The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-01-27
OFFICIAL CORRUPTION.

UT1al OF SO0oph Es Ebungs COmmlsslOnOE Oh
Streets and Lamps, Tor bribery.
COURT OF GENERAL SESSIONS.
Before Judge Capron.
SECOND DAY.
The court was crowded at its opening yesterday
morning by parties interested In the trial OF Joseph
E. Ebling, Commissioner Of Streets and Lamps,
charged with bribery. Upon opening the court
the District Attorney said the prosecution rested
their case. Mr.. Brady then said he would not take
up the time of the court with any formal opening
on the part Of the defence, but would proceed at
once to offer their testimony.
Mathew G. Fordham, examined for the defence
In 1856 was Street Inspector of the Second ward
/ became acquainted with the firm of Smith,
Siskles Co. about the 10th Of January; did not
have charge Of the street sweeping machines; they
were worked in my ward; in my judgment thsy
were total failure; made q complaint about them
TO the Street Commissioner.
Q. Did Mr.. Smith speak to you on the subject of
your complaints?
Mr.. Hall-Don't answer that question, sir. We
are here, may it please the Court, to try the issue
of bribery between Mr.. Ebling and Mr.. Smith and
not between Mr.. Smith and Mr.. FOrdham.
This question was asked Smith yesterday, and he
said he did not make any offer to brbe this witness
Mr.. Brady-I claim, sir, that have right to ask
this question, and am entitled to an answer. This
ts done to test the credbty Of the witness Smith.
The reluctance manifested yesterday by Smith in
giving his evidence, was mere piece Of hypocricy,
by mere feeling Of revenge against Mr..
Ebling in this prosecution. am anxious to test
that question of $500 being offered to this witness
<Mr; SMITH for favorable reports in regard to his
machines. Smith was not the unwilling witness he
appeared to be, and want the jury to understand
this most distinctly. II it should turn out that this
Smith came in an artful manner with lot of street
sweeping machines, which he knew would not
answer, and endeavored to get the authority and
patronage of head OF public department in their
favor, and when that officer objected to these
machines as being useless, he turned round and ac
cused that officer OF corruption, and an attempt to
procure brbe, they would probably get at the
exact worth Of Mr.. Smiths evidence.
Mr.. Hall replied to Mr.. Brady, in opposition to the
amissibility Of the question
Mr.. Hall was sustained by the Court and the
question overruled.
The examination was then continued by Mr..
Brady.
which reported to Messrs- Ebling and Mott; the
street sweeping machines were in operation nearly
every night; the streets were cleaned in the day
time by hand labor and they ran the machines
around by night, to keep up show OF work; was
present at the trial Of the machines; Mr. Mott and
Mr.. Ebling were also present; Mr.. Ebling pro-
nounced them faiure he did SO in my he lring;
he called them humbugs; l considered them SO
myself.
Mr.. Hall-May it please your honor must object
to the examination of this witness upon the value of
these machines, this all merely being collateral to
the issue before the jury
Mr. Brady-May it please the Court, do not wish
to take up the time of the Court when it can be
spared, and will therefore waive this question.
will put another.
Q. Did Mr.. Ebling ever again authorize the en-
ployment of the machines!
Witness-N0. sir; but after the agreement was
made with the Mayor and Comptroller the machines
were allowed further trial.
Cross-examined by Mr.. HALL did not throw any
obstacle in the way OF employing the machines; I
said they humbugs from the first day they were
trial.
Joseph Sender called and examined by Mr.. Bus
teed for the defence-I am Street Inspector Of the
Sixth ward; am acquainted with Smith, Sickles &
Co.: first saw Mr.. Smith in Park row in March,
1850 on trial Of the street sweeping machines; Mr.
EbliDg was present.
Q. What was the result Of the trial of the ma
chimes?
Mr.. Hal-Oh, must object again to this ques-
ton.
Judge Capron-I confess am unable to see the
relevancy OF any Of this evidence. 1t did not mat
ter in this trial whether the machines worked well
or not.
Q. Did you have any communication with Mr..
Smith in the month Of March relative to the work
ing Of the machines?
Mr.. Hal--This question is like one already pass
ed upon by the Court; object again to this ques-
ton.
The Court ruled against the question.
Mr.. Busteed-Dd Mr.. Smith ever make you an
oier Of 81 Per day over and above what you were
receiving If you would report fayorably to Mr.. Eb-
Objected to by the District Attorney. The Court
sustained the obj ection
Morgan L. Mott recalIed--I first saw Mr. Smith in
the l1l1er part of December, 1854; witnessed the
f& DENOMINATION of the machines; Mr.. Smith never
cd on Mr.. Ebling and myself with the receipt;
he called on me and had q conversation about the
receipt; he proposed to sell it at time; he called
on Mr.. Ebling at his Office, aud called me in; this
was on the 18th of July; Mr.. Smith then said he
had lost great deal Of money by the machines
that his partners had turned him ont, and that he
must raise some money; he wanted to know what
we would give for that paper: Mr. Eblng asked it it
was worth anything to me; told him, not cent;
did not see Smith in Eblings office after that; he
called on me after that in the morning of the day,
before he went before the Grand Jury; he said he
had this paper about him. and it had better be got
rid of; that the Mayor had sent for him, and
ne did not know what for; the next I saw of
MIN was in the ante-room of the Grand Jury;
ltolo Mr.. Ebling Smith had called upon me and
wanted to get rid OF the paper Ebing laughed,
and said he did not care about it; had known Eb-
ing Tor % ten or twelve years before that time.
mr.. HaleWas any paper exhibited at the time of
Witness The paper was not shown; there were
two papers given when the receipt wa, given; Mr..
Ebing took one and Smith. Sckles & Co. the other.
Mr.. Brady-What did smith, Sckles q Co. say
they wanted this paper from Mr.. Ebling for?
Witness-Snith said they wanted this receipt, or
something to show to those in Philadelphia VINO
furnished them the capital that the authorities here
were willing to back them their machines work
ed; this was before any paper was signed / wrote
the receipt given to Smith; IL was written without
dictaton according TO the request they should have
something to show the capitalists In Philadelphia:
this was the inly use this receipt to be put to- If
the machiness were not successful the whole matter
was to drop Mr. Sickles said he would clean the city
for 900; he said he could get much larger
amount, and all over this he said he should divide
between Mr. Ebling and myself told Mr.. Smith
thought the streets could not be cleaned for less than
100000
O. Did you expect to make anything out Of that?
Mr. Hall object TO that question.
The Court ruled against the question, and Mr..
Brady took exception.
q. Did Mr.. Smith at any time offer you money?
A. he did; he called some time in April and wanted
TO pay Mr. Ebling and myself some seven or eight
hundred dollars; told him would not receive a