The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-04-03

rieu hiOtg OF accomplishing this emf DE
affirmed that there in the Street Commissioner
Department al present whose business was deetroy
suppress and alter city Some OF the very facts
which had been proved during this examination the
results OF the preparation which those engaged
in NAL ing
The Recorder sustained the objection
q. From what persons you receive limitations dur
ing that interval conhrmatory OF your suspicion Of Smith
after Emonds communication and down to the furnish
ing OF this copy OF the assessment rolf A. solicited Mr.
Cady 10 see the receiver of the Bowery Bank, and
could be properly done ascertain nature OF the
transactions o. smith with that bank he did obtain Ger
counted by the BOweyy Bank which endorsed
by Devn; then had conversation with Smith, and told
him that any moneyed transactions with contractors who
receiving large amounts from the treasury were
wholly incompatible with the poston he held to me- that
which, he h.d possession o. and deliver over 70 MI Csdy
all the books which he had kept; that should have
thorough examination of all the matters, and that he
the affair, and in fact requested him 70 rcain; about
that tims-the day after Chrstmss-we oommenc
smith was the office several times and explained some
matters but came 10 matters which he could not
plain satisfactorily, and the last occasion no le the
ONCE saying that he had papers hts house which would
give satisfactory explanation OF the matter, aud that
would return on rocsday, but he did not then
went with the examination without him l had
the knowledge Of this case on Saturday on Mon.
day l directed Mr.. Cady TO ascertsn whether the
excess on this contract had been paid ($lo,OOo),
and to how II had been paid, whether by bonds
part money and part bonds; ascertaned that
bonds had been issued 70 the amount OF $l2, 500 70
DOQQ6 were l6suoQ
for the surplus; We issue one and five year bonds the
Eve year bonds being transferable the books OF the
Comptroller; found that the bonds five year
BEEN transferred on the osck by By fitzpatrick
TO Devln on the day that IT was issued by
the 0omP1Se was also Transferred ans to
10 another person; all these particulars took down as
they transpred and were communicated to me- ana sent
for the acting Dstrc Attorney and submitted them 10 him
10 take his legal advice what the proper remedy
70 set the matter right a. far a. the city was concerned
ADoq' wn ,hs WSs Of was
ali the memorandum TO the acting District Attorney,
who appointed hour that should come and make the
affidavit; that was the first official connection be had with
O. DO you know whose retainer he went TO the Bow.
cry Bankhe went with Mr. Cady to the Bowery Bank in
November A. At my solicitation Mr. Cady went there;
the acting District Attorney went as private citizen, but
not as counsel.
the question at sue and 0verruled the above question
O. DO you know how MIR. Cady came to take the acting
District Attorney 10 the Bowery Bank in November last
you do state all you know IN relation 10 the natter
Objected to and overruied Exception taken
Q. When did Mr. Smith leave your Officer A. AS near
recollect he LEFT within hour after took his keys
and papers which the 26lh December but with the
expectation that he would give explanations he
discontinued coming in December:
O. Did you discharge him? A did not, except in the
manner have mentioned.
Q. You withdrew your confidence from him A. Yes,
sir; be delivered up The keys.
O. Uptothat time can you name one speclnc charge
you bsd against hiroY A. don't know that can
Q Did you know at t1st time Of any specific matter in
which be bad been guilty OF delinquency A. No. sir.
O. Did you examine the books OF the office after he le
A. Yes; We have had a thorough examination made Of
them.
@. Have you discovered anything but what you here
charge upcn him A. Yes, sir.
Q. What have you discoveredp A. have discovered
several transactions that believe TO he naked frauds
O. Go on and sta what you have discovered, and no,
your constructor Of factsS A have discovered c.
