New-York daily tribune., 1858-03-05

] had nothing but the contract esioFe ne vhen
mede out the requisi.ion; the Assessment se nsssi
cane 70 me- never saw them, nor did tne oufseJv,s
returns; ths Surveyors returns usually went Ittne
Asssss.rs; Mr.. Taylor gave Instructions that az asts
sh, MD be lDclosed 70 him the papers N tnls roi
think, come 10 this order ist the Inspector scert-
cate ID the QUESTION for pnees 3D. the ordinance for
making the improvement 4th the Assess0rscertlncate;
th, the BIZ Of the work e.h the ks of the Assessor
and then here s q Surveyors eerihcats OF the work
done, have v1i'lngs similar 10 these IN this
writing, which cay did not write do not know
whether the items carried out in the account or
not a. | have not examined them; ceased to be-
Contrac, Cleik by being removed by Mr.. DeylIn Oh
The FIRST Of Jnyi have had TO participation IN the
discovery oi these frauds; was Deputy Street Com
missioner under Mr.. COnOyer, tor time; leit some
time curing the Fall | don't rocolect OF hearing or
mott ing spy expression of jealousy by the clerks of
the Controllers ,fice toward Mr.. Smith have heard
persons-perhaps they clerks in the Street Com
ii,sOpers cfice-renla,k that Smith had good deal
TO do about; | cannot any Of the clerks who
made the remarks; could not say with what depart
n,eLts they connected the Items IN the requis-
on are in th. Surveyors return there are some items
in this requsition that have no prices on them, out
all the Ite ms are on the Surveyors return.
NATHANIEL q. BRADFoRD recalled and examined
The note OF Fitzpatrick dated Sept. %, was not paid
at maturity and not PAID Yet there Was note VI 'ne
other parties due in November. -
Cross examined by MIR. Grahsm-Ihe books OF the
bank are now in the bank building; they have not
been removed from there; saw gentleman-Mr
CdCy-at the Dank examining the DOCKS tWo oT
months sgo; think it before Mr. Smith left the
Controllers office, as had heard aferwsrd that he
had LEFT; cannot say how long after heard that Mr.
Smith had left; Mr.. Cady was not alone the first
the second time / think he alone; the
second visit might have been FIVE or s1 weeks after
the first he looked at some accounts, on the second
occasion in the bill ledger l think be got permission
of the receiver or bis deputy, Mr. Jeremiah, whom l
think was there Mr.. Cady remained but little while;
don't recolect that he had any conversation " mn ME
do not know at whose accounts he looked; canno'
tell the time of day he called do not know tns; Mr.
Fitzpatick claims that the bank owes him: have
no doubt but Mr.. Fitzpatrick is responsible man.
O. From your. knowledge Of his circumstances,
would s. eco be likely TO precpitate him into the com
mission OF crime Objected to, and question over
ruled.
JoHN BRASvIGAN recalled and examined
by Mr.. Graham. Had you any knowledge at the
time you signed this receipt 1.-THE one produced 10 the
receipt book previously alluded to) OF ABOUT now
much was due Mr.. Fitzgerald on account OF all or any
of his contracts with the city Objected TO, and OBJ
lection oyeuuled.) A. had; two certificates pre-
sen'ed to Mr.. Smith from the Deputy Street Commls-
sioDer for $3l 900; presented them with the
Surveyors returns; there an amount over that
due about ss near can remember, OF sli,oOO OF
| $4,000, as shown by the Surveyors returns.
| Cross examined by Mr. Whiting-1 presented the
certificates for the $4,000 or $l5,ooo to Mr. Snitn
also; there about two or three that made that
sum-to the best of my recollection three; do not re-
ember the amounts oeher ofthe three certc stes;
can name the conractst to which they relate they were
the Ffty-second and Ftyseventh streets contracts;
cannot name the surveyors cannot tell who gave
NE the three papers to deliver to Mr. Smith, the sur
veyors could not have given them to me- the two
papers from two distinct peoples one Is drawn by
the Deputy Street Commissioner, and the other by the
surveyor delivered to Mr. Smith, beside the certii'
cate Of the surveyor, the document of the Deputy
Street Commiss soner; handed one from each tor each
amount Mr. Turner, the Deputy Street Commissioner,
gave me his certificate; do not know from whom l
got the surveyors certificate; if carried them with
ne to the Deputy Street Commissioner got them
$3I 900 in September, 1857, both at time to Mr..
Smith.
Mr. DEvLIs was recalled. He appeared, and Mr..
WHITING asked that he be excused.
| Mr.. GRAHAM said he should object to it. He asked
that Mr.. Flagg be called for cross-e1amnation-to
which Mr.. Whiting objected.
Pending these questions, the proceeding was ad
iourned 10 Thursday at ii o'clock.