The Cairo evening bulletin. (Cairo, Ill.) 1868-1870, 1869-07-16

because had not the treasurer's receipt.
Michael Bambrick On two occasions
Mr.. Mockler sent me to Mr.. Hyland, the
treasurer, to tell him that he was ready
to settle; but / never saw Hyland and
didn't tell him.
Here Judge Mulkey arose and asked
that the sworn statement OF Mr. Mock
Ter be received as to what passed be-
/ tween him and Mr.. Hyland when they
two were alone. The Judge agreed that
| If the prosecution was a criminal one the
evidence was not admissable but If 1t
| partakes Of the nature Of civil action
IL Is admissible. 1t Is desirable that all the
light possible shall be thrown on the case
that the council may act advlsedly.
The matter was submitted to the coun-
| ell for determination and Il was decided
that the testimony of Mr.. Mockler
should be heard, by vote of 15tol.
Patrick Mockler: tt remember part
of Mr.. Hyland's testimony. / recollect
the part that referred to his looking over
my books. He said that ] had entries on
| the book for licenses and that he had not
received the money for them / told
them had bailiff's receipts. Hyland
said it was not proper for me to have
them on my books until / paid him the
| money. The entries were not on ais book
he said, and until he gothic money and
entered them the books would not
agree. Next morning eras-
ed Reed d. Mann's and Koehler's
names. He told me 1 should put them
on when ! paid him the money. He
never demanded the money until the
letter was written on the LIST Of July. The
fight had with him had nothing to do
with the matter. 1t was about St. Pat
rick Society affairs, which shall not ex
plain. He called me son-of-a.bitch and
! ! knocked him down. Two or three days
after that he sent me the note. He came
! into my office and said: Mockler, are
you issuing license yet? said, 81. down,
| John; ! want to talk to you. He said,
| you damn thief l won't talk TO you. ]
| told him wanted TO settle. j rendered
the money to the IN ayor, that day, twice.
/ never had any purpose to cheat the
! the city, was hard up and j used the
money. acknowledge that before God
| aud man.
Cross Examined: Hyland told me he'd
\ give me time. / told him I'd pay him
about the lst Of July or as soon as could.
| Don't recollect that promised to pay 1t
the lst Of July. He demanded the
money Of me about the 9th Of April. /
! lolu pay ~ 10 IulCh 40 Il Cbuiu.
| When he found out i, was issuing IL
cense again think he told me he'd re-
| port me. He warned me to issue no
| license. j told him to stay out Of my
! Office. He called me n son-of-a-bitch.
hit him and knocked him down. We
| clinched and he got me down and was
! gouging my eye and ! took his finger
! and scraped IL into my mouth and com.
menced grinding on IL. i scratched of
| the name OF Reed & Mann and Koch
| ler's name. Issued the license To Reed Il
Mann the 2lst of April. had a CONVEX
| sation with Hyland about scratching
/ them OFF In May. / never put Resch's
name on tNc book. | did not put
fstrotHeTs' ua &c on the book because l
| hadn't paid the money over. Hyland
told me in the first conversation we had
| TO receive no more money. j don't re-
collect whether i paid Hyland money
| after issuing Reed d Maun's. Resch's
! and Stro,heris license or not.
RC-dirCc..-About dividing the money
between Us l said Hyland, IL we would
| do as the other feilers have been doing
we'd divide the money between US; II
would buy'u both nice suit of new
clothes. Hyland replied that he knew
that kind OF thing had been going Oh.
said yes, but I'd starve before I'd do any
such a thing. don't know whether this
conversation occurred before or after the
wharf boat money came in. Hyland
didn't say he would not take u cent. /
said that would starve before I'd take
any. | never told Hyland he was q fool
for not agreeing TO divide the money. l
may have said We were both damn fools
for not doing IL, as others before us had.
Question by the mayor.-Why did
you continue 10 Issue license after Mr..
Hyland had warned you TO desist?
lafi m liz IxE-
land was not in his office and ! didn't
want people to be put To the trouble TO
come again.
Here the defense closed their evidence.
The prosecution then called &. Winston
w. r. Beerwart and NJ. Ii. Harrell rs
witnesses.
c. Winston: | have resided in Cairo
| about five years acted in the capacity Of
Comptroller during the years $50 and '67.
have no knowledge of the manner Of
issuing license by virtue OF my Office as
Comptroller. While connected with the
Office of John q. Harmon & Co, knew
licenses To be issued by Mr.. Irwin, city
clerk, at the solicitation of Mr.. Howley,
treasurer. Settlements were made with
Howley weekly. Ordinarily the custom
was To issue license only upon the presen-
tation of the treasurer receipt Never
knew them issued without the treasurer's
consent Mr.. Walton while acting as
deputy clerk was also acting as deputy
treasurer, and received money and re-
ceipted for it In the name Of Mr.. Howley
treasurer
Nj. b. Harrell:--I was city treasurer
from March, 1865 to March, 1866. The
custom that obtained at that time in the
issuance of license was for the applicant
to pay the money TO the treasurer, OBJ
tain his receipt therefor, and then to pre-
q ,, f.Nf 10. hA nln