The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-04-16

ren inoeh Dean aushe rzDs him certain asssss
nert Ies for ths Bo~sry hana and thai day tbsre
bones to the Bowsry Bank for the sam
in tbe aggregate Of s2a&0 These bouos al bore date
snoos q sisyO, vsrs received BY Charles Dsvn; and
o them, ths amount 81 900 have been presented
o. INC Oggo'.rs .aes assigned % sata DevlD usasr
s'gi cd BY raid pevljn In his band wri.ins,
An exam nssion Of the books In the Office Of The Comp
Smith, by which sl270o OF these bonds charged 70
contract for The construction Of sewer In Forty seventh
stIset n ade with Hugh McCabe.
1b leaves 3l 200 Of said bonds unaccounted for and
there DO account In the CoDprollere cce which they
are properly chargesble and tbsn appear that the
said Sl2 TOO not chsyk 10 fad with Hugh
McCabe then the whole amount Of tie bonds 600
ounted fol, and here the COmpuol
Mr. Dsvln undoubtedly knew or had reason 10 believe
hat these bonds, some OF them weye anautborized
we're given for money not DUE and even fraud upon the
NINTH On tbe soth day Of October 1867, IN sssess-
uspt WAS confirmed by the Common Council for paving
cross walk the westerly side Of tho sixth avenue
for which work c. sharp Contractor but who bad
soop, Of d on.rsct was 50 s2a ic Sstd
the amount thereof in the edRer Aessss
ment contracts IN the Comptroers Office Subsequently
the amount altered by placing before the
amount si2 s2s 10 instead Of s2'sss To- '
ssa smith presented a statement 70 the Oompsrosr,
Allowing the due the said contract be
10 and there were thcreupon issued to said
John Fitzpatrick therefor three assessment bonds tso
for $4,000 each and and for g. 500 cneck given
him for the balance of s23 TO- One OF said bonds
5000 wss assigned by said Fitzpatrick 10 said Devn,
sDo Afterwards assigned by said Devu, under bis
hand, to BswIey braofor1 ard was by them again
astrpeo 70 one JACOB Robertson who on the Sd day
Of December, 1857 presented said bond a. the oomp
roers tfice, when Was cancelled, another issued
10 the taid Robertsop IN 10 place
The oeck for $23 10 iadorsed by said Fitzpatrick
ar0 deposited cy sAio Devn credit the Bowery
Bank, and WAS pad BY the Chamberlain.
have before stated that John FzOstrick the IN
tim ate friend Of fad Devln and the ass'Vpee OF the con-
acts with the city held oy said Devlin the 18th Of
June, 1867 some Gays before the date Of his appointment
as Street Commissioner. will appear that the interest
Of Mr.. Devhp IN tuch contracts still renamed notwith
stsndrg the sppare Mt asseDmeDt and that said Fhzpa
rick but the seent Devn the matter Of the
cont scte Dcmipa y assigned 10 him No doubt exists
my nd, aod charge that the contraci in ques
for pavrg Forty bnh street was ASS gned to said
fitzpatrick in whole part for the benefit OF said
DeyD thai said Devln knew the true said
oLuact that bav'rR such knowledge he received the
ssid bono and the said check last mentioned, kno wing
tbn they were ffauduieny obtained, and tnat neither
ffzpAiISk Dor be had any right or title thereto
lin 10 The eflse Of Street Commissoner he wss con
actor With the Corpor asion for setting curb gutter
stones IN Eighty piD'h street, between Fourth and Fifth
taid amounted than $500
ard poeetoly Soon after hs appointment took
potefs on Of the street nissopers office, eheren the
copusct books we're hep. IN one Of which books tie
Contract Of Nj. Deviin for the work Eighty ninth
sJ.et.
On the 2Ob day of June 1867 the contract 40 made and
sxscuies by him for fAd work wss by one Of ms ap
pont, cut OF torn Tor The Contract BOOK, destroy
ID removed and carried axay from tee office, that
DO record thereof now remains therein
On the same day contract for the work was
eLtsreo 10 the same beck, pprportns to be made by
John Fitzpatrick, Who never been bidder for the
work.
The rev contract bears date the Ioh day Of june and
plovijet that The work shall c. mmence the 10Th day
o JaDs obe Gay before the date OF IT, aud (oepg made
Gu the 26th) eleven days before the contract
Ap psc,cn Of the contract shows the state Of facts
1htse must be held 70 be the Of oevlg or
to have beer done with his knowledge, appreciation
EiEvESm-By rspsction Of an assess nent ron for
sok dcpe unoer contract made BY Mr. Dsvin ~sh the
CoIporrion, oaed 0clber a. 1866 10 set curb gut
neg Tour feet OF walk Of rtrd avenue from sry
st 20 Egny sixth street he 70 be PAD for Tagging
Drs foo, az ctps rese,tg cufo and gutter per rar
tps iVos cens No o<her charges, under tie contract
U,d,r rsqsisiion from the szeet C,m nissiousr's
Office, ~ 80 per cubic yard for rock excavation 45
r cube arc or earth excsvA,op, ~ cents per cubsc
,ro for ssrip hrg ana io7 days for inspector te, a.
