New-York daily tribune., 1858-03-31

| .lould a. all tires be- respected. Where ther 10 sl
| exar ,n2.ion II "a alleged tlHt proposed witness
s,snds IN such posItioD regards tue prosecution
"a ugee .e II Le j party To- be az matey affected
iereby sno that that prosecution IL set on foot by
comulauan. sclely, or BY compainsut acting viii
tthe- Il bit fair AID just sna N ace 1rdance witt
the general spirit u laws that such person b.
| erle uo. only b. have the complainant examined
| but also tce whole case OF the prosecution gone
trcuel with 70 that he may kno" the full extent Of
ne charge. AID evidence which are 10 be brought
| bef,eLe Limset shsll be sworn a.d examined. -
i II should clearly appear by such examination that
| the proposed witness the real party aimed at by
,ews before expressed nc co2ld not be compelled &
| testify.
| Crmira Courts ae not instituted for the purpose Of
obtaining private etds nor IS II me cuty OF criminal
prosecutions g. TO obtain in sl cases, if within the
range of possibility, conviction, wthOu regard t.
the real facts c the case and contrary TO their honest
views: but 10 conduct thfrn with all fairness tOTard
tie accused u such that the truth be il in
favor Of the prosecution favor Of the defendant
| shell predomnste. Under the circumstances Of this
case it is but fair and just to said Deyn, well a.
euineutly proper that the complainant al least should
be examined before said Devn. not only 10 give
M Deylin al the protection that he rightfily
require in this behalf but also to relieve the pro.ecu
tion from ary impuaton OF endeayorng by underhand
and unfair practice, TO compela in effect to testify
against himself in o criminal prosecution. The com
paiLant being proseLt and easily procured and deem
ing that injustice can arise to the cause Of the
people ~ tIls customary
Of procedure in these examinations therefore direct
that the complainant be examined before MI. De,lir
be swOTB a a witness.
These remarks of cour'e 40 not apply where the
complaint car not be found or procured
Nj. Fl ACC was then called as witness. and cross
examined at great length by John Graham, coua-el
for Mr.. Smith.
which he set up the bass of this Charge of c)n
sp.acy to defraud the city out of $1,000 on the fr
OF second Saturday of the meeting Of the Committee
Frauds Of the Board OF Counclmen, but can't re
collect the precise date: had Information OF fraud
before he went there but did not get the particulars
this must be six weeks since; the first he heard
of it from a clerk lie believes employed by Mr.
Conoyer; never heard his name Mr. Smith had left
the Controllers office for several weeks before this
tine thinks this was not the first positive intimaton
of anything against Smith had the first intimation
from f. W. Ednonds, formerly Cashier Of the
Mechanics Bank, who has examined the BOseIy
Bank affairs this about the time efforts being
u ade to resusctate that Bank and before Mr.. Smith
left the office, Mr.. Edmouds came to find what re
6Ice could be placed on the assets OF the Bank and
asked the Christian name of MIR. Smith which witness
stated and then Mr. Edmonds said that j. B. Smith
had pretty extensive transactions in the Bowery Bank
connected with ofthe contractors Mr. Edmondss
ii;lm6tiCn vas the first which made witness suspect
that something wrong with Mr. Smith.
The counsel for the prosecution objected 10 this
mode Of examination At length the r. coIdeT decided
hat this mode Of que stioning was improper.
NJ. Graham stated tina, he wished to find the motive
OF the opposite side. He argued that Devln had been
put in prison to make ConOver Street Commissioner
against all Jaw and srder. That this was conspiracy
against Smith ana Fitzpatrick, to incupate Mr..
Deylln and thus give the Mayor of the city pretext
for ousng him from his Cice, the decision Of the
Court Of Appeals should be known in his favor.
The Recorder ruled out all testimony concerning
Deylin or Ctnoyer
Mr. Flaeg, resumng. said that he solicited Mr..
Cady TO examine the Bonery Bank, as to MIR. Smiths
operations: he did So ard found that Smith had notes
in TIE Bowery Bank ndorsed by Mr. Dcvlin: he then
had conversation with Mr.. Smith, and told him that
aDy money transactions With contractors, who were
receiving large amount from the City treasury were
wholly Incompatible with his relations to Mr.. tlagg,
and that he (Snh must give up the key of the safe,
AID tha ot n!s desk, and de yer over to Mr. Cady Gil
tie books be in possession Of that there should be
a thorough examination of all the books, and he
Smith should have opportunity of giving ary ex-
paua0n when he GesiIei TO make; about Christians
the examination was comnenced in the cOurse .
it Mr. Smith was III the office several times and ex
plsired some matters but he caue 70 matters wh ca
he could rot explain atfsctoIy and on the last occa.
sion TO the best OF Mr. Fleggs recollection, h left
the offce end said he had papers at his house,
which he would bring the following Tue lay
(t was probably about the latter part OF the wees
which would explain the natter-but he did not
come; the examination proceeded without hun; many
thrgs were found which could not be explained III
tley struck upon tie cage the Morday, Mr. Flags
Greeted Mr.. Cady to find whether Sae ex-ess or the
contract lOUUU contained IN the charge mac been
paid ana whether in bond, in money or III botl; ~
was hscertained that three bonds had fn issued 10
the amount OF Sl2 500 which was pay to the con-
tractor, and a warrant was Issued lor .he balFcei
these were found TO be yeyear bones, ano Il was also
found that one of the bonds S5OOO hai been trans
relf,d on the back by Mr.. Fitzpatrick TO Mr. De Via
on the day was is sued by the Controllers that It
also transferred to broker in all street on the same
day, ana subsequently 10 another person all these
Yalcuiars witLess took down as theg transprec aLd
cent Cor Mr. Whiting, thsn acting for the District
Attorney and submitted them 10 him to take his legal
advice to what the proper remedy was TO sci me
mater rgnt far "a the city was coLcerued. thls
81, . gay +hA Atfl1 n Ia
january; wtness then gave all the me norandudr
he had made e. Mr.. Whiting, who took them to
the D.sti .At.orre! 5 office; this was Nj. w hIst
Official correction with the matter, so ia Is witness
knows up he time of Smith dismissal witness knew
of Lo .recifc matter in which he had been guilty Ct
nelinquercy, ASIDE from rumO.s. has had pretty
thorough exam nation of the office books ma lie .rOn
the tine he le down 10 the present tune. ana has
discovered several transactions beside this, "ch ne
telieYcd 10 be naked frauds. he had discovered On
M C. C. Ellis contract Fifty-seyenth street, near
t.e North River that bonds were issued to hm to the
amount of $500 and charged by Mr.. Smith to con-
tract ON Severity eighth street, for which NJ Ellis LAD
bsen paid many moths before that at the ame tine,
deck was made out Cor him on the treasury for s6o
aud ;hs. IN the same way that subs: 9uently and on
tie same contraot Mr. Stewart AMI Mr. Ellis came IN
10 settle thereon; Mr. Smith WAS present aud examined
ami made up the account on Fiy enth street, and
mate Up q Memorandum on which Mr. flseg issued
bCri 20 Mr Stewart as Receiver Of the Bower! Bank
fl = CC0 aud he'd not commune to Mr. fsgs tLe
act'ha nc Lai previously ssued TO Mr.. E1 the sA's'
Including the check referred to- ard ther there was
this check Of $500 hat as lar as could be asee;-
taIel, upou ob that had no existence ths vas
The warrant that had Mr. Deylins ' correct ~ the
back Of il / sas charged IN the BOOK kept by Mr.
Smith ana wAcn hsi the sccouL: of .hs asss ->'nent
ClI'raCt: ,lcre were Two her clses of sou 54C-,