The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-01-31

because was trust account, but because 1t not at
Was not their duty to attend to it if you wished t9
| A. suppose WAS
2. Would You designate Smith general clerk in your
| Officer A. Well, yes; he did whatever desired him
this particular service expressly required hm to do,
was not willing it should remain undone.
| Q. Who appointed the auditor and his assistant 4.
The Common Council appointed the Auditor, and he ap-
| pointed his assistant
Q. Butthey were both confirmed by the Councn2 A.
| believe they were.
Q. Mr.. Fagg you appointed Smith l believer A. Yes
rather took him the suggestion of Mr. Purdy, as
wassn his bureau; Smith Of the four appointed
was was snd g, bis Is father and . sHen 1Gx
Were not his duties .s responsible if not more 80
than that OF any officer in your Department. A. Yes,
| quite oonsIble.
Q. You say he furnished the abstracts which youI
Q. Was not that the Auditors businessP A. don't
know that was his more than any other PERSONS whom
| might have directed TO do it,
| Q. Have you an employee named Ewen Surveyor A.
veyor appointed as the others and when want any
| work done employ HIM or his brother, or others
A. No / apply to the street Commissioner when want
sometimes inserted in the cootract that the work
therefore, has some discretionary power but the Comp
troller has that know Of.
Q. How are the surveyors pads A. Under the ord
| nance according TO certain prescribed prices.
Q. have you ever eInpoyed Even to superintend work
done under other surveyors? A. Very extensively, since
Tsyiors death and up " the present time, employ him
to measure the 10 per cent Jobs when partly done, to
see whether the certificates of the Surveyor have
| estimsted the WORK done.
1 q Did you pay bin? A. Yes.
9. Out Of the city fundsY A. Yes.
Q. To what an,ountP A. can't cay now but can re-
O. Mr., fagg, where did you derive your authority to
pay Mr.. Even from the city fundsY A. don't know that
can refer Any ordinance; considered necessary for
the purpose Of saving the city from heavier losses
Q. Then you coDsaer that you have power to appoint
| such persons without An ordiuances A dol do.
Had you any reason for giving control Of the r1st
accounts ~ other person than the present Au0lt
A HOua M q to
| matters as Lively a. wished
Haye claims Or eoasrsS.s been granted BY the audi
ny Aape yon suy wa of proving that they are not
| right otherwise than the face OF them? A don't
know tnat have; the ordinance Of 1854, With regard to
TIE 20 Per cent charges contractors with the amount
paid al the of per cent annum which adjust
ed and taken out OF the account when the contract con-
| hrmed.
except 10 keep this bookY A. don't know thxt he did;
with regard the payments the Central Park di
the PARK FUNDS that was settled by Mr. Cady and the &C
counts kept Smith have been In the haot of handing
the stationery and other such accounts Mr. Cdy 10 look
| over, and sometimes TO Mr.. Dykeman.
Q 10 you consider the present Auditor competent for
cannot 40 the whole of it, and the slme to his asss
! tant.
| @ Can't they both perform the dutys A. No; audit
great many accounts myself Mr. Tmpson in the habit
Of sepding persons look their accounts OF
late the accounts have greatly increased and the
| tants have not been increased in prop ,rton
q. Did lot the duties performed by Smith under
the head the Auditor and his assistant A. They might
have they had the power TO perform them; but they
| wanted help.
O. Did you think that you had power under the charter
TO appoint clerk to this dutyY A. thought had the
TO call any one OF them TO perform any OF the
| duties OF the Office
O. Would not the proper have been TO appoint
Smith ASSISTANT audtorf A. did not consider that
had The power to make new office; once appointed
additional assistant during Mr.. rmpsoD's Illness aud
Common Council demanded to know whether had any
psrsop whom had right 10 and had 70 remove hun.
| O. whepP A. After Mr. Tmpson's recovery; Mr..
| 3 Ar
stay, but told him that could not keep him after
| promising the Common Council to dismiss hun.
| Would not be safe u have let Smith hspd the
abstracts the Auditor for before presartng
them 20 your A. 1 don't concc We thai il would; sup
posed thai he made the abstracts from confirmed cer
cac- did think that he would forgery and
trusted in him; thought, of course, that his abstracts
Would you not he better satisfied IL the abstracts
were presented by the Auditor tnan by clerk not ap
pointed by the ordnance A. We would trust
the other have been deceived you see, both
cases have sgJed warrants coming from the Auditor
though I'M 1uio no intention oil wrong-~hch think
| ought not have been signed.
Q How did you that fsctP A. In the case Of
Hben a requisition made out by the Street Depart
mebt and signed in the confidence that all right
| even in the Street Department had our
department OF ascertain Dg whether right wrong
O. But wouldn't you feel satisfied II that abstract
came from a man IN responsible official positouS A.
mans confidence don't depend on his oicia poston
depends on mans integrity the whole matter is he de-
4 ceived me
Was there any time when you had no confidence in
Mr. rmpsouS A. Iasays had confidence in him.
q. Was on those grounds that you employed SMITH
Oh no, it was iroma belief that tho labor required
Q Could contractor receive a greater amour, than
was due BY The city the C,mproller looked into tho
contract book, and Compared the different with
the last warrants A. The contract book In the Street
Commissioners Department, the books there
ranged 10 tun the figures in the warrant II knew Smith
| was deceising me- would have him 10 tbs Office OF
assessments then he could have compared t have
been signing Iapers Cor nriy years on the confidence in
O In making ou, these certificates was not the audi
tors duty examine the work on the contract A. II was
l un roubtcdly smiths duty.
@ But Il no, the Auditors duty alsoS A. Yes any
| one who audited the account.
u You authority for giving Smith the same
control az the AUDITOR A. did not him the
control but gave him services 10 perform which
slider had right 70 do. can audit myself
q Have there been ans other defaestons by
other members Of your department, except SMITH A.
| Q Did you ~ say on the last day that you
thought there were other persons mpcasedS A. did not
| say So
Understood from some Of the papers that you con
veyed that idea That's all, Mr. flsgg We will adjourn
l now.
Mr. FI.GG.-I think proper 10 state here that con
sidered the case OF Smith, In regard To the
when got clue, maze AFFIDAVIT, which smith
arrested for conspiracy. We examining other
about which do not deem proper 10 speak unii
we get the result Of the present ma~. Every paper
connected with this $4,000 transaction has been put out
| Of the way, or at all events we can't and them
| Mr.. GEsEr-Mr Flagg, where did this $4,000 go W
| DIRECTLY
trick and recepted by person named Brannigan tho
check is Charles revns; Devlin put ne power Of
attorney 10 receipt all claims coming 20 him fAled,
sumo, by Mr.. Devln) TO Fitzpatrick, but don't ind
this original contract supposed 10 from Sharp 10 fz
| patrick.
Mr.. GKSEr-who examining the books in your oaDceS
| A. Mr. Cady.
Q. Any otber pcraousS A. some assistants
q. Who are they9 A. Mr.. Sorrs, who helps him part
Of the time. With regard 70 the surveyors, said Mr..
faeg, We employ sometimes Mr.. searlc or one Of the
| Ewens
The committee then adjourned 10 Saturday next, at two
O'Clock p NJ Mr. Tagg said that be would get any in
formation be cou d. lay before them in the exami
| nation Of tie case.
| Coroners' Irqucsts.
SUICIDE ny SHoonSe Tho Coroner notified 10 hold
an inquest yesterday afternoon, at the Smithsonian House,
| in broadway, upon the body OF named Charles
u