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

patrick COntln ued-CrOsw-E xomination Oh
the Comprehensive Manner I'm which He
Discharges His Duties Related by Himself
-His Confidential Clerks, Sc, sc.
The examination Of Jas. b. smithfor merry Of the
Comptrollers cerks-whc it is alleged has defrauded
the city treasury continued yesterday in he General
Sessions before the Recorder All the parties concerned
in attendance promptly at the hour fixed for COM
menclng the proceedings loH ocock) but an hour was
lost consequence OF the counsel for the prosecution fail
ing To attend When he arrived the OF
Comptroller Flagg, the complainant, was resumed.
O. Mr.. Flagg, last adjournment speaking
Of this Of s23 900 issued to the Bowery Bank
the 18th Of October, 1857, to show that Mr. smith
counted for Sl2O 600 Of that do you to claim that
sll 900 were issued the bank which had righ,s
Sl1 600 issued the bank and not charged 10
| any account
O. Do you TO say that the sli 900 paid 10 the
Bowery Bank we're paid to it wthou. any right on its part
TO receivehp A No, sir; cannot say that ,o.-
the Bowery Bank was the creditor Of the Corporation
der various assignments TO much larger amount than
| $23 DOOR A. 1t may have been 70.
O. Can you not give US idea of low much was due
the bank by the city, as 10 note to margin that the
Corporation had right to issue2 A. There
assignments that the bank held at that se in die
rent jobs; could state the condition Of scms Of them,
think, but It would involve the necessity OF stating the
| basis on which make my calculation.
Q So far you know give us tho amountP A. Well,
think on the Fifty seventh street contract according TO the
report Mr. Even made at perhaps there would be-
SIS Q00 the Fifty second street contract which was
another that assigned to them don't think anything
O. they claimed some $1,000 or $4,000 the Fifty
second street contractS A yes sir, and considerably
than stated the Fifty seventh street contract;
there is great difference In the estimates allowed be.
| tween the surveyors.
they claim than you have mentionsds A. According
to my recollection they claim by the surveys Of Mr. Dyer
and the certificates Of the bead the department and Mr.
Turner In the aggregate SIG ooo; Mr. Ewen's ccmpuA
ton according to hts surveys, would be ISL Goo speak
OF the totals out Of which large would he paid
O. Cannot you give idea ia general terms whether
ssco eco or $4,000 we,e due the bank tae lin Of
October, without specifying the ilsmsS A. think the
bank had assignment! Of the Bowery extension con-
they claimed that e;Ssrin October or November,
! So, GOO.
O. Then understand you to say that by this pAymsnt
of $3 GOO 70 the bank the 18th OF October the city will
lose nothing? A. do not know certainly thA; 1t would
O. Has it lost anything by thu. payment Of s2s DOOR
A. cannot tel whether II has or not, Is exposed think
DO you charge upon the bank any collision with Mr.
| Smith to obtain this $29 eco improperly FROM him. A
think the facts warrant that charge, but oaut say that
| MADE any charge
O. 10 you mean TO charge that the bank connived with
him at drawing out this tl Geo tor improper puposeY A.
think the facts that have TO my knowledge
rant such charge; have no; made any charge; In
speaking Of the bark are aware an speaking OF The
persons who acted for it, far they came 10 the Office
Q. 1.-THE sll 900 I'D over to the bank and vas
not entitled 20 that sum, did II not reneer Itself obnoxious
| to criminal charge by retaining ~
Objected 10 by for the prosecution on the ground
tina. IL called legal opinion, which the witness
not exert in, also because that suoh question
| could no. be answered nteliiebly by the witness.
The Court sustained the OBJECTION and an exception WAS
| taken
| O. In relation 10 this matter ofMr Ellis Mr. Fsgg at
the time these amounts of s. 800 bonds AMI check for
$6CO charged to the Seventy eighth street
not Mr.. Ellis creditor TO the city 10 a much larger
| amount than THAR A Yes, sir
Q To what amount A. That contract was also assign
| ed 70 the Bowery Bank.
