The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-02-24

Smith ~as made some time IN 1856 Mr. Smith appeared
70 De The confidential clerk of the office than
ese Mr. Smith appeared to have the charge
o. the AFFAIRS OF the street Commissioners Office.
v 80 Tar as you know, was it not matter Of general
report thsiMr smith was the main managing clerk
objected to the ground that hadn ohlng with
the case
Counsel for the Defendants said he proposed to show
nat the situation which Mr. smith oiled in the Comp
oilers office such would be likely 20 draw upon
I'm not only the jealousy but the Vaccinations Of the
her clerks and that they had got up this conspiracy
tainst his client.
Tee Recorder overruled the objection
Wtness-So far as the Street Commissioners office is
Nathaniel G. Bradford sworn and examined by coun-
se tor the prosecution, testified substantially thus
@ What Is your business A. ! was cashier OF the
Bow cry Bank was so in March, 1857 had charge
OF contracts between Mr.. Fitzpatrick and the Corpo
ratcu.
O. Who had, Them A. If the assignments came there
they in the possession of the President: had no
ledge OF them than the President would say
there assignment from so and So kept record OF
tAem If any was kept il was KEEP ,. the President
contract by Fitzpatrick for y. payfng Of Forty ninth
street from the Sixth to the nGsssA svenuep A heard
the Preside ut mention the assisnD of contract
and when they were received by the bank they were
generally received collateral notes that he would
get discounted; have no recollection of the President
Are you acquainted with Mr.. Fitzpatricx's handwrt
ing A. am not very well acquainted with it, but I
Bank, and so did Charles Deviin ana James B. Smith
Can you state whether Mr. Smith procured any note
Mr.. Ntzpstickst TO be discounted at tina, timer
counsel for defence-I object TO the question
foreign to this INQUIRY
Counsel for prosecution-I want to show the excessive
intimacy between Mr. Fitzpatrick and Mr.. Smith.
Counsel for defehce-For the purpose OF savrg time
will withdraw the objection, but object to the asking
OF such questions in the future.
The Court admitted the question for the present.
@ Was there any paper of Mr.. smiths or Mr. Devin's,
or Mt Fazpatrcks maturing in your bank along in No
vember or December, 1887
Counsel for oeence-That object TO- so far as Mr. Dew
lin is concerned Is he to be party to this examination
That lie ,poxr hatI
Counsel tor dsence-We are entitled to knox If Mr.
Deyin Is made party 10 this proceeding.
Counsel for pr oseo ution-We making the in
curry and the testimony shows that he anything
DO With the fraud shall call upon your honor hold
Counsel for deience-We don't stand any worse than
the gentleman who used TO indict all New York. and who
got much larger sum than these parties. (Lsughter)
Counsel for Prosecuton-Let them indic him If he has
got by means OF fraud (Renewed laugbter) If the
proceeds OF this fraud went into the hands OF Mr. Devln
we have right to show it, and also reference Mr.
othr and kept their accounts in the Bowery Bank Does
the gentleman appear as counsel for Mr. Dev!inf
Counsel Tor Defence-I DO.
Council for Prosecuton-Then, if Mr. Devln thought
necessary 10 have counsel 70 represent hun shows
that there must be guilt somewhere.
Counsel for Defence said that, in the commencement,
he desired counsel on the other side to conform strictly to
wse,ed 70 implicate Mr. peviin rather than the
defendants. The examination was not being
IeG b., NJ aa R manner He hsa
commencement OF the examination in order could
STOW by Mr.. Flagg himself that the accusation was not
anne, al the defendant but at Mr. Devlin If they aeg
ed Mr. Devn to be party 10 this proceeding and have
been participant in this crime, they should frankly
ayox II
The Reoorder-A this stage of the proceedings counsel
for the proseC luton has the privilege of asking ques
ter for the purpose of eliminating Mr. Devn and pre-
vents him (Devln) from being witness. understand
be has been subponaed by the prosecution for this pur
pose
Counsel for the Defence affirmed that this proceeding
got up for the purpose OF involving Mr. Deyn from
the first in this alleged crime whether guilty not aud
M Devn advised by counsel to the object OF the
prosecution soon after receiving the summons.
