New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-02-12
THE ALLEGED FRAUDS IN THE CONTROL
LERS OFFICE.
TIE INVESTIGATION IN TIE CASE OF J. d. SHIT
RESI- MED.

TIE INVESTIGATION IN TIE CASL OF j. b. >NiiH
RESUMED.
The investigation OF the alleged charges OF fraud
against Mr. j. b. Smith, Was resumed before Recorder
Barnard Yesterday afternoon i'll the Court OF Sessions
room. The prosecution proposed first to examine Mr..
John Brennigan which was opposed by Mr.. Grahaui,
until Mr.. Flagg should have been placed on the ssn9
and cross-examined by the defense. He contended
that the prosecution was bound TO examine the com
painant in the before producing any OF MS VIII
nesses.
Mr. Whiting on the part of the prosecution IN re-
NV said there was nothing in the statutes that pre-
scribed that course that they were at liberty 10 eA,
anime him first or last they deemed best calculated
to promote the interest of the public 49,,
MIR. Graham contended that the statutes DID pre-
scribe that the complainant ID the case shOud INST 10
examined, and then his witnesses.
The Recorder remarked that although such course
usual, the prosecution might nave goou motives
Tor acting otherwise which he had no night TO inquire
into and he would not undertake to compel the pros
ecuton to interfere with the order in which the coun-
sci for the people had arranged to produce their evil
dence in the After noting the objections oi MT
Graham the Recorder directed the examination OF the
proposed witness TO proceed.
John Brenngan, sworn, and examined by hr. W mt.
ing-Q. What is your business A. am the first
general clerk in the Street Department.
Q. Under whom A. Charles Deyln.
O. Is that all your business! A. les, Sir that Is
all my business.
o. How long have you been the clerk of Mr.. Dew
linz A. Ever since his appointment, ON the 10th or
18th of June last.
@. Have you ever been appointed clerk or attor;
nE Of Mr.. Fitzpatrick A. do not know that had
before that; have since that time.
O. How long since? A. Since some time IN NoVem'
Der last.
O. Have you acted as clerk of Mr.. Fitzpatrick at
anv fine and if So did you az his request collect as
sessments on contract for paving forty-ninh street
between Sixth and Eighth avenues a. Mr.. fhzpst
rick gave ME an order upon the Controller, ana told
to take it with me, as was in the habit oil gong
there.
Q. Was it in the handwriting of Mr.. Fitzpatrick!
A. Yes Sir. ,
Q. What did he say when he gave you the order ?
Mr. Graham objected to the question.
The Recorder remarked that in another case, the
previous day similar question put and admitted
| Mr. Graham contendcd that such course OF pro-
give.
| Mr.. Whiting replied that he did not know what he
| meant oy asgracefu conduct. If the accused was
mno' emf the testimony OF this witness wOrld 90 to
prove H. III, on the other hand he had received this
$lO,OOO the sooner II was admitted the better for
| themselves. The investigation wa. merely 70 see
whether the party should be held 10 hail ami the case
| sent to the Grand Jury.
The Recorder ruled III favor of the admissibilty of
| the question.
| MI Whtng-Please state what direction. NJ
Fitzpatrick gave you at the time he delivered IN yo1
the order At the request Of Mr.. Graham II Wa not
that the latter objected the question on the ground
,b.t the order should be first submitted to the wtnes
| O What WAS said 10 You by Mr. Fitzpatrick a, the
| ,ns he gave YOU the order1 A. | have no recollec
ton Of any directions being given me-none whatever
o. Did he say nothing whoa he gave the paper to
| VOC A. don't remember
O. Did he tell yVx where 10 80 with Il A. deaf
! reiDeGber.