New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-02-24
THE ALLEGED FRAUDS IN THE CONTROL
LERS OFFICE.
CASE OF JAMES b. SMITH

The investigation before Recorder Barnard in the
case of j. b. Smith, late clerk in the CONTROLLER
Office, was again taken up yesterday at the private
Office of the Recorder, ex-Judge Whiting conducting
the cause for the people, and John Graham, esq., ap-
pearng for the defendant.
Mr. CHARLES Turner was called by Mr.. Whiting,
and testified as follows: am Deputy Street Commits
soner | was first made such Deputy under Joseph ).
TAYLOR and continued in the same office by MIR.
Devlin; witness said he was reapponted by Devhn,
but he did not think it necessary; Brannlgan Is
not Deputy Street Commissioner, but Chief Clerk
under Deviin; witness has not in his possession the
original contract for paving Forty ninth street, be-
tween the Sixth and Eighth avenues; presumes it ID
in the Street Commissioners office; the Street Com
mssioner's Office IL the same occupied by Devhn,
under the City Hall; the contract il not in Mr. Dew
Inns possession under his CONTROL 1t Is in room No.
A. Hall of Records, when witness left it seven
months ago. couldn't tell in what part of the office 1t
is it not in any place of which witne had con-
troll or of which he had the key IT was in the custody
of the contract clerk; his name is George III. Lynch;
Lynch is under Devhn; witness has not seen ~ n IN
some time: there assignments made OF the afore-
said contract; they were made in writing; witness
thought he drew of the assignm ,ntsi he thought
there were two assignments draw up; the last the
witness knew of the assignment he drew UP II W9s 10
an iron safe No. 4 Hall of Records; witness had the
key of the safe there only one assignment OF the
contract in the iron safe; Mr. Turner said he had been
served with q subpoena TO produce the contract III
court, but he said he could not get IT, as !ere was
an Injunction against his touching it; assignment
was from Conkln Sharp to John Fitzpatrick; witness
could not tell the date Of the assign n,nt.
Here Mr. WHITISG insisted on having from the wit
ness proof of the contents of the document or the
document itself.
| Mr.. GRAHAM objected 10 the witness te-tifyin, TO
the coItens of the document and 5ued lst COM
pelliDg the witness 10 produce the Original, a' 1t was
| bey ond his control.
The RECORDER decided that one OF the two kinds OF
testimony must be given, and after conversation
about the danger OF attempting to remove it from the
Street Commissioners Office, the Recorder vou altered
to 90 with the witness and protect him in attempting
| to get the desired document.
After few minutes absence, the Recorder and wit
ness returned with the ASST gnments in question The
witness then producing them, said one an assign
ment from Conkln Sharp to John Fitzpatrick, 10 con.
sderation of 81 for the contract III question, dated
Nov. II, 1866 there was also another assignment
from John Fitzpatrick TO the Bowsry Bank, in con-
siderRtop of 81 dated March To- 1871; the hrst as
Segment was left with witness by Sharp and the last
one by Fitzpatrick; the one to the Bowery Bank was
| left with witness, because Turner gave Fitzpatrick
| note, saying he had received il for tn I'm.
| Cfoss-examination by Mr.. Graha NJ have been
connected with the Street Commss ,ners office since
the sth of January, 1850; was appointed by John J
Dodge, and held through his term, also through the
entire term of Mr.. Fureyi Taylor did on the 9Th OF
June, 1857 had possession of the Street Comml'-
| soners office till the morning OF the 18th OF
| june Devlin was appointed on the 10th of June; |
kept possession Of the same till the 18Th of July,
aud then was suppahted 10y violence by Conover, who
claimed 10 be Street Commissioner no to the 18th of
| July, when the Assessment lists were confirmed BY
Mr.. Valentine, they sent 10 the Street Commis-
s,oners otbce and AN abstract entered the ledger
they then sent 10 the Assessors from there h the
| Clerk of Arrears this done from 1851 TO 1857 :
the lists were presented to the Clerk of Arrears; an
abstract was sent with the lists; believe the law
| compels the Street Commissioner 10 send the lists
there; they were examined a, d then brought back.
In reply to Mr.. WhitmG.I am not much acquainted
| with the handwriting Of Mr.. Fitzpatrick.
| REORGANIZATION by Mr. Graham-l was acquainted
| with Smith while he was in the Controllers Office
| aid some business with him; Smith had charge of a
e of books called trust accounts; before Mr. Smit,
came TO the Controllers office die t0.s business with
the Auditor Mr. Simpson | caanol remember how
the change was elected, hu: 1t vas made; 1t was
mad so,ne time in the middle latter part OF the
Year 1856; never knew what cerkship Smith fred
IN the Controller office; he appeared 10 BE- general
confidential clerk; rom my visits Z" me Controller
oaice Smith seemed to have the greatest ch4rse Over
the bu sin. AZ connected wth The Street Department
the Controller has referred me to Sunth when mad
business at his Office; cannot remember tne s'heih
| ch,n,t.r nj IA. business | did there bat ! went
! Their very often i. matter OF genera! rep'i'