The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-04-05

Y oAat yon remember sny such nstAAoess A. DO
According 70 your best recollection, did you or NOT
empower MI Cady any time 70 DO anything with this
Assr The 1srts IN the stress comm.soners ONCE
who was hs persou to receive those papers which formed
sns ssss for these monthly pAsmsnss that yoa have
Objected TO- and objection sustained Reception taken
q DO you know OK Councilman Barney A Yes, SIR,
O. DID he call upon you in behalf OF Mr. Smith, alter
Mr. Smith len your ofhoes A He did.
Q. DIG ne sell yoc that occasion that Mr. Smith was
IN which he bad S lis duties su. tia. he
could net consent 10 allow this Mr. Cady TO BIO put over
nm as ns person he WAS 70 account to- "A y, ne so me
me anything In regard to Mr.. Cady that reooieot
Q. Cane you remember whether he told you that the
upon Mr. Cady inferior, something like that, and he
could not consent 10 be called upon 10 account 10 him. A
cave % 90, .s o. aa, kIS ", Smith
had len the ofoe a be did that Mr.. Cady had pre-
srmed 70 catechize him In relation 10 bis book No,
Sir.
DID ne not offer to you personally that II you would
receive the explanation smth) would como forward
nu v Hy t sSps "a yGs Yea s hs o0
Have you stated to him or in his presence that
Ar. Deviin was the man you were sfsers NO sir do
q. Eave you said 70 him or In his presence that
ycu wanted to reach Mr. DeylinS A. Never, that re
collect
@ % you think you ever said tha.f A. do net think
O. Have yOu never sa.d 70 any one Mr.. Flasg, TIA you
meant to reach Mr. Devln, wanted ~ reach hims A.
Counsel for the prosecution objected to all these ques
cussei ioT ths defence rsions .. length
that tbs prosecution was Instituted ~ SIR Conovers
party in order TO floor Mr. Devi assisted by the Mayor
Counsel for the prosecution denied that It was con-
spracy and said that from the beginning all along was
presuned that Mr.. Deylln WAS innocent
were after NJ Deyn or ths, YOU meant 70 reach aim or
any words to that eiectf A. No, sir
Q You the plaintiff in this case, are you not A.
Yes, sir.
O. At the time you made this complaint had you any
expectation Of duplicating MI bevin In this or in any
other criminal charger Objected TO- but objection With
drawn A. No, sir nothing extended beyond the single
stated In my ahdavu
O. Did YOU not then suspect Mr.. Devin OF
plcity N this CHARGE
Objected TO. Objection sustained and exception taken.
O. Did you net then believe tina, Mr Dev,n was con-
nected in come way with this charge.
Objected to- Objection sustained and exception taken.
g. Were you informed BY any person that It would be
better rot 70 make him party tiu the examination upon
the complaint had been proceeded with? A No, sir.
@. was anything like that said to you? A. No, sir.
Q. Do you know that this complaint advised and
made with the expectation that would crtmnAse Mr.
Q. Do you mean to say that when this complaint Was
made you had no intention in any way, Of reaching Mr.
objected TO- Objection sustained and exception taken
Q. Do you mean 70 say that when this complaint Was
say Icertanly bad nct.
Did you not intend that this complaint should ad IN
hedeveop ementoi facts which you supposed would justify
q criminal charge sainst Mr.. DevlinS A. No, sir.
DO you not know that 1t ia Intended to examine Mr..
Devin as witness upon this compliant to get from him
facts which il Is thought may involve m in this
other criminal charge?
Objected TO- Objection overruled and exception taken
A am OF any object Of that kind. or Of any
object In examining him, except TO ascertain who ought
TO be made responsible the Is oco check that was Is
sued to Fitzpatrick
O. Then as understand you 10 say, this examination ID
intended In way TO throw light upon the %, 900
check you speak OF A. supposed he would be ques
VIVA. old you suppose would be discovered In this
examination in relation TO this IS ,oco check,
Objected TO- objection sustained and exception taken
O. Did you suppose tina; Dyhing would DO discovered
that would lead TO justify criminal charge against M
Deyn upon that checks A. No, sir.
