The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-04-03

Bowery bank A. 1t was fcr the purpose OF getting u
detailed facts and 70 get the extent Of them he Ofss<
O. How long before the 26ih of December was Il val
ascertaned TIA connection of bis name with the notes
the Bowery bankr A. should think II was q month.
O. Why did you not suspend him as soon as you fir
knew the facssy A. My reason was, determined not
cut him CT until had clear evidence to justify me
O. Bow long before the aoth Of December dia yos q
the facts which inauced to cut him on on that day
A. During the whole month was getting them
Q. Why didn't you suspend him when you found n
proper wanted to afford him an opportunity. OF q
planning, for he protested to be able to explain It all
Q. De you to say that when he came on the 2Sd
November and made this state ment TO you, 70 which I'd
appended your fat for the issuing Of the bonds that
though you had heard from Mr. Emonds whist you ha
already testified n, you si'l treated him q you DID b
fore the reception Of that information A. still besv
he would nc. present false statement for me TO sign
@. When Edmonds communicated the facts TO yos
Smiths relations with the Contractors dd you not reA
that that ght eopardize corrupt his integrity in rcd
eDce 70 your A. did moi.
O. Was not because Of the temptation which you 81
posed these relations held out to him to be dishonest
wards you that you told him. the 26th OF DecembSl
that that part of bis conduct could not DO explained,
that you would receive no explanation for w
Objected TO- Sustained. Exception taken. u
O. Wss net Mr. Smith your confidential clerk9 A,
confidential clerk but not especially 30; conhd1
IN all the clerks.
you than the othersS A, No, cir, be WAS not.
O. Did you have any ether clerkto whom you delegas|
the discretion that you did 10 hims A. Yes, sir
".
feeling OF jealousy among the other clerks In
Of your psItslty for Mr. SMITH A. am not aware u
no complaints were ever made to me of that, and the
was reason for any jealousy.
Q. Who now performs the duty that he didS A. y
body.
O. Do you mean to say that the duties which he ID
formed have not been attended to since? A. tn b
been perfect stsgbaon in the business Of my office
consequence Of myself and clerks being engaged in nd
ing these examinations INTO frauds, 90 that have NOT
made my annual report
Q. Do you remember that be was unwen when n
asked him for his keys the 18th Of December A.
SIR, do not remember that; he expressed desire 10
horne that day consequence Of the illness OF bis vi
and father IN. law.
Q. Dill you give him any work to take home with h,
that dsyS believe that he told me ne TAXI
home roll for the payment Of some men on fixed d.
had promised to pay them they were some men vi
had lien en- job Of old ding; Smith said he WOO
lection tc his doing
9. Was he to bave brought the acoour. down o. 4
following Monday' A. ! presume SO; ne was " br
them down the next time he came.
o. Die YOU hear him tell M Cady when he came 70 \
Office Monday, after he discovered that you set Cal
over him 70 examine his work, that he would not scco
"a. You did rot authorize Mr.. Cady to catccbiss Id
A. authorized him 70 &c! explanations from Smith.
O. Did you not reason that II Smith consulted bis o.
selrreepect he would not suffer you 70 put clerk
hims A. No, sir. because told him would supernte
tie examination.
o. DID no, Mr. Cady toll you he refused to account
him because lie did not Ike another clerk to be over
A No. sir.
Y. MaS Mr. I6dy dueTent clerk Ii your ONCE
the 26,h OF December than he be;oreS A No. sir
Q. 10 you remember bearing him say on tina. Mond
morning tina, be bad not posted his books for tbs
months, and there might be errors in then A. do
reoolleot that he did, although he spoke of no, hav
posted them.
Q. Did you know that he wrote letter to Mr.. Pure
dated 3oth of December LAST A. knew he wrote
ter to him, but DO DO; know its date.
O. DID Mr. Purdy show il to your A. He did
q. Have you that letter. have not
Q Do you know where 1t isS A. presume Mr.. Pur
has IT,
O. Did you see Mr. Smith ancr he wrote tina, letter.
l believe did.
O. How long afterf I cannot tell, but it seemz
me he In the Office subsequent to that
@ Was it not a considerable time from the time Of
till you pext hims A should think he was In twi
and then the interval Of his third visit vas longer
Q. Was there not quits an interval ocfore be wrote
letter tc Mr. poIdy and wher you next saw him.
q nd you no, undcrsand tia, during this interval
bad been alex with rheumatismf A. don't reco,l
hearing AIRY particulars about bis illness
q. Would you knew this letter II copy OF II "
shown your A. think would.