O. To amour. he a creditor TO the city;
| In the neehborhood OF $4,000 A. Il was probably
double the amount paid TO him. IT wac think, 81 900
| $4,000.
@ When were these amounts paid bin, or the So 900
| ard the sf0of A. DO no, new rcccec, The dz,e.
| O. In wbs, mouth was 10: in October A. IL Was pre-
vcus 10 hat could mol answer tina. without referring "
O. DO You charge Mr. Ellis with having oousprsd with
Mr. Smith 70 obtain this amount Of SO 800 improperly from
objected 10 and objection sustained. Exception taken
Q Has the city Lost anything by this payment 10 Mr..
Objected To. Sustained. Exoeplou taken.
The Recorder sad be would rule out all questions no,
bearing upon the guilt CT innocence Of Smith and Fiz
| patrick
Q. In re..on TO the transaction you have spoken of
between Smith and Connolly had Conoy been contractor
| with the CorrorationY
| Objected "a and sustained
u In relation 10 these two amounts OF $500 that you
have poken Of when were they drawn QUIZ A. don't
| o. Was II last faliY A. I cannot locate the dates
q. Had Mr. Smith at the time these moneys appeared 10
have been paid 10 him no discretion about paying oat
money from your ottcer A. don't re'oieet that be
q. Were there not from time TO time different small
| penses your cfrce which he had discretion about
| meeting or paving A. None in 1857 that recolleci
o. You don't mean say tba; such no, the fact
merely tina. you don't remember ~ A. am prc.ty posi-.
| tive that he had not IN 1857
O. Is your recollection SO good that you directed Mr.
Smith 10 draw these two checks you would
Der amid all the multiplicity Of the business OF your Of
O. when gu signed the warrant for Fitzpatrick dated
18th November, 1887 amounting TO $3.50 81, did you
read IL A. very rarely READS warrant; mot remen'
| Der reading
@ Is your belief thai you signed this warrsnt without
bong coRpizsnt Of It's contents Mt he timer A. have
doubt they stated to me by Mr.. Smith at the time
u II hc told you that this amount was collected Tor
work the Forty fourth street contract you able
to remember that there such work done doing for
the city at the tiner A. No, PROBABLY not
O Did be produce no voucher TO you at the time you
signed H. did you sign without any evidence of s
correctressY A. cannot remember individual cases,
unless there something particular at the
/ me 10 mark them, but the custom ras--
q You have 20 recollection nov of what transpised
when you sgped this variant A. No particular reco-
I lection IN that individual Gaze.
O. during Tire time OF thess 'ranss actions, had you no
| bookkccpeIs IA your oficef A. Yes, sir.
/ O Who werc tteys A Mr.. Smith snd Mr. Pinosney,
! O. Were the duties Of bookkeeping In your Office so
onereus h Mr. Pnesney alone could not discharge themS
Objected TO. Objection overruisa
A Mr. pinokney could not seep all the separate books
/ In the different bureaus.
lid that on, Of his deficiency, there
much Bookkeeping for an experienced Dookkeepers
Objected 10 and sustained
o. Did you NOT assert = committee Of the Councilman,
Few that they could possibly keep tie
coun without falling into errOis anything Ike that
! A. don't recollect
q no you remember the committee, consisting Of Mr.
franklin and two other Counciln that examined into
the Affairs Of your Office 10 the Of last fair A. Yes
| sir.
O 10 you remember stating 10 tina, committee that
errors Of this description must In your Office, be-
you had not sufficient force 10 prevcut thcms A.
No, cir.
o md you complain tc that committee, any Of them,
that you bad sufficient forco 10 keep your pooksS
objected 10 and sustained.
Of that committee on about Octobsr last that
there sufficient force Of clerks ia your OH % ~
keen correct books and hs; Ia the books OF your
Office usre therefore Unavoidable
Objected 10 and sustained.
In The month Of November last there sufficient
force 81 clerks Office n prevent tia Of
any In all the departments Of your oflce7 A. Yes
sir.
o. n anything contrary Thai communi sated 10
the Board OF Councilmen, II wan not fact A. Not in
l. nv