The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-06-09
The si1ty-ninth Regiment and tho state
Money.

HOW TEN THOUSAND DOLLARS WAS OBTAINED
ACTION By THE WIDOW OF QUARTERMAsTER
FULLY FOR HIS SERVICES As COUNsEL-coLoNEL
BAGLEy DECLINES TO ANSWER A QUESTION. BuT
BACKS DowN-LivELY PASSAGE BETWEEN CoUN-
Sell, ETC.
COURT COMMON riAAs-rARr
Before Judge Brady.
Nary y Tapy, AdminiarcIir Of Joseph n Tuuy, IS.
The Board Of officers Of The Sixty-nn6 Rsgimen',
~ r. s. ~ G-Thc plaintiff in this is the widow OF
Captain Joseph b. Tully late quarermaser OF the Sixty
ninth regiment and daughter Of Street Commissioner
Devln The is for $3.50 for legal alleged
have been rendered by Captain Tuly to the regiment
in aiding 10 procure apportionment OF $10 900 from
the State and also in auditing and adjusting the accounts
OF Captain james b. Kirker the regimental treasurer
The complaint represents that the deceased quartz
duly authorized and employed counsel to per-
form the services question: and that he did the
special request OF the Colonel aud officers The
on the other hand takes the ground that Captain Tuy
not employed in PROFESSIONAL capacity 10 attend to
the financial affairs of the regiment, but merely IN his
capacity as quartermas,er Of the organization
On the trial which commenced on Thursday last,
Colonel Bsgley, formerly commander Of the regiment,
put upon the stand aud quite an excitement took
place. owing TO the propoundng Of certain questions by
the counsel for the defendants.
On cross-examinson NJ. Hurley asked colonel Bag.
ley any counsel besides Captain FULLY employed
assist IN procuring the $4,000 appropriation
Colonel Baglcy-Tbere was
Mr. Huriey--.wbo did you employ
Colonel Bagley--I won . tell SIR have reason.
Mr. Hurley pressed the question aud Judge Brady
asked the witness II there anything In the
degrading 10 him personally
Colonel Baciey explained thai the reason he asiked TO
answer was because he did not want 10 mention the
name Of third party
answer the question unless 10 tended degrade him
Colonel Bagley replied that the question wocld affect
him but not degrade him. II would be breach OF trust
aud not honorable on his part to answer ".
Mr Hurley stated that the question was very material
had expended and what counsel had been employed
VI any len thousand dollars had been given bv the
state for the sixty ninth regiment but only 81 500 had
ever reached the rcgimental Golfers Was u not then
highly important show where the money had gone TO
aud who had received ~
Judge Brady said that the question pressed nv
sell must be answered by the Witness but that In order
to give the witness time for reflection he nhe Judgol
would adjourn the until next morning
Colonel Bsglev remarked that If there any honor
in the Sixty ninth regiment the question would be
pressed. Tho regiment well knew that the money
co uld have been got without employing counsel
Mr.. Ingersoll ssid, in low tone tba, there
honor among the officers OF the regiment
Mr. Hurley rstorted by saying that the officers OF tho
regiment in with their mouths closed by the
rules Of Law but that one wonld dare make out Of
court such an imputaton as that uttered by Mr. Inger
soil.
Mr.. lnaersol suggested that there was no necessity
Of getting up pot house row.
Judge Brady commanded order and rebuked Mr. Ipgsr-
soil for his The Judge tho remark Of
Mr. lngerso discourteous and that II decidedly
Improper 70 cast such an impuiaton upon the regiment
Unless Mr. lngcrso made public reiracto he Judge
Brady would not permit him TO coniinue in the
NJ lngescl-weil, sir, ] rstrsci what I said.
Colonel Baglev then, after few private With
the Judge said he was ready to answer the disputed
question
/ Mr. Hurley accordingly repeated the question TO
what counsel had been employed and paid two Thousand
dollars
Witness answered that il was General Arthur and tina,
he the only counsel besides Mr. Tuy that he twii-
ness promised to pay $500 Tuly The SO 900
was obtained
This ended the excitement, and after some further
evidence the given 10 the Jury who after
sdering their verdict for time sent ,ha,
they were unable 10 agres--sianding ten to one
Judge Brady therefore discharged the jury