1he following questions objected 70, the obJcc-
tons were sustained by the Recorder, and the dsfen
dani's counsel took exception 10 each
O. 10 you mean 10 that you believe Mr.. Devlin Is
innocenty connected with that check:
q Hare you not an expectation that this complaint viii
enable you TO make charge against Mr. Devn upon aA
checks
o. 10 you mean TO say that up this moment you
free from the beei tina; this examination VII mot enable
you to make a criminal charge against Mr. Devns
Do you msen to say that you DO not now haroor any
suepcioa Of Mr. Devlns integrity
q 10 you mean to say that Mr. Deviin Is to be pro-
dcced a. a itness because you believe he will tell tho
truth sad because you intend to believe what he does
O Have you had any conferences with Mr.. coaovsr
sll zee ths prosecution commenoedi A. No, sir.
q have yoe any with any person from h. o1cs ,
O Has he spoken 70 you in relation to The subject
meter OF tbs complaint A. No, sir.
no you know Of any charge TIA. now being got up
objected 70; objection sustained ana exception taken, As
was also u case With the following Questions
@ BAve you mace stbdsvt against hr. Devn In the
Mayors oc. or any other place the object OF which
Is 10 inpeoeh his integrity in any way
are YOU not now connected with some the Oh
ecs OF winch Vs. through the Mayor TO suspend Mr. Dew
lin Street Commissioner should the Court OF Appeals
sustain his title &c that oficeS
~. d
with mmon Coz neil 10 dourn. 20 o. 70 allow the
Mayer during It's recess, the new charter OF the
city 70 suspend NJ Deyln hon ONCE IN consequence Of
sorne charge yeu have maze or been nstruOeutAl IN
msking agArst nun.
o. 10 you know that the oo,ec, of having M Deyln
TESTIFY In relation to tie - oo cheek 70 GET nom him
acmss.on OF lis correction with IT, 50 as upoa that
bare 20 enable the Mayo 10 suspend him from ooe
objected 20, brt objection overruied and the question
permitted.
A. No, SIR
O 10 you 70 say that you know Of no intention
The yart OF ihe Mayor 70 Suspend him from ofhcs IN
consequence Of anything you have said or done, A
have heard OF any intention In consequence Of any
Ting have sad or Done have heard him speAk on
the subject Of suspending him
U Waen was that. A. cannot reoeliect the time; Q
week Two ago.
Has the SUSPENSION you SPEAK q any relation 10 any
charge Which you male against Mr.. pevtn.
Obeciti to, and ooieoton VA sustained.
testimony any kind him ~ authorize The suspeusoo
a Mr. Devlins
Ofjcctce TO.
-
have rerc-.~d Mayor gersrAly the results of the
invest zAi.cns which have been made the rnace DE-
parmsnt bet have excluded thus matter from on the
ground Il 81 tns before the Recorder
o. We're thcse reports maize 10 justify the Mayor IN sus
percpg NJ. Devlns A. No, sir.
ND you not snov that be intended so 10 use thsm
A. No, sir.
wha, was the object a the reports A. made them
10 him a the Chief Mag OF the city, 70 such
acton a ho proper connected with the public
justice and the interests Of The city.
a. Dsa you kncw what cse he intended 70 make OF
them A No. be did net call for them
q. DID aay one advise you 10 20 there A. No, sir
O. Are you not opposed yourself to Mr. DryLn's having
tie control Of the Street Commissioners oanoe
Objected 70, and objection sustained
q 10 you kDos what amount of certificates Me- rita.
patrick had in your once on The I'd OF November up 10
that day. A. No, sir.
q wha, anoSnt Of Surveyors and inspectors csrta
Gates we're In your Office the I'D Of November last, in
relation to the Fy second street fy seventh street
contracts A. TIE whole Of tbs Fy seventh street.
contract, from the commencement, amounted 70 $4,000,
the FIFTY second strees about go 600 or $4,000
O. Was pot ea6 0eo' A. do not recoslect that go.
v II might have beenf A. Ny recollection Is that u