The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-03-04
The Alleged Frauds in the Comptroner's
Office,

Smith asd John Fitxpstrsck before the Rs-
e"raeu-F whence sf Charles Devlin, Jr., and
JOHN A. .Ssawart-Attemps ofCounsei f0r the
A3.assd 70 Prove Conspiracy against
nAys w ed and Charles Devlin, on the part
81 IA. prosecution, under osver of this pre-
ding. &c.
res examination in the case Of J B. Smith and John
Fitzpatrick, charged with enbezzling from the Comp
osrs Office, was continued yesterday before Recorder
bASAAsd at bis private ONCE There were few but inter-
esseA parties in attendance.
CHARLES DxvIIH, Jr, first called for the prosecu
toa and testified folows-I have particular oocu
patton engaged in any business know John Ritz
par'ci have known him as ling a. can recollect any
body; be not relative Of oars; am the son OF Mr.
NJ. Fitzpatrick write, and know his handwriting:
Job. TSsp.rieS, and sndorssd BY him, for S. 7Si So
that ndorsemens in the handwriting Of John Fitzpatrick
q. Do you know whose /. Is, A. think Is written by
ny father.
Q DID you see him write ~ A. No, sir, did not see
Q Did you ever have that before in your hands' A. l
% not think have sir
may have deposited il !here.
II you dh, from whom did you got hS A. / could
Q Did you have regular deposits thereS A. did, sir.
Q For vhom2 A. ~ father.
Q. Anybody else2 A. do not thiEk did, sir.
O. Why do you think that Is written by your father9
A. On account Of the similarity TO his handwriting.
Q 1.-THE check was Deposited in the Broadway Bank,
Q Was ever returned 70 your A. do not think I
ever bad in my hands before.
q You could state you had the ticket Of dcpoea A.
he uchs. Is in your handwriting, you could state,
counsel for accuscd-I object
whether you Deposited Il Or nots A. Yes, Sir
Q Do any bc5y else but you make depOsitsf A. Yes,
@ Nobody elses A. Sometimes the messenger, Patrick
Dev and he only made one deposit he Is no relation Of
Of nS y sd
- write Mr.. rtzpatrich's name on a warrant
Jo.u sr.v!RI was ne1t called BY the prosecution,
Bash was appointed on the Sd or 9th Of November do
not recollect precisely
Q. Al The time you were appointed Receiver did that
bAsk hold an assignment n the for paving
Tsty ninth street, from sixth 70 Eighth avenueeS A.
cannot say, sir, whether il did or not
Have you received At any time any orders Of court,
papers purportng 70 be such ORDERS for the assign
ept Of that document 70 Fitzpatrick or anybody esef
Q Have you found in the bank any book memoranda
showing the spe'ial loansf A. Yes, SIR.
COUNSEL AccrTED-I object 70 tins testimony until
know what IL is Intended for.
O Have you e1amiDed the booksP A. Yes, sir.
OOprsIL ACtJeKp-I object 10 the prosecution OF
this inquiry unit, know how il is related to the case
The RAcoRDKR-l suppose it will be connected after
wards
COUNSEL AocrsED-But does not carry any visible
meaning
COUNSEL roR THE PROSECUTION course not, the whole
Aing At present invisible and want 10 make visible;
We msy that these gentlemen wanted money 70
pay debts aud at this time wanted money.
OOuSsKL FOR AocrsED-Whom do you mean by these
COUNSEL PRnBCUnos-I mean Mr. Smith and Mr..
Nsairick, and 70 charge them with having needed this
Corssn FOR Accrsrp-Then is TO show that they
heeessitous2
Tes dmOny con1nued-o. Have you brought the book
Q. Any Abstract' A. No, sir; was no, advised what
informal anticipated, merely received note re-
quesns me 10 come here TO be examined for few mo-
nonu
Coussn roR AocrSp-Mr. Cady sent you the notes A.
COUNSEL FOR PHosrcrnoS-At my drecton'
CouxsxI soR DrEycE-Of course he would not move
without your direction.
CorrsKI FOR PRosEcuUoS-As Devlin would not move
Wrrsrs-I found no book or memoranda that would
b my becoming the receiver.
EIsnrsKp ~ couysxL FOR AocrsxpH-Q Do you know
sm.ins resosdsi A. Yes, .ir he did on one occasion
O wben2 A. In November last
O What parp A. think it was somewhere about the
Q what was his objcct' A. rhatq do not know, sir.
O What did be Disclose TO your A. He came in com
pAny with the counsel for the prosecution.
O. What did they do there' A. They looked over the
o We'll. Sha, elses A. I think that was all, sir
@ Was motive disclosed by Mr.. Cady for this vis9
A. The disclosed by the counsel for the prose-
Ooryruu yoR PRosrcrnoS-Ask what was
oorSSn AocrsxD-I have no doubt you took oc-
casson 70 decorate and make out what was Probably
CAdy would have decorated 30 much. Usughter)
How long they thereS A. Not TO exceed fifteen
minutes
Q We're they In pursuit of anything affecting himY
Tns RpooppE, ruled out this question as Irrelevant
~ strike Mr. Devn and this meaps s taken for the pur
pose OF getting him witness 10 state facts which could
Dot otherwise be gwen, and then turning upon him and
have o right 70 show that fact by this witness can.
The REcoRDER-The evidence must be confined To the
main issue otherwise will have q long examination
CouysuI ron kccrsKp-I hsve n rgh, 10 show that this
VsoAstuton ss w against two nominal persons for the
purpose Of getting al another party.
he Rgcs RpKp-Thst question must be raised when MI.
Corssui roR AocrsrD-If we show that this is merely
Intended 70 get Mr.. Devlin into difficulty proper we
have INFORMATION as 70 the object Of this prosecution
CorrsI PRoeKcruoS-You have no Information that
= correct
Corysgn FOR DurSsE-n Ia correct, and shall not al
bow Mr. Devln 70 be sworn and shall advise him 10 re-
fuse to answer any quest, here TO refuse 70 submit 70
sh jurisdiction the ground that the aveln has been
manufactured for him In Intended strike him. And
satisfy your Honor In the examination OF this
sIeSed 10 this prosecu,ion Am mistaken shail allow
NJ Devn 70 be imprisoned for refusing 70 answer and
shall bring him up on haoess corpus 70 Ascertain
The RscoRpEa-I shall allow the question 10 save
ume, though do not think Is proper.
Testimony continued@9 Were they In pursuit OF any
CorssrL ron Psos c,noS-whst docs he know about
CoursEl yon Duxscp-I have right TO cross examine
shis witness in ny own way II be don't know what they
were In pursuit or let him say so do not want the
Court and prosecuting counsel 70 find brains for the wit
OouSsu FOR PRoeucrnoS-I object 10 the question
Improper -
Oorrsu poR Dryxrc-Tnen I don't know how 70 put
M RscoaDsR-I have heard you put SO many thai
mclined 10 doubt that
O. Did they inquire for anything concerning Mr. Deviln
a The counsel for the prosecution informed that he
wished ascertain how many OF Fernando Woods notes
hAd been discounted at The bank for Charles Devn; he
Uallo otx~
that he wished 70 investigate the books for the purpose
Il aecertainins that hct, and declined not knowing
whether was proper 70 do not neither OF the gen
slemcn being stockholders Of the bank. Being subse
sueny applied 10 by two stockholders for permission 70
make such examinaton-the stockholders names
were Mr. Bartrand and Mr.. Hesly-f consented.
O. Was II stated what the design was in looking for
notee connected with Mr. Wood or Mr.. Dcvinf A. No,
Gk.
o What WA the object a. stated 70 you2 A. do not