The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-02-24
The Alleged Frauds in the Comp
trOller's Once.
SWISDLTNC IN THE STREET DEPARTMENT.
THE GLASS BALLOT BOX Law SUIT.
Mayor Tiemanns Views of Albany Legis-
lation for New York City.
THE PROPOSED NEW AlmSX0USE HOSPITAL.
&C., &C., SC.
THE ALLEGED FRAUDS IN THE COMP
TROIIERS OFFICE.


CITING DEBATE ON THE ACCESSIBILITY OF
QUESTION TENDING TO IMPLIcArE ANOTHER CITY
OFFICIAL-EvIDENCE OF JOHN T. DOD0E AND no
RATIO N. PARKER, ETC.
The examination Of James r. Smith and John Fi.zpat-
rick, charged with obtaining $4,000 by fraud IN tho
Comptroers Office, resumed yesterday at noon be-
fore the Recorder hs chambers supposed that
Comptroller Fagg would be put the stand and subjected
to severe cross examination by counsel for TIE accused,
and a"spcy time expected butathough be was pre-
SENT counsel for the people had not opportunity 70 call
him. Notwithstanding this disappointment the proceed
ngs were unusually Interesting.
TESTIMONY OF CHARLES TURNER.
The first witness Mr.. Charles Turner who GsyeP
being sworn, examined by counsel for the prOsscu
ton. He deposed az follows
Commissioner
Q. Under whomP A. Under Joseph s Taylor, and con-
tnued under Mr.. Devlir
q. Has Mr., Devlin appointed you A. He did bu. aid
@ / thought Mr.. John Brangan was Deputy Stree.
Commissioner under Mr.. DevlnY A. He Is not. ne is
chief clerk under Mr.. Devlip
O. Have you got original contract for pavrg Forty
ninth street from the Sixth 10 the Eighth avenue in your
possession A. have not, sir.
q Who bas hH A. presume II ls in the Stree. Com
misscners Office have not been there In seven months,
and cannot tell.
Q. In pevlins Conover's oalcea In the Street Com
missoner's office.
City Hall.
office, under his control2 A. 1t is not.
In whose office IS i, o, where Is as far as you
was when left il, seven months ago.
O. 10 You know what part of the Officer A. cannot
q. Was i locked up in any place of which you hsd tho
Q Ia whose particular custody was is9 4. In tho Gus
tody OF the contract clerk.
@ What is his manner A. Mr.. George H. Lynch.
q IL he clerk under Mr.. Conover or Mr.. Devlinl A.
Under Mr. Devin; have not seen him for some time,
N " geippYp prn Of nm IA
your knoS oSledgoY A. Yes, sir.
Q. In wrtirgS A. Yes, sir.
Q Was there more than one2 A. think there were
two drawn; there wal only one however in my posses
Q. Do know where IT Is nowP A. The last time Epev
OF v1s in the iron cafe in room No. Of the Hal o.
RECORDS.
Q WI, has the key to that safer A. I have Il, sir.
@ Is there only one assignment Of that contract IN that
iron sae2 A. That s all, sir that is ali that have hal
We're you subponaed to produce that paper nere2 A.
No, sir.
O Fave GU 20, that subpoena with your A. Yes sir
lir. Turner here produced the sutpona
Counsel fr the prosecution Il requested yon 70 open
the safe and get ~ A. cannot get IL, sir, there Is al
Injunction which prevents me.
Counsel for the Prosscutor--I directed the person who
6iled NJ the subpoena 70 put that IN.
Counsellor the Accused-Iis Office n under Injunction
counsel for the proeecutlonAn Injunction canDct stop
this proceeding. No injunction prevent you shosng
the papers TO the Recorder and putting them back agan
INSIST upon the witness producing and bringing here,
cir.
hs'or1er-l am perfectly willing 10 grant the orjer,
wipess 0nte,rupung)-The Injunction prevents mo
from cOiug IL.
Counsel for the Prosecution Thor "a cory Of the in
junc.on with Mr. Dcvln. You need not be nervous Mr
Turner; We know as much about lSw as you do
q Has there ever been Injunction served upon you7
A. DO not krov what you call service.
g Have you got copy Of ny A. have net, sir.
Counsel tor the Accused Qa1gh;ng)-wehsd be,;ersee
the Diunctsn.
q who was the assignment by, from whom To vhoup
A. Prom Conkin sharpe 10 John Fitzpatrick.
Mr. have fora atJfpv tl,sy
see the assignments, nov.
