The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-06-03

TIE Alleged Frauds I'm tAe Cemptrollsr's
Omcs.
EXAMINATION OF SMITH AND rIrxrAvRIcK-DDCrsI0N
or TIE RsooRDn-J b Smith HELD TO ANswns
CHANGE or FORGnRY.
mo preliminary examination Of jas B. Smith and John
Fitzpatrick charged with oosspng 70 dsffsud the city
Of sloo which has occupied the attention Of Recorder
Barnard during the last three months, was brought 70
CLOSE yesterday by the rendition Of IN elaborate dscsoa
His Honor oommsoces BY giving ress~as Of The mode
IN which The city contracts made for tho doing Of
certain work. and the manner Of payment therefor, and
proceeds thus
me- ...sssa co.:ps.cy s.s rs...c. % so...so. for
nues G. sharpe TIE original contractor, but the CON
tsc assgnsd 70 dsfsadant xpasrick mo contract
The manner in which n d alleged the ooasplrssors
thought 70 accomplish thsr purpose that the do
Fendaat Smith, then beng enpoysd IN the oonptrolisrs
tbs book should in d abstract q this Forty ninth street
ssa q: 50 - g make
the amount Of The contrast price read Sl2S2S 10, instead
q 1913 10; and should thsa present this absract
In order 70 sustain he charge x Conspiracy, nsoss
sssd Or oooosrasd Or Connected osehsr in an endsavor
TO commit some unlawful oct. charge Of conspiracy
cannot % sustained, although y may DO oonclusvsy
act UNLESS proved that east one other was
way crminAly connected with him IN the endeavor
Ss. I e ss ~ a1
peso, with the intent Of deffaudns the city out Of
1000 ys: that was done for the purpose q obt..ins
the money for his use and without the knowledge or
seat Of Fitzpatrick the charge Of conspiracy could MOI
DO sustained against either Of the defendants although
snesher and gavsr charge might be against the de-
beosmss therefore material inquiry q 70 whether
ne ooy svdsns. fop tho "r
cstioa this branch Of tho case is, that Fftz
patrick was the ss'!snes Of tho contract, and 60.
two bonds Tor each one for $780, and check for
balance due in the Forty ninth contracts that his
agent Brannisan, who received these bonds and
sAis check gave receipt for them which wa s. in
y 20 IN payment for tho Forty ninth street contrast
defendant Fitzpatrick had q that time been Interested
nsys coming him from other contracts, his receiving
and using tho bonds and check would have been strong
:ss Of viii "
tors witnesses show that defendant Fitzpatrick was
due him II this time from tho city II least $4,000
TAkng all the facts and circumstances proved In this
tspack received the two IS bonds supposing they
payments account Of the amounts due him on con
taos ohsr than he Forty ninth street one and the
duo him on the Forty ninth street contract, with
out any knowledge or suspicion on his part Of
procuring and serving Of the order OF the Supreme
Court (Which In it, provisions providing for security 70 be
gives by Fitzpatrick for tho payment TO the receiver Of
the amount he claimed to be due and for assignment
Of the CONTRACTS and reference 70 ascertain the amount
due tho receiver 70 be held ater the assignment, instead
Of providing for reference nrst and assignment aer
wards payment of the amount found due, out of
the regular oourssl must have boon for tho pur
pose Of moro speedily obtaining money due on one
or moro Of the contracts mentioned In that order.
Fitzpatrick, whom these two 200 bonds brought
To him BY Branigan few dayS amer the service Of this
order, might reasonably suppose they were payments on
account OF some moro of these contracts- Not
only do the facts and circumstances proved mot
ciude the hypothesis Of innooenee on tho part OF Fz
patrick but consistent with that Hypothesis and,
seems 70 me, inconsistent with any other.
In conclusion, his Honor says-Upon these vews-en-
tertAnnx the opinion that defendant Fitzpatrick
wise with the interpoaton-I must direct the
discharge defendants chArgeof conspiracy
In the Of this investigation, however IL has be-
apparent 70 thai defendant Smith has fraudu
leauy altered public record kept in the Comptrollers
oce which constitutes the crime CT forgery the second
deSroe- therefore, order him 10 be held 70 bail In the
ssn a s5 900 70 answer for this offence.