The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-02-18

the basis FOR Issuing bondsS A. Not that am aware Of
keep certain book which he failed TO do; all that
know IN relation TO this point that the matter had con
necon with the book that the other clerk was directed
KEEP Mr. Smiths duties did not appertan 70 all the dc
partments OF the Office; he not the chief clerk
was consistent with his character NJ clerk 70 Drn
Did not that ooersn your nna hs i'm
that he was rather above you in that acts Not in tn
slightest; am quite romantic, but never dreamed
4. O. Was there any clerk in that office who ought
have received that paper when it came frou
suppose would have been more proper TO have hande
to me- that the custom the death OF Mr. Taylor
the should have come direct to after thai
but believe the Clork Of tho Common Council sent then
the Comptrolers Office by they ought TO hav
gone NE Street Commissioner but the only require
should have been entered In the book which ia I'd
quired 10 be kept in my bureau the law since May 1851
requires them TO be kept in the oce Of the Tax Conm
sioner's.
@ After the entry was made in the Street ConuA
sioners office, where did the assessment rolls 60 tos
They then handed TO me and the entry made, and
suppose sent back 70 the Tax Commissioner office sga
the ordinance says that they shall be kept by the
ments used them TO collect money on but the Stree
Commissioner 10 required TO transmit them to m
on the expiration Of year Mr.. Smith hand
raj custom is for them TO send them over
me- before the LIST Of May the Street Commissioue
used to come in with them, but do not remember Of
Of his clerks handing assessments; Mr.. Smith ha
brought assessment lists before he brought thi
ONE in few instances only however, because very few
have been confirmed; they did not commence To confirm
them until the death of Mr. Taylor he first commenced
bringing these lists about October, 1857,
can remember; received very few assessment lists be
tween June ana October should think received fitted
TO twenty from him up TO October do not know weethe
after the death Of Mr. Taylor the Comptroller refere
these lists in tho first instance 10 Mr. Smith after tds
were received.
Q. Now don't you know that when the difficulty grey
up in relation to the Street Commissioners office after h
death Of Mr. Taylor that the charge Of these sts
as they received in the Comptrollers office,
given to Mr. Smith as as special duyf A. No sir, Id
not know OF any such violation Of law in the office
Q. l want TO know from you whether Mr.. Smit
was not the agent selected by the Comptrons
to take charge ef these Lists and see that the
properly passed through bis officer A. thin
not believe he selected to take charge of payment
made on these assessments; very frequently payment
are made before they are complete in law payments
for three four years he had charge Of what
Could not the Comptroller have sent for you witho
control over all the clerks in the ONCE never though
this intermediate agency on the part Of Mr. Smith 70
IN effect oHerrding my duty
accomplish there was No necessity for his sending Ties
lists to you by Mr. Smith, any more than there was for
me thai Mr. Upton used to bring me some Of these ss
q During the last eighteen months Mr. Smith was
the office did ne perform the duties strictly incident 70 u
connected with the Auditors duty.
O. DO you mean TO say you never heard murmur fros
any person connected with the office In reference to tn
duties Mr.. Smith performed while he vas there A
Never; have heard him say that he had as much as
O Wbcre WA, ,b,s bo., os Mr. sr,,b,s wbsr Won s,w
in the month Of january A. On the desk that he used
q. Who had IL in charger A. did not any
having particularly In charge; lay there in its usua
BY counsel for the people-o Can you state how Y,
assessment roll happened 10 come through the hands
Mr.. Smith, A. cannot, sir.
EVIDENCE 7 VALENTINE.
David r. Valentine was the next witness He tesiias
IL my hark Of MA max
roll these assessment rolls delivered TO Mr.. Smith
they originally sent to the Street Department but
difficulty arising there neither Of the contestants ben
recognized by the Corporation, declined to tes
that department but concluded send them 70 tn
Comptrollers office, and have continued 10 do 30 eve
since.
Q. To whom did you deliver that particular ones A.
have never personally delivered any Mr.. Smith Gale
upon and stated that be wished them TO be sent 10
Comptrolers Department, and he would that the
properly disposed Of 10 the various collectors III
might have been in July or August, 1857.
q. Do you remember whether any OF them were q
Ivsred 10 Mr.. Smith at your officer A. cannot spec
positively my impression Is that the nrst delivered
given 10 him. upon which occasion he said they wed
sent 70 the Cemptrollers DEPARTMENT, he would TIC
were properly taken care Of.
O. Can you tell a. 70 this one9 A. No, carnot
O. Who are the persons by whom you send them?
Ihave tEQ messengers who have brought these frot
time TO D. there is no memorandum kept by me in w
Office asVlo the delivery Of them; when officially s
them then give them TO the messengers 10 deliver
same messengers are with me now; this document no
shown me the original ordinance authorizing the
OF work 70 DO done; do not knoE any Of tho figures
handwriting upon II.
q. What are the names Of your messengers A. Nj
Parker and Terence Smith.
Cross examined by counsel for the defendan,s+ thin
never communicated with the Comptroller In relation
sending these assess ment rolls 10 his Office
Q. Did Mr.. smith tell you that be came 10 you BY
recton OF the Comptroller A. do not remcm ber
posed him 10 come with some authority, however, b
cause he wished me 10 send them TO him; took II ID
granted that he was authorized 10 receive them.
q. DO you remember his stating TO you that be WAS u
thorired by the Comptroller 10 tell you DO A.
best impression Is that be announced something Of III
character-thst he authorized by the Comptroller
told him that would deliver them to the Comptrolo
and would continue TO do 30 until was advised Official
10 the contrary
Comptrollers Office as a public or a private clerk
never officially knew, exactly, but always conceive
him 10 be rather clerk OF confidential character.
Counsel Tor the accused-rhat n so, and everybos
else conceived HIM 10 be heard hundreds talk OF
myself before ever saw Mr.. Smith.
y DO you remember how many rolls you detvcre
when you think you delivered rolls ~ him personal
A. DID not charge my mind With there might ha'
been four six.
O. DO you remember about wha, timer A. I do not;
probably might have been the latter part Of september
the first Of October, but would not Bay, because my me
mory is not fresb upon the point.
Q About what amount, as you could es.imst
II, has Mr. Smith brought checks 10 you for your signs
ture afer they we're signed by the Comptroller A.
could not susie
q 10 you know OF assessment rolls that werc sent q
recty from the Mayors ofios 10 the Comproers on
and received by Mr.. smith, being brought by Mr. Smn
10 you for correction A. remember that asses
ment rolls had been sent into the Mayors Office for
signature and by some they found their way oyd
10 the Comptrollers Office without coming 10 me;
oeYed them. Of course and gfve them Official endors
meh, and Mr.. Smith mought them back.
q You have been enjoned, have you not from recos
nziny any street Commissioner, A. Yes; think the
junction was served upon me in July
The further hearing Of the case then adjourned
next Tuesday.
The Last Hsrsford Embs rzIcmept Case.
he No Haw Fob