Counsel FOR the ProsecutioD-And have reasons f5r
seeing thcm before get through. You told Ia
Bark.
wncss That turpe out no, 70 be so that was ncycrp
Counsel Tor the Prosecutlon--You csDnst tell ooti
yop get the papers
O. Whist the date Of the contract? A. could not tl,
sir.
9 Was tina, contract assigned By cousir sharpe
to NJ Dcvlin, and by Mr. Devliu " Mr.. Fitzpatrick
Counsel for the AcsuseG-t object 20 that question
Whnefs chastity )-I an stopped SIR.
Course for the Prosecution (sm1ins)-You obey tie
wliness-lf the Court says must so on, Why, Trms,
on The oontrac. s rot in my possession.
Y The assignment NJ thereY A. I have d,ubs about
that. am no, tbs, they are in the sac
Recorder-wc viii have ,o procure this
yr. Turper-I viii have to pk your Honor .1r force
enable me to get at tho safe dare trust myself IA
that offce II you will 40 that will 20.
Recorder-l will go over with yon myself, N Ds; all
satisfy you.
Mr. Turner-I have no objection, sir. They seem 70
u u n
derfu but there is nothing IN n at all remarkable.
Reeorder-H" that safe ever been oP-uS
The Recorder and Mr.. Turner then left the room sri
returned aftev an sbsence OF i've minutes, Win the "a
pers.
Counsel for the Accused To Mr. rurper .4o c-,5--sd
they make any res.stsnccY
A. No, sir.
Recorder-r think Mr. Turner was about r.rh. 10
was alone be would DOT bave been able 70 procure tie pa
pers.
Ry Counsel ,Or the Prosecution docking over the ~
a rraer UN- i n 81.
A. No, sir, ouy 10 one; wm Turner, my son. witnessed
10 the other
sharpe to John Fitzpatrick, consideration o. o., OF tie
contract r question. l7ih Nov 1856; also
sgDmcnt from John Fzpatrck, in Consideration of e.
10 ,be Bo~cry RsDs da,ed ieth OF Narcb, 1851.
Nr nrner-l don't want 10 10 back 70 the Office With
Counsel for the prosecutouob they are az homes, a
adays.
o wso ief, ,hem with youl A. The srs, assignment
was left by Mr. sharpe and the cher by Mr.. Tzps,rcs
y. fO. came the enc cf the Dowery Bank 20 be ,et
with yobs A. They IN he habit Of leaving their As-
SgpnenH with nc, ara gave n, m uote stltpg hey
deposited VIII me- gave poto 10 Mr.. Eta Sa.ra<
and be carried 20 ths RowcrY B1nk
o You received that a. an agent Of the B'very Bark'
o Ana gave Mr. Tiypa,rcs a p,le to the BoNcry Baax
that you lad received II fnr theug A. Yes, sic.
street G, nmissoners on'cc stree tbo sth or January
1850. was orportcd by John I. Dodge; held through
term Of ouce, I think W. Taylor died on the ON
lure, 1907 bad possession Of the Cfn'e cf street
Commissioner unt the nrrnrC OF the lIth OF June, NJ
revnn appointed on the 10th Of June be TOOK pos
sesslon Of No. Hall Of Records, and | was under
bin occupied that room until The 18th OF July, and was
then surpaned by violence by Mr. Conover who claimed
10 be the street Commissioner; up IN the ceased b
cccupy ihs, Mr. Valentine the confirmed assess
neni roll 10 the Street Commissioners Office where the
abstract was entered the ledger they then
10 the assessors, who like wise male abstract and from
here they went TO the clerk Of arrears up the 18th Of
July 1851 the ss were presented 70 the clerk q ar
rears and an abstract from cce 10 which Mr.. Smih
a,'ached DIS receipts-a mere memorandum, me Lsis
assessmC us am speaking Of the general practise OF the
oce the object CT sending abstract with the dss was
merely TO satisfy himself that they we're correct and 10
save time; believe the Ia cOupels The street Comms-
sioncr 10 send an abstract with the lists.
To counsel for the people, an not aqnainted with tho
har xfting cf Mr. Fitzpatrick.
To counsel for the acused-f scqualnted With Mr..
Smith while be was M the COmrtrolers 0lse, sni
times transacted business with him. Mr. snth al charge
of the trust accounts and was necessary tor togo