New-York daily tribune., 1858-04-16

sny par. OF s,rce Or i, say ,noney to be
paid thereon.
On October Q. 49,, a warrant We drawn urOn tie
Chamberlain in the handwriting of the esid J. Il.
smith puIpotiDg TO be for the bs.roe duo for regu.
hating FortysecOrd street between Tenth and
Hudson R'tr in favor Of the BOwery Bank assignee
1T il in6Orsed with the words "Pay Charles Deviin
"esq., OF order; Enooh Dean, psf" and with the
name Of Chsrles Devlin in his hardwrting. This
warrant was paid by the Chamberlain.
AT the same time thst this wsrratt was obtained
there was delivered to John Branigsn, who also OBJ
tanned the warrant an Assessment bond for 81 800,
executed by the Mayor, Aldermen and Commonsity oi
the City OF Nev-York, and payable to the Bowery
Bank or order. This bond was gwen osleusioly icf
the same account az the said aforementioned warrant
and il ia believed WA delivered by said Brangan. or
said Dean, 70 said Charles Devlin. .,
Tie original contract for the work last eforeeslo
remely, the regulation of Forty second street. D.
tween Tenth avenue and the Hudson River, was msds
With J. b. Monell, ard came TO W. A. Cummings a.
assignee. Said Cummings assigned said contract 70
the Mechanics and TIadera Bank, and On the . ...n
day Of February 49, the balance % due the tGdre%s %a
namely. tie sum Of q ,OO was pald 10 the sao "io
cbancs and Traders Bank
Neither Charles Devhn nor the Boweiy Bank ever
had anything to do with that contract rs assneS OF
otherwise, and never had any right 10 any iThey uuu
thereon. They certainly had no Tight TO sucn money
after the payment in full as aforesaid.
YTTH.
On October Q, 1857, warrant was drawn on tne
Chamberlain in the handwriting OF the salo y; D.
Smith purpo1ipg to be for the balance due for work on
Seventy eighth street, between Third and Flh ave
Dues for tho sum of $693 Co. in favor OF Z. Y. Es'
Said warrant ir indoreed with the words "C. =. Els
Charles Deylin. These words are then stricken
through with pen, and the indorsement G.. {. Ellis
ia written above them. Below Is the indosement
Chsrle- Deylip in his handwriting. This warrantwa
At the date last mentioned, namely, October ?,
1851, no contract existed with c. c. Ellis for any
work on Seventy-eighth street between the Third and
Fifth avenues, or otherwise. There had been con.
tract with him for that work, but he had been paid
in full on the 18th doy OF February, 1857.
At tire same time that the said warrant was issued,
m assessment bond was aso issued ostensby Tor the
same account last aforesaid for the sum OF $3,'0O.
No receipt can be found for either tho warrant or the
bond.
On Oct. 10, 18j7, a warrant was drawn in the hand
writing of the said j. Is. Smith, purportng to DO for
amount collected for sewer in Fortieta street, for
the sum Of s. li6 G5, in favor of the Bowery Bark
The warrant is indorsed with the words Bowery
Bank, Enoch Dean, President, in ink, and IN pen.
ell with the letters own. ID. S. & Co." In has been
ascersined that Charles Devn received this warrant
and obtained the money upon it. The warrant was
afterward paid by the Chamberlain.
There in October last no sewer constructing IN
Foreth street. and no contract therefor IN which the
B0wery Bank az assignee or otherwise, or Charles
Devlin assignee otherwise had any interest, or
with which they or either of them had any connec-
ton and neither the Bowery Bank nor Charles Devin
had any right claim to said warrant, or the money
obtained on it or any part OF 1t.
SEVENTH.
On the llth day Of November, 1857. warrant upon
the Chamberlain was drawn in the handwriting OF said
j. Il. Smith, purponng to be for account collected Tor
construction Of sewers Forty yfouh street for the
sum Of $500 u in favor Of John Fitzpatrick. 1t
purpors to be indored by Fitzpatrick, and certified
underneath tue Endorsement of Fitzpatrick name.
"Corect, Charles Devlin," in lis handwriting This
do, teb hy lie lin IN his
Broadway Bank, on the 1ith day Of November, aud
was paid by the Chamberlain.
An inspection of the books and documents in the
Controllers ard Street Commissioners office shows
that the original contracts for Forty fourth
street were entered into with other persons who per-
formed the work and were paid early as 1856.
Neither Fitzpatrick Devln had anything to do
with the construction of these sewers ~,
The of DevIin testified before Recorder Darnard,
on the fourth day of March last that the ndorsemert
Of Ftzpatrcl's name upon that warrant was IN tue
handwriting Of Es father
TIGuIH.
On the 10Th day Of October, lNj1, the said John
Branigan prese nted at tho Controllers Office note
frcm t.noch Dean authorizing him to receive cent ain
assessment bonds for the Bowery Bank, and on tn AZ
day there delivered to him, IN accordance with
said authority seven Assessment bonds to the Bowery
Bank for the cum in the aggregate CT $4,000. These
bonds all bore date Oct. II, 1871. 1t is acerta aimed
that these bonds to the amount OF 300 were re-
ceived by Charles Devlin, and two of them, to the
amount Of $1,000, have been presented at tue Con-
trollrs Office, assigned to said Devin, under da'e
Oct. II, 1851 and bearing subsequent Assignment,
sigred by said Devln in his handwriting.
An examination of the book in the office OF the Com
trcller discloscs entry in the handwriting OF sad
j. Il. Smith by which Sl2,7OO Of these bonds Is
charged to Il contract Cor the construction of
in Forty seventh street made with Hugh McCabe.
This leaves Sl 200 of said bonds unsccounted for,
and there Is account in the Controllers office to
which they properly chargeabe and if it shall ap,
pear that the said Sl270O is not chargeabe to said
contract with Hugh McCabe, then the whole amount
of the said bonds s23 900, is unaccounted for, and
said bonds are properly chargeable.
Mr. Devlin undoubtedly knew, or had reason 10 be-
lieve, that these bonds, or some of theiD were unau
thorized, were given for money not due, and even
fraud upon the city.
On the 10th day Of October 1857 an Assessment was
confirmed by the Common Couucll for paving Forty.
ninth .rC et from the Sixth to the ghth avenue and
la, ing ciCsswak the westerly side OF the Sixth
avenue fer which work &. Sharp was contractor, but
who had assigned bis contract to the said John fitz-
patrick The total amount VI said contract was
S2S!3 10. Said ae-o ssInent and the amount thereof
entered tie Ledger Assessment contracts in the
Coptrollers Ciice. Subsequently the amount WAS
naudu!cntly altered by placing before the figures
Se23 ~ the figure as 10 make the total amount
Sl!,S!3 10, instead of 81 Sti 10.
Aftcrward, the 2;d OF 9th day of November,
lsJ, sad Smith presented q statement TO the Con
troIeI SHOWING the amount due on the said contract
t. be 81 S3 10, as aforesaid and there there
upon issued to ssG John Fitzpatrick therefor three
sessment bords, two for $1,000 zach and one for
$500, and check given to him for the balance II
S23 TO- One Of -sid bonds for 81 coo assigned by
said Fitzpatrick TO said Devin, and afterward as
signed by sald Dceln, under his hand 10 swiey
Bradford, and was by them again assigned to onl
Jacob A. Robertson, who, On the Sd day Of December
1871 presented said bond the Controllers Office
when Cancelled, and another issued to the said
Robeitson in It's place.
The check for s!3 10 indorse1 by SAID F.lzpst