New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-02-24

q at Smith was the main managing nun uhhet Tue
Controller 50 far o. the business oil the 500 coh
missiCners ofnce was concernedi iSPe"A neie oH''
/ from nv own personal knowledge.
| Mr. Nathaniel G.. Bradford being mex sworn by
| the prosecution, -8ss-1 am Cahi,r OF tue b1Nery
: Benk was 80 ia March 1917 uld no, INV ca" e
of Assignments Of contracts between flHP'l'cA ahd
TIE CORPORATION: If such assignments came to the
Bank they were in possession oi the PRESIDENT n!d
not keep any record Of he as.gnmsot' though may
have heard Of them incidentally; han no hnp"lease
Of the assignment Of the Fortynnth- street payng
contract EXCEPT heard the President say they mad
an asst nmcn If contract, and WHICH, When re-
ceived by the Bank, wa- received Us collatetal Tor
some note 10 be discounted; have seen FtzPatTlck
| hendwritino ON checks but am not much acquainted
with il: Fitzpatrick kept an account al the Bowery
| Bark; so did DeyLn, and also James b. Smith.
Question by NJ. Whtng-Dd Smith procure Fitz-
natricks note to be discounted at this time at toe
| Bowery Bank Objected to by Mr.. Graham and OBJ
Tpop the following question by Mr.. Whiting, Was
| there any paper of smith or DevLn or fltzp Nncs
maturing in the Bowery Bank during the months of
October, November or December 1851 Mr. Graham
ob;ecting long contest ersued upon ts adrnss bity
when finally the Court allowed the question to be pu
upon the express ground that the prosecution may De
able TO show by the testimony of the witness that some
other person persons NAV be guilty OF the conspra
cy charged against the defend ants Smith and Ftz
patrick.
patrick had one note of 600 maturing in the Bowey
Bank about the month of November, 1857, but could
not say positively without referring TO the books.
Mr.. Whiting here suspended the further examina
ton of this witness till he could examine the bank
books in reference to Fitzpatrick accounts.
To Mr.. Graham-I could not tel whether the note
of e., 600 has been paid.
John 7. Dodge then sworn. He said-I am
Of the city surveyors made up the return OF tue
assessment roll for paving Forty-ninh street. with
the exception of carrying out the column of dollars
and cents; it made up on the 18th OF MAY 1851;
was not requested specially to make it up; il a
part Of my duty TO DO it, delivered il TO Joseph S.
Taylor.
Cross-e1amined by Mr.. Graham-I have known
Smith year or 80; have done business with him;
the chief business did with him 10 receive payment
from him for services Surveyor on that account;
have been city surveyor nearly years. was the
former Street Commissioner; before Mr.. smith came
into the Controllers Office was paid for Surveyors
services through the Street Department paid
by the Deputy Street Commissioner; one occasion
Smith told me the Controller wanted information
whether certain item Of rock not returned by
had been excavated; this was about three months
ago; it was under the contract for regulating aud
grading Eightieth street; John Slatterlce had TIE
contract; at another time Smith wanted TO know
about the accuracy of the contract; think he made
the inquiries because the Controller objected to the
quantities Of work alleged TO have been done; an
occasionally in the Controllers office; don't know
what clerkship Smith filed | was under the impress
sion he had charge of the trust accounts.
HOratio n. Parker was then sworn. He said-I am
one Of the messengers of the Clerk Of the Common
Council, Mr. Valentine; / was SO in October, 1857
have carried assessment rolls from Mr. Valentine to
the Controllers office since Oct. 80, 1857; delivered
them either to Mr. Splith or Mr.. Cady; cannot tell
whether gave this 1.-THE one handed to him by Mr.
Whiting) to Smith or Cady; gave it to the the
other.
At this stage of the evidence the examination closed
for to-day and the further hearing Of the case was
postponed to Wednesday next week, at 3 o'clock D.
m, before the Recorder, at his Office in Chambers
street.