The Recorder observed that be improperly 10
counsel for the prosecution stating the course be intended
Counsel for the Prosecution emphatcaly denied that
the examination was gotten for the purpose OF nvov
ING Mr. Devn; but on the contrary IN pursuance o,
shdsvit o. tie Comptroller, charging man In whom he
placed implicit confidence, with defraudug the treasury
a 5000 II was instituted for the purpose OF arriving
al the truth This young did want this money
for himself; bus II turns out that Mr.. Devln decoyed
this person taking money from the city rea
sury to answer his (Devi,ns 81 purposes he evni must
bear the consequence The speaker did not know how
This case would ermnste nor exactly what connection
Mr.. DevlIn had with the matter.
Counsel fer Defence again asked counsel on the other
side to whether they intended To hold up Devln to
participation 10 this alleged fraud
Counsel for the Prosec replied by saying that
had stated several times he did know what connection
Mr. Devln had with the matter
Coopse for Defence said thai certain class OF persons
friends OF Mr.. Conover the rival Street C)mmssione
already burning about the OF Mr.. Dsvlin his
friends IL was for his Honor TO say whether he
conducting this proceeding unasssed by counsel, his
seLse OF propety would ALLOW the counsel for the people
20 proceed the manner in which he has done from the
commencement Of the examination.
Reoorder-l override the objection on this ground that
the prosecution may be able 20 show by testimony
the witness other person persons may be guilty Of
the conspiracy charge agans Al the defendants
witpess-Mr Fitzpatrick had note for 50 0cO, that
was with some assignment or collateral; don't know
what assignment that paper should think came due in
November, but IAN not certain; II had been told what
questions would have been asked could examine the
ledger.
Counsel for Prosecution proposed have the witness
examine the ledger 80 as TO tx the exact date.
Counsel for defence could objection, and Sr.
b. affords examination was then suspended 10 suose
queut time for the purpose Of ecug the facts derived
EyiDENCr oF JOHN I. DODGE
John 7. Docee was thea called, aud amer Affirming de
@ Are you cue Of the city surveyors A. am, sir:
the return OF qualities in this assessment roll made
vi BY me but the sppoytonment OF u l. made up IN the
Bureau Of Ass ssments all excepthe dollars aud cents
made up my Office the certificate Of quantity at the
bottom Il IN ny own handwriting was made up on the
1sih Of May 1857 think sent 10 Joseph 5. Taylor the
late street COmmssoner don't know that was request
ed 70 make up for was my cuiy 70 do So the other
wards.
Gross e1smined-I can't tell how long ! have
known Mr.. smith. ! have transacted business with
HIM. but none except receiving payment for ser
vices rendered as surveyor trust accounts on tue
other hand answering questions about returns made on
tust accounts; have been Cty surveyor about five
years was former Street Commissioner before Mr. Smith
came INTO the Comptrolers othce think was paid for
surveying by the Deputy street Commissioner don tknow
bat authority Mr.. smith called 10 ask questions
about returns but toollect occasion he said the
Comptroller wanted 20 know whether a certain item Of
rick not returned by me Lad been excavated that
about three mouths ago the contract under which the
inquiry wa made wa the regulating Of Hghteth street.
from the Ifth avenue % the East river; the con
usctor iohn S.kttsry the day certificate
Was given 70 me by Mr. Pills for regulating Fifty seventh
street aud question asked Of 10 IT, accuracy
10 regard ~ qusrtss thai made account OF some
compliant thai the Comptroller thought the quantities too
taiEe remember other instances used 20 be IN the
Comptrollers Office about In three weeks; don't
Know what clerkshp he hlled, but was under the i'm
precision that he had charge the trust account my
business with him only IN relation 10 Tie trust &C.
counts bot dont knos whether he had any other duties
% perform.
Horsto ~ Parker testified a. follows II one OF the
messengers attached " the Common Council was 80 in
October 1857 carried assessment rolls from Nr Naen
tine 70 The Compiollers aud street Commissioner De
partmeuis from october 80 1857 delivered those that
carried 10 Mr. Smith Mr.. Cady, In the Comptroer's
Office ! can't say tina, carried this shown me.
Coz seldom look At them generally delivered them 10
Mr. smith or NJ CafV