The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-03-05

By oousse fos dssence-fhs books Of The bank ere Ia
tina bank building. ana have never been removed.
lers oCe going to examine these booss A. Yes: Think
Mr. Csdy before Smith left the Comp,roer's olce,
~ rns rss mao ,s. W. gn
cond third time; learned what il was The second
time the first time he with counsel for prosecution
the second tina he alone Il might have been i've
six weeks after the first, can't tell whether saw him
after the second time he looked at accounts the
Bill Ledger got permission from the Receiver or some
body authorized the gentleman who represents the Re-
cever there think, Mr.. Csdy stsd but little while
do not know at whose accounts he looked cant tell the
time OF day the note Of Mr. Fitzpatrick In the bank is
Paid heard Mr.. Fitzpatrick claim that the bank
owes him. he ia entirely responsible man; from my
knowledge Of him the sum coo would not prectate
him into crime.
The Recorder thought the question improper
the counsel for prosecution objected.
stances would $1,000 be likely 10 preciptate him into
the commission Of q crimef
Counsel for the prosecution objected the Recorder
ruled the question out the groundsthe last being that
there was no evidence that Mr. Fitzpatrick had committed
crime,
accused, and the Recorder decided that the question
which had been before reserved might now be put
fSowins The receipt Of bonds and money in this coatrac
CT about much due Mr. Ftzpatr OK account
all or any Of his contracts with the eisys
Counsel for prosecution objected
Tho Recorder suggested the substitution Of the word
"knowicdge" for the word ''idea-"
Counsel for defence adopted the suggestion, and the
question admittedthe counsel OF prosecution OBJ
Jecting
timer A. The certificates presented suppressed
in the returns remember the amount from the certiA
Gates the amount was $3l 600
Counsel for prosecution objected
Witness-I presented two certificates, which got Rom
the Deputy Street Commissioner, Mr. Turner, TO Mr..
Smith, with the return tho usual wayI mean
the Surveyors return the amount about $Sl O0 the
amount about that 70 my knowledge; should say
900 or $4,000 Surveyors returns over and above
that
O. By counsel for prosecu.on-I presented the cerua
for the Sl4 900 also to Dir. Smith, there
were, should say, two or three making that sum;
should cay three.
Q. Name the amounts
Counsel for defence objected, and the Recorder ad
mitted it.
Witness-I do not remember the amounts.
@ Can you name the contracts to which they relaed9
Counsel for defence objected and q long desultory
gument ensued, in which the counsel on both sides in
dulged in considerable extraneous remarks
The Recorder admitted the question and the counsel for
defence objected.
The question repeated, and the witness answered
that he knew upon what contracts they were based
they were in relation to contracts Fifty second ar
Ffy streets as FAR as remember cannot nam,
the Surveyors can't tell who gave me those three papers
the surveyors could lot give them to me.
Q: Who could or might give them2
Objected 10 and ruled cu.
O. Why could NOT the surveyors give them to your
Counsel for the defence objected and the Recorder ad
nitted il.
witness-Thoee papers are the distric. papers
Counsel for the ceferce objected TO the question int.
mating disposition TO dstrust the Witness and cla.meC
that that spirit had been manifested all along
Wtness-ThOse two papers were from two distinct pso
pe they could not have can6 from the Surveyor because
the other documents drawn BY the Dupuy Street Comma
sioner.
O. Did you deliver 70 Mr. Smith a document from th,
Deputy Street Commissioner besides from the Survey
orr A. Yes delivered three from Inspector three
from the Deputy Street Commissioner; handed him fo
those Sl4 coo these six papers; left the papers will
him; Mr. Turner gave the three papers from the De
putty Street Commissioner don't remember where go
the Others whether carried Thorn with me; If carriet
them got them from the Surveyor the irst two cert
for the s3l 900 for the contract coalt
not tell which received first; think the ISL 600
those $l4 010 not presented at one time; the 1--WE
certificates for s3l COO delivered to Hr. Smith
think together, in September 1857 those for the sl4 O
were delivered at separate times; should say the whole
affair extended August, September and October
November; don't remember whether delivered any il
November do not remember the Of the Surveyor
| on the s31 900 certificate.
After spicy debate between counsel TO the time for
adjournment, the case was postponed 10 Thursday n
L III o'clock