Ellis's contract Fifty seventh street, the North
river, that bonds issued TO him TO the amount OF
% $780, and charged by Smith 10 contract on Seventy
before that at the tmo check msso put for
him the treasury tor 5000 charged in the Same II
Seventy eighth street. which had been fully paid months
before that subsequently, in this Contract Msssrs
Stewart and Ellis came In 10 settle this contract;
Smith present and examined and maze up
the account on Fif.y.seventh street. and made up
a memorandum for which Issued a bond 10 Mr. Stewart;
the receiver Of the Bcwefy Bank for 81 0o sud did not
communicate to me the fact that he had previously issued
bonds and cheek fo7 the to Mr. Eliis MI Ellis,
lieve had other work going on, and when called
gave receipt for the bonds, saying that Smith hsd no
bad been paid in full before then there Is this check
OF 81 COO which, far be asccrtaned h charged
upon pretended JOB that has no existence far
ascertain; IL OF the 18th Of November
that has Mr.. Devln's correct upon II
Q. wherei Is cbargedf A. II, charged in the book
kept by Smith the book In which the OF the
sessment cont acts kept
O. Can you recollec the particulars OF any o,hcrs' A.
There of $500 each, based apparently on
jobs which had no existence. which were paid TO smith,
and which bear every evidence OF being fraudulent
check was on the broadway Bank and another on the
Boxery Bank.
O. Anything elses A. There Is another case; a bond
TO r. Connolly, contract, which think had been pre-
the case; had either been previously paid or had no
existence that certain Of that believe went 10 the
Bowery Bank; amounted 10 about 81 800 or 81 900
. Can you specify any morer A. l could not do II
understsndiDgiy without referring TO papers.
Q. Within what time have you discovered these cases
you have saicdS A. At various timcs from the Lex of
January; since this complaint was made.
q. Have you discovered these yourselfS A. No, they
have been discovered by Messrs Cady and Sorrs have
AL Luar alo
nation.
@ Were you examined before this Committee on Frauds
on Saturdays A Yes, sur: did not that had dis
covered anything asains, Smith excep, wha, pro-
ceeding before the Recorder.
O. How many other persons involved in these
you have detailed, whether innocent guilty, besides
Mr.. Smith
Objected to and overruled.
O. Give the names Of how many persons upon the
papers entering into them and which necessary TO
enec,uate them besides Mr.. smithsS
Objected 10 and overruled.
Counsel for the accused sald that there much
against these parties "a against smith, and that was the
object OF the question.
from him there which he could not
then and did not Afterwards explain satisfactorily VIVA.
do you mean by tbstp
Objected TO and overrucd as tc answer was not per.
tpett 10 the issue, aud that II Is examination Of
matter called out by the counsel on cross examination.
2: Where was Mr. smith going when he eft the Office
Q How long after that did you next see Mr. smith, A.
Two three Gays.
o. What did be do when he Gamer A. He gave some
explanations that occasion.
O. I'D you believe them ali. your belief partial
A. don't know can that without stating tho
fact believed him far found documents 10 sus-
tain his explanation but there s 900 Of the s23
which he did not explain, and admitted thai he could not
explain, but he added at the me that he thought
he had mcmcranuums nj home which could explain II;
this on the inst occasion.
o. After his first return 10 the ofce on being formally
discharged did you believe disbeeve his explanations
A. think he said he would make satisfactory explanations
~ regard 70 the transactions with the Bowery bank bat
did not doso.
q Was he asked n make any, A. believe stated 10
him that explanation Of his the part OF the Howery
Bank would sa,sfy
q That 10 the very Transaction which the Rec order "a
nov exsmiblns1 A. think not
Q Did you include in that everything pertaining
10 bis affairs In tho Bowery Bsnkf A. referred the
fact or his having moDeyed transactions with bank and
with contractors who receiving thousands and tens
Of thousands of money om the treasury where connded
in bin W keep accurate accounts improper that
irreoonollsble.
Did you ask him n explain any thing that occasion
that you remember that he did not could noi9 A.
did not ssk him any questions NJ that time; he only
NAMED In the ocea short time day two afterwards
be appeared In the Office again. be maac indirect ailu
VI he