The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-02-12

O. How many papers ha We you delivered to Mr. Smith
altogether for Mr. Hzpatrick9 A. do not know what
you mean BY papers for Mr. Fitzpatrick
q Yon say Mr.. Fitzpatrick gave you order in writ
ing, and you took 10 the Comptroers officer A. He
never gave but ono power Of attorney to collect
money.
Q Ard that is the paper you had when you wents A.
II was not printed torn OF attorney was the same in
!act, and authorized my receipt for II.
O. That Is the only written paper you took there with
MI FMzpstfick's pame cn iY A. That rs all cir
O. Did you take any other papers which he gave you
Inst bse DO, hts name ,hemS A. No, sir not that
remember now.
Did you over 20 at the request of Mr. Fitzpatrick 10
the off U collect moneys tor paving Forty ninth street
and Saxth aveDue9 A Ne, sir never
Well did you 60 at any time 10 collect the money for
paving that strec,Y A. No, sir.
O. DID you 30 at the request of anybody essY A. No,
@ Did you sign that receiptY Ishowns the witness
Q Did you sign il for Mr. FltzpatrickP A. Yes, sir.
Q How came you to sign that receptS A. Mr. Smith
Q Did you say that nobody sent you for the money!
never WAS sent there for any specific money, sir
was in my life
Q Did you have conversation with Mr.. Smith about
the mocey before he m~de out that accountP A. No. sir
Q. DID you him9 A. The general question was put
TO him. which 70 ask him there any ,ney for
me 10 cay; wanted to know If there money
coming the large number Of contracts which Mr. FitZ
patrick had.
Q. Well, wha, did you ask of him On thai day9 A.
cannot tell have recollection OF this particular dayY
2 Well, what did you do with what you received on
that day. A a; think gave it to Mr.: Fnzpa,rics
n 4
cepted for 1898 TO-
q. What did you receive 1t IN A. In bonis believe,
cir, one of them think q warrant.
Q There were three warran,sS A: do no. rem ember
what the particular bonds were, and do not remember
whelher got some bonds with il or not
q. Look a. your receipt A II does not give any
deecrip'ion Of the bonds; the re:cipt pever does.
Was that the first moneys you received for Mr.. Ftz
patrick A. No, sir.
@ You had received money for him befores A. Yes,
sir, frequently.
O. Was the day you received the money the time that
eak of A An nOty
member that was the day signed the receipt should
think not.
O. A. the day the receip. was signed did you &c. any
written orderS A. At the time receipted that gave
him written paper.
O. Dio you see Mr. Smith make out memorandum for
the Comptroller a. No sir
Q You never saw lhatS A. No, cir.
q What Office did you occupy at that timer A. The
same DO now sr
Was Mr.. Fitzpatrick at Xr Devlins office that dayY
presume he was; cannot Tell of my own knowledge
O. When did you get the bondsY A. cannot tell the
Gay is never customary in The office TO get bonds
the same Gay sometimes I've days elapse; do not
member how il was in this
q DO you know how It that Mr. Fitzpatrick did not
60 himself for the money! A. No, cir,
q Ia that the paper that you say you badp (showng
him the power Of sttorney.) Ipresume hat is the
paper.
g Sir, have you any doubt about ~ A. do not re-
member whether he might lot have given two papers
OF that kind have left two three papers Of the
krd at the bank and they retain them there and you
cannot get them bark agan.
Q. Don't you remember whether you delivered more
Than one in that oiceH A. do not, sir could not say
IND you S ever Sr see sc that paper {howns ing n state
Z. Did you keep any books for Mr.. FITZPATRICK A. No,
sir.
Q. Did you make entry anywhere of what you
ceived under that receipt A. No, sir:
. IL that the warrant you received (exhbitiag IL TO
the witness A. 1t may be, sir.
Q. Don't you know2 A. No, sir have way Of
Identifying It; it is the same amount and the same date Of
the receipt.
Q. Whose endorsements are those on the back OF III
A. John Fitzpatrick's.
u,a A n ,s,t IA L.
the bank clerks signature know Mr. Fiuparck's sig
Da,urc but DO not know the other.