U 10 you remember the statement on which you ms
your Eat OF Nov. % 1887 A. Not from my recolect
OF Il al the time u The transaction, but from seeing
sinoe recoliect what II contained:
q. Doyou remember OF Smith handing you any oil
paper stthe time ths, statement was given to you A
do roi
Q Would you pretend 10 say that he gave you tina. sta
ment alone, or that be did not also have other docume
there before you nj tina, tine relating to ~ A. sho
net
u Has you seen The Assessment list In relation 70 IX
wrrk before that, A. Not to identify II separate fr
other tnts.
q You had seen II, thought A. hal seen the bun
OF Snents In bis hands.
o. We're ibcee iss pu; IN Q place where you bal acc
10 them at all trussf A. They not considered as
pcrs be orging 20 the Finance Department. snc tn
only temporarily.
q How lo1si A. No longer than he was enabled
,rsnsrribe then.
@ They were no. there for several days or wecksi
No, cir.
O. 10 yon know whether, whom you signed your ia,
the bonds ;hs; the words - Fxt. " ID :" were on
s'sitmentS A. Il should suppose they were, but an
positive
O. In issuing bonds had the stock clerk no duty to
form beycno the mere issuing OF bcpds3 A. That
II Nj iecsmsn bad not approved the sta,emen,
fore your ia; for issuing the bonds pm, upon A.
fore the bonds actually Issued. should be not Ia
satisfied hmsea OF the correctness Of the stremenl
locking into, or comparing with the other documents
Objected 10 and sustained.
q A, the Of this statement how much, n any,hb
was due hr. Fitzpatrick On the 23d OF November, ~ |
from the Corporation under various contracts Ia VIII
be was inter estsd, by the Surveyors youchersY
Objected 10, and ovcrrulcd
A. don't think anything was due him but on the %
laDct street iron pavement and the Bowery extentk
e23 coo upon the Bowery extension and $4,000 on
iron pavement was Gil that was due him. the Fou
avenue think there was nothing due him, but there
Claim Of 81 600 or % 600 which do not recognize.
Y DO you deny the validity OF the ffty second
Ffy seventh street contracts and refuse pay any
Bey on themf A. Partly, perhaps
q. Did you never any orders OF the Bowery n,
between the GUNNER OF 1857 and the time OF Mr. Smt
leaving The Office. That deposited Va your once
Mr. Branngsn directing the paymes Of moneys TO Br,
nigan that due 10 the bank the contracts assign
10 Ihernf A. have order authorizing the boz
10 be delivered 10 Branniear.
Q. What order ives thar A. think 10 is In relation
The f23 600 mster.
q when old you zee tbs, ORDER A. Aser Mr.. su
len.
q. Where wssh' A. II vas kept In the dssk
q. DO you know where that order is' A. Il Is h
Office
Q Did you never zee any othsr' A. I may have, be
do no, recocct no~.
q lid yoa eyer see any powers OF attorney from VI
Patrick 10 Devn between the summer ofrsbT and Smiu
leaving The Officer A. don't recelleci seeing any th
were usually taken and kept by Mr.. Turner.
Y. Have you never understood In any way that the
we're powers OF attorney during that interval 10 ys
office from Fitzpatrick 10 Devlin, beside the po~
from Fitzpatrick " Branngsni A. may have heard
powers OF attorney TO Deviin, but don't remember.
q. When you took the kcyu OF Mr. Smith q desk 10 VIII
did you deliver tbem3 A. To Mr. Cady.
Y. We're you present when Mr.. Cady examined
Smiths desk and safe2 A. Yes, sir.
Y. How long after you gave him the keys did he 90
meDcc the oxamina,oss A. lie wont Immediately ~
tho examination.
q ND you take part in that examination A. Yes,
" Gould you say that you saw every document in
desk and safe 90 Mr.. Smith len thomf A. No, sir.
U Are you not IN q great measure obliged 70 rely W
-hst Nc. Csdy told you as 70 what was In the desk
safe A. Yes, cir.
q Fave yo, no reooIleciiop Of The different PAYNE,