The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-02-18
The Alleged Frauds in the Comptroller's
Office.


~oo~~o~~~>~~.~o>>~O-~~
Preliminary Examln alton or James b. Smith
and John Fitzpatrick Remmed-Ahidavft
OF w. HI Dikeman-TestimOny OF Augus-
tus Purdy and David r. Valentine, sc.
The examination of James b Smith and John Fitzpat.
rick charged with defrauding the city treasury Of 900
by means Of interpolatng figure certain contract,
resumed yesterday morning before Recorder Barnard
Ct his chambers His Honor exerted himself to furnish
suitable for the counsel and the represen
tatves Of the press The proceedings delayed
y an hour consequence Of the arrival of the defen
daat's counsel Az Is he made his appearance the
examination was commenced, when Wakeman q. Dixie
man made the following affidavit
AFFIDAVIT OF W. H. DIKEMAN.
waSe%sn pae%.n sworn ssysmI am clerk in the
went into the Office In the year 1885 have been stock
clerk 70, more than ten years and all e time have per
was placed In my hand on the 23d OF November, the
purpose Of having bonds issued John Fitzpatrick the
H. Y and 73the two first for each and the other
tor s2,soe, making the whole si2,sOO made out the
bonds can't tell exactly who gave paper whether
Smith or Fitzpatrick Judged have been one of the
from the fact that the bonds were divided should
not have divided them one Of them not requested
it, delivered these bonds to Mr. Brannigan for John
Fitzpatrick the receipt bears date the day delivered
day bears date is dated on The 25th Of November
1851 can't say whether Mr. Brannigan the receipt
not before he signed it gave him the receipt sign
the stamp "street paving the paper when was
given TO me, and presume was put on by Mr. Smith, all
The writing on the memorandum blue ink is in the hand
writing of Mr.. Smith can't say whether or
Mr. Fitzpatrick at the Office in reference TO these
bonds.
Cross examned-I cannot state how long Mr. Smith has
been in the Comprolers Office think considerably
year can't say what duties he came to perform when
he first came there judged Smith came as one Of the
clerks; Smith spent his time in that part
Of the office occupied by the Comptroller
tracts when he first came he rendered some services
to the Clerk Of Arrears the Comptroller occupies the
before he was appointed to some other place; tho
Comptroller spends most Of his time in that room em
mot aDs to say mot h was called b
place when he came there, that the creation Of
q new clerkship his coming there was not reflection
had nothing Whatever TO do there; he has never per-
formed any duties since he came there that per-
formed by me before be came furnished no work for
Smith, knew what he doing; never there
any jealousy between Smith the other clerks;
clerks in the office at the time Smith there; my
own business al the time up and not behind never
reflections aon '" reeeec. s
heard Of any complaints by any OF the other clerks in
consequence Of M Smiths coming don't know who first
against smith Fiiz patrick nor how; can't tell when
frat heard Of the charge WAS about the time of Mr.
voucher; gave to him always thought the feeling in
the office towards Mr. Smith the Of what you
ask me; can't tell whether the other clerks knew
that Mr. Smith had any supervision them the
to issue $Ae bond my voucher; don't behind that
ATTACHING The requstion for the bonds handed to me a.
the time issued the bonds have knowledge Of seeing
any order Of the Court at the toe the requisiton was
| the reputation at the time; subsequently, they were
changed was not in habit Of keeping such receipts
until Mr.. Smith came In the office the receipt book
not in the Office before Mr. Smith In the Office can't
state how long that book has boon in the Office prior
Mr. Smiths coming In tho Office the contractors paid
in cash bonds psy OF contractors issued be-
fore Mr. Smith cane there; Cart say whether this
have taken loLe have issued ths character Of
bonds; prepared the form ri RECEIPT have
told me no, TO denver bopds until TIE contractors haa
gwen their receps I'D know before Issued these
bonds that there was any receipt. n smiths book for the
only for my securiy Cant tel ~hether the bonds
received on u, cay the recp bears cate or not can't
state distinctly who oroered Twice tho bonds,
whether any one did, only n my Uniform practice to
give only one bond; nave spoken 70 Mr.. Fitzpatrick
vember the tividitg Of the bonds is frequent.
| y done nlssys do TO II gentlemen want them
a, the time issrea the 'D bonds ! had no idea
what was the amount of the account OF the
tence Of this contract for paving before ssueS the bonds
rst heard OF the amount OF for this
within week never knew until this investigation
nepced that there had been alteration the conract
did not know that complaint 10 have been made
sgainstthe defendants before heard that they
arrested Il can't tell whether the paper jagged
this way not AZ ,hc time handed TO me; ia the
issuing OF bonds am entirely governed by any statement
L
"W. II. D." placed the paper before or after IL
was signed by Mr.. fagg; don't know who prepared the
signature TO papers as condition my signing the bonds
What Is the meaning OF the words "Exd" and "W. H.
Df' A. II means that the mathematical calculation alone
correct can't see any absurdity In the addition OF
these words after Mr. agg had ordered the bends ISSUE
the use OF the words 10 my mind would show that had
made examination Of the paper numbered the paper
and put In this hle after had made out the bonds
after had put away presume anybody in the office
ne after Mr. smith left; think gave IL to Mr. Cady for
Mr. Flseg; IT Is different form OF a voucher which
quire the original papers 10 be examined have
amined the original papers since Mr. Cady has taken
| charge OF them.
Direct rcsumcd-At the tlmo this requstion was given
to me DID not examine any papers or books TO sec
was right or wrong. W. II. DIKEMAN
Counsel for the accused said he wished tho public 10
understand dstncy that he did not attribute any i'm.
proper conduct, in criminal point Of view, 10 Mr. Dixie
man. but simply 10 be understood that the clerks in the
various departments had attended To their duty properly,
the error-for only error-which caused the
rest Of Mr.. Smith, would have been detected In tmo.
Counsel for the people replied by saying that II that
were 20, would not alter The case nor would be less
John Brannigan was recalled by the counsel for the
people He testified follows would not pusi.
lively that ever saw the paper now shown me before
Leather Bank for IS 40 pl payable 70 John Fitzpatrick
order for amount collected the Forty fourth street
contract Of the endorsements in the handwriting
q Mr. Devln but could say that the other signature
Mr. Ftzpatrcks, for DO not know the handwriting
Augustus Purdy after being sworn, testified substan
tally follows In 20 questions sropoundcd BY
counsel for the prosecutIon-I clerk Of arrears in
the Finance Department; the assessment nov shown
me s the original roll for paving Forty ninth
street from the Sixth W the Eighth avenue; FIRST
In November 1857; Mr.. Smith brought IL 10 have II
entered In book called the Record OF Assessments Con.
hrmed; when entered returned u 10 Mr. NTH the
same day. think have personal knowledge 10 the
time went into the hands q he collector remember
telling Mr.. Smith that tbought better 10 take
ceip for him 10 show the office did not desire 70 hand
10 either Of the claimants Of the street Commissioner
ship; do not know whether Mr. smith entered in his
book rot he knows that the law requires these things
W be entered my Office hrp Smith kept what desg
natedtthe Trust Ledger; had conversation with Mr.
Smith intermediate the time the assessment roll
brought 20 and my making the entry and the dis
covery OF the derepce in his book from that in
relatonto the matter; know his handwriting think my
attention called 10 this entry sometime in January
The e.try on page lo$ in the handwriting Of Mr. smith,