New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-02-12
r. =. ,ou 20 with til A. To the Con

trcler's Office n, Graham and rr,.d an,
Question objected to by MI '"''1 Ou'
'y the NJ G'Tn au speak to .n' ia the Controllers
| ofice' A. don't recollect "a Office s,.,t 10
| O Did auy one in the Controller I'D -. ="
| vou7 A. Icannst recollect that any o.,I. pr
| tcular occasion | went there go freq. 01'' 'as'
| could NOT describe that visit particularly. -.
@ On Mr.. Fitzpstrick's business, before thu, ''n7
| A. Yes, Sir. ,
| Won went there with the order A. do not renep-
O. What did you do with the order A. / gave it
| 10 M Smith, / presume. i do not remember dis
tincty; did 30 much Of that kind Of busness tina,
| | do not remember.
@. Did you deliver to Mr. Smith any other papers
| At the time A. do not remember.
| @. Your memory is not very good then, is it A.
O. Did you say anything TO Mr. Smith, when YOU
gave him the order A. don't remember, but pre-.
| sumed did
Q. Would you know the order again If you saw it
A. ] think should.
o. Did you ever take any other orders for Mr.
Fitzpatrick A. presume did he never gave me
but one power of attorney to collect money; only
took one written paper with his signed to it,
O. Did you ever go, al the request Of Mr. Fitzpat-
rick TO the Office of the Controller to collect money
for paving Forty-ninth street, between Sixth and
Eighth svenues2 A. No, never.
q. Did you 60 at the request of anybody else A.
No, Sir.
q. Did you ever collect any money for that work
MI Graham objected to the question whereupon a
receipt book was produced by the prosecution and
hunded to witness, whose attention to particular
entry was directed.
Q: BY NJ. Whiting you e,ersign thstreceipt!
q. Yes Sir.
o. If Mr.. Fitzpatrick did not send YOU for money
on this contract, how came you to go for it a.,
Question objected to and ruled out.
Q. How came you to sign that receipt a. NJ.
Smith requested me TO sign it,
e. How did you know what amount you were to re-
ceive. A. | never sent for any specific money;
in my life; | would ask Mr.. Smith if there was
any money for me- As there was money coming to Mr..
Fitzpatrick for different contracts.
q. What did you do with the money you received
that day A.. L cannot say; presume gave It to
Mr.. Fitzpatrick.
So TO- 0" nat Is the 'H'u"' "" '''''' a.
O. What did you receive Il in A. In bonds and a
warrant, believe; the receipt does not describe it.
q. Was that the first money you had received for
Mr.. Fitzpatrick A. No, Sir; had received money
often before for him.
O. On the day that receipt was signed did you give
Mr. Smith the written paper order at the time. A.
Yes, Sir.
Q. Did you see Mr. Smith make out the memoran-
dun for the Controller A. No, Sir.
Q. What office did you gil at the time A.. The
same that do now.
O. Did you get the bonds on the day you handed
the order! A. do not remember whether got the
bonds that day not.
Q. Why did not Mr.. Fitzpatrick go himself that
day for the money A. / do not know, Sir.
q. Il that the paper 1.-THE order being here handed
to witnessl you handed 10 MI Smith that day A. |
presume il 10 the same.
O. Did you ever before that paper? a memo
randum made out by Mr.. Smith. A. No. Sir, not
that know Of it is statement OF Mr. Smith to tho
Controller.
Q. Do you keep books for Mr.. Fitzpatrick? A.
No, Sir.
Q. Did you make entry of the money you
ceved for Mr.. Fitzpatrick anywhere! A. No, Sir.
q. Is that the warrant you received lone handed
to witness A. 1t may be; the amount Is the same.
Q. Whose names are those indorsed upon it ? A.
The Of JOHN Fitzpatrick and Charles Devln are
@. Is that one of the bonds you received Zone be-
ing handed to witness. A. This is bond for s1,OOO,
dated November %. presume this Is one OF the
bonds but do not know.
O. Is that Mr.. Fitzpatricks asst gnment on the back
of it? A. 1t il.
O. Is il in the handwriting Of Mr.. Fitzpatrick A.
II is, Sir. 80
O. DO Won know the one before il ? A. do, Sir.
1t is Mr.. Charles Devlius assignment to Hawlcy
and Bradford.
@. Did you know the assignment was executed A.
! did not.
Q. When was the assignment made there is no date
on 1t A. No, Sir, there never is.
Q. Where did Mr.. Dcyln keep his account ! A.
He had an account at the Bowery Bank
Crosse xamined by Mr.. Graham-Q. How long have
you known Mr. Fitzpatrick A. More than seven
Q. Have you been intimate with him ? A. Veryn-
innate, Sir.
q. Are you strong personal iIehu' VI "o' 80 49,
Sir.
O. Do you know how many contracts with the city
lie interested in at the time lie executed ths pow"
of attorney in April, 1851 A. Some iSar or Tvs'
q. How many was he interested IN ID No'emoeI,
1857 a.? A. About the same number.
Q. Have you any idea OF the aggregate amount oil
the contracts he was interested in in 1881
Mr.. Whiting objected to the question and Mr.. GIa-
ham cOntended that he had n right to show by thlS
witness that near $40 900 due to Mr.. FITZPATRICK
at the time the al, S23 We're received
O. Did you read the receipt at the time you signed
il A. No, Sir, never did. -
O. When did you first know what was in that re-
ceipt A. Some three weeks ago, when first saw 1t
IN the newspapers.
O. Did you know positively what was in the re-
CENT until was exhibited here the day before yes
terday7 A. | first had intlmation OF 1t from the
newspapers. and then saw it here the other day in
that fern.
@. Have you ever communicated TO Mr.. Fitz-
patrick what is in that receipt A. No. Sir
Q. understood you to say that you signed tnat re.
ceipt, supposing ii to be all right Is that SO! A.
@. Had you ever received money before. from the
Controllers office a. Yes, SIR.
@. In now many instances! A. cannot ten III
numerous Instances. ,
o. Have YOU in any instance paid attention to tue
contents Of the receipts A. No, Sir.
Mr. Whitng-He says he never read them.
Winess--No, Sir, never did.
Mr.. Graham-Have you any idea when you ae-
posted the order. A. No, Sir Il. c.o,o
Q. Do you ever remember carrying an order IRON
the Court and leaving it at the Controllers ONCE
A. do. wa, A.
Q. Who did you leave it with? A. With Mr.
Smith !,
O. How long was il before this receipt was signed
A. Some two or three days.
.. Who did YOU get the bonds from ca the O'uti VI
the Court A. From Mr.. by keman
Q. Who is Mr. Dykeman a. Tie Stock Cierk'
believe.
Q. Had you seen Mr.. Smith between that and s'Sn-
ing this receipt A. / don't recollect.
o. Did YOU see any papers that Mr.. Dykeman ma
when he issued these bonds A. don't ,ecollect.