Y Is II Mr.. DCv.ips writings A. No, sir.
O II shat Of the bonds you received (showng I,
to Mr. Brahsan) A. This bono for SO 900, dated sd
November; Presume this % one Of the bonds idont
.. there two others, do you know what becnmo
OF thcmS A. No, sir.
le this assignment on the back OF Of Dir. Fitzpatrick
in bls hac ~IitpgY A. Yes, sir
Ihd you see this assignment executed A. do not
rccollcct SIR.
Q. In whose handwriting is the assignment A. In my
own.
O And you don't know where it was signed9 A. II
might have been in the bank or in the Office DO these
thin IS so often that canno, remember it,
q whpt bank q Mr.. Deyhn keep his accounts in a,
that timer A. In the BOwery Bank
O. hid you ever the assessment roll for the paw ng
o Fory ninth stree. and Sixth before you went 70
get this moueyg No sir.
Croes examined by counsel for the accused--I have
known Sr. fitzpatrick for more than seven years very
intimately, and an strong personal friend OF a.;
of attorney he Interested four five
with the ci,y, ana IN about the number IN Nover
bcr 1857; did not read the receipt at the ne signed
A. learned from the papers threes ago what
the receipt have never communicated what IN u 10
sr Fitzpatrick; signed hsupposlog was all right;
have received moneys before from the ComptrOcrB OF
fee on his account presume there was another paper
with the power Of attorney whep deposited there
member leaving order Of The court st The CJmptroi
crs office; left II with Mr SIN tn got the bonds from
the stock clerk Mr.. Dycsmsn did bot wbs, ~.
been sp.ken Of have frequently seen him have bundle
al papers relating ~ the matters 10 which he Issued these
bonds do not remember wncn signed the receipt thst
this Forty ninth street contract frequently xho these
the hands OF the Bcwcry Bank, receipt
ed account OF them nj the Compr, ,efs Office; ~ tbs
signed tho receipt IN question bad no idea Of hos
much money was going 10 get
q HAD you at the time yon signed thi. receipt, any
idea of about bow much duo 70 Mr. Fitzpatrick
count of any of his contracts with tue cityf
objected 70, and objection overrulcd.
Redirect exsmipsiion-T did not read the order c the
Court b, fore len ~; svmc,ring lJe legal paper;
did not know was receiving money on aay partie' lr
CONTRACT don't know whether Mr. Fitzpatrick keeps any
account or not, and mover Kept any for him; nnvar
heard Of the Forty ninth street contract before
AT the conclusion Of the examination OF Mr.. 1ranigan,
counsel aud the Court held brief conference 10 when
they should meet again when they concudcd 70 adjourn
the further hearing Of the uGt Wednesday next AZ
l0 O'Clock, nj the Recorders office, IN cha1ocrs street
HIS Honor he would devote the whole ot the day
The hearing VI the matter In order 10 tnisb speedily
as possible.
HOW THE TAX PAYERS ARE FIEECED.
STANDING COMMITTEE on FRAUDs-THs FIFTY SECOND
tsrt ttN'itphp-a rIlefI bifffhtNiE
BETWEEN THE wITNEssEs-THs SEVENTY NIsrH
STREET CASE POSTPONED
The Standing Committee Frauds Of the Board oe
Aldermen yrt yesterday. Present, the Chairman Alder
man Adsuns; and Aldermen Tucker, Owens and Tourney
The Fifty second street taken up.
Mr. j. BRrcE asked IN the statement made by
Mr. Mcneil at the last meeting Mcneil saii II hs remom
right thai the Of curb ant guttor slo
square feet dollar foot charge, which would
make difference Of si sto-whilc The charge they
complained Of amounted only 10 81 800, that mol
accounted for in that way will show that tho whole
thing II fslsined.
Alderman rrcKKR-That is what want
Alderman SMITH ssid that the statement 4 little worse
than before. for order 10 make the snounis OF
requisi ion of the Street C~mn-soner aud the
rolls agree he figures several items had been
changed II very easy make documents agree by
that process He mspected the rccors, aud
that the paper be produced true cops Of e stolen
~ sment roll