No provision for aDy such charges made, either under
ice saIveyor Tor nis sosS sssns . Ss,s rs
Cpoic ysr6s Of earth sxcsvain 1854
Sooic yaids o. rock excavaon 67a
Cubic ysfeb OF esftn niliDg.. 600
sot.nbi'sptrs this, the figures we're altered by
iu'hbf tbe one In the s'st charge ioto q fo,r
.nd pre- srng fgue three before the second anc
thud fts fbs amount wropsfuily cnrg-d In the true
return of bs surveyor you'd be ss2s o. and by al
tired nsuIts t3 added, sho~ng airaui ap,n
poyery opn,rs Of - sls ss Tbs money sas pad -
ST. D,yD he 18th day Of February and the lsn day
VI bsIeb, 1877.
Il not possible 10 bcevs tina; Mr. Dsvln wss soCrsnl
Twnrru "A, the time Of The appointment OF Ccarlss
DevlD TO be 'nice Of Street Comnssore er, tho oh
pun, and hed contracts with them for a very large
smoub, cf Workable cottracs being those shich
Isss ceDs acts yo.,d The sxpssdars Of 40: .n.n
$50 Coo ana are many Of them sti ioconplsie N1s or
81 OF the psn oobuacs rers on or asoi said 1864 dag
oJupe, 1857, assigned By said Devn 70 sa1 John si.z
Dsufk
Il clearly follows from the facts before staed thn, Mr.
pevl as b. en- spce the said nj an si H. ;ne
paiy interest IN bese Contracts snd doss no. occspy
sucb contracts such posi,i1n 81 viii enable him
isy 70 perform hs duty respect ,o them and the pay
ts GIN Ol; 70 believe that NJ Dev,as eoOpeeti,n With
any ctb,iderabe humber Of these nasrsnt faa1s
,be subject BY The Comptroller explanation re.
a..ssd eot ne has refused 70 say snythog tbs sob
jee and rsor,y, upon the examination Of J. snisb,
sho s charged sefore magistrate Win ccmpcisy II
stme Of these frauds, Mr. Dtvn beng called a W.T.
reiusto fts; to be sworn, ana srUrn, re
TDs sa.s, o ~ bsslin vas - H a '1 Ucc.ss H. 1851
81 ooa yesr To the month Of september las and asna
U Nov,nssr, be srovsh an scion ssslss;tse corpEa
OF $500 year Tue complaints these rc,ions
sworn 70 by sad Dsvlo. judsusp, f1r 81 aSo
cOltc ctd. When was discovered that the claim fr
double the urt DUE Mr. Deviin called upo3 aaa
ubrfT tnfeh " PTOrtCutioD repaid tne excess.
In cOrcusoo, allow me 70 repeat hat Tie MAJOR snd
BcsTd Of Aiefp en- bave under the chsrer, s-so
Ioser Of removing The Street Dom ssiODer, snt az
have alftaoy e,efcsed this poser far ves;sd
sLd 'se i2h inst askeo the opersion and COZ
s.nt o. the ard oi Aldermen, which eaunos dorot VII
re btetuly snordsd no immediate action on Ms con
nuhiSa,oa MAJ be necessary
DANIEL r. rIExASN
Alderman BooiE moved TIA, the ooumanical,p e re-
feired to he committee vho haze the ln charge
II referred, ana the committee asfuc.ei :,
report On Monday n,xt
curkrMcAIioS FROM rHE CORPORATION oorSsxt.
A cfnmnalostian was received from the corporation
Come n 10 resolution b the poser Of the
ksynr Board Of Adermcn 10 The street Con-
mrti and aus also refered 70 the same committee
lte pc- a,un Counsel Of Dpinon that Il ~ocj be
arbitrary &c, 70 remove any head u department WITH
eiva hm an op2cs tiy Of defending himself from
tie tbsrbes raie snd would render nugsso the go
ttcs q n. c5arier; aiepovs FOR sJuld require
$50 bud vote 70 sustain the Mayor tho crn
p the dock 70 not sentenced Until be In vctei 10
coYstea opinion there ess susb pow.r vested n the
May and Board OF Aldermen, sxosps Tor cause.
LAW rFrAprNrsr Cry ov Nsw YosN 4