
Office is attached TO the Board of Aldermen; have
the Charter of the City and other documents on file i'll
my Office. .
Morgan J.. Mott am Inspector of Streets; Mr.:
Ebng is head of the Department; am acquainted
with the firm of Smith, Seckel a Co, of the Depart
ment A paper shown.
District. AttoIney-In whose handwriting is this pa
per 7 A. decline answering.
ID. A.--On what privilege A. 1t might crmnate
Mr. Han-rn ask the question differently; are You
acquainted with Mr.. Els handwriting A. Yes, Sir.
Mr. Hall-State if, from your knowledge, this paper
Is in his handwriting! A. The first name is u his
handwriting.
The Judge-What name is that
Mr., Hali-Mr. Ebling's Is the body of the paper
in his handwriting A. | should think not
Robt. A. Smith, swOTn-l hive IN brooklyn, l.. J. 4;
am n contractor; acquainted with defendant; in
the month of January 1885, belonged To the firm of
Smith, Seckel Il Co.. and had the contract for clean
ing the streets resided then in Philadelphia, where
leit three months ago 10 reside in Brooklyn; first met
Mr.. +. in November, 1854, at hs own house, in the
BoweTy; several parties were in the store at the time
Mr. f. was then Commissioner elect; called Mr. f. p
attention to the sreetsweepng machines he said II
was a, very important matter, and he would like 10
have a private conversation III regard &c them; we
had another interview the game day in the Metro
pohtan Hotel, al p. ~; L had rooms there we had
some conversation in regard to the merits of the
chimes, and alsc the probable cost of cleaning the
city, l next met MIR. +. ca. that subject in Phla-
dephia some three weeks afterwards; all my partners
were present at that interview Mr. +. satisfied
Of the capabihty Of the machine, and ratified agree
ment made with me; there agreement in
writing at the time the understanding between Mr..
Ebling and myself was that he would hs influence
TO get usthe contract provided would agree to give
him all we received above slAg,000 / was stranger
myself in the city, and not of the iegallty
of making such contract; was then understood
that the agreement would not .be binding If Mr.. T..
satisfied that the machines soud not do the work,
and II, after he saw them in Philadelphia, he thought
thew were not capable of dong the work the matter
to drop; MIR. 4. remained think couple OF DAYS
in Philadelphia, perhaps longer shorter be ex-
pressed his entire satisfcton think the next inter
view took place at his house in this city, Mr. 5. here
said be dsIked giving this evidence, il against
his will 1t was about 9Th January were alone;
he told me he canld not enter into the arrangement
WITHOUT taking the lnspeetcr of Streets partner
was then understood we should have e meeting next
evening O. the eveping after, JAN 2, when he voud
introduce l,r. Mot this meeting t0ek place at the
Smithsonian House: separated abeut - o'clock
at that interview there were Mr.. Hymau, my part
per + Mr lot nd ukap beii NV fh n