New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-10-03
MAYOR HALL PROSECUTED.
A SUR BEGUN BEfoRE JUSTICE BIxBY.

SUIT BEGUN BEFORE JUSTICE BIXBY.
TIE MAYOR TO DE EXAMINED To-MoRRow-THE
COMPLAINT AND AFFIDAvTT-wHAT ONE OF
TIE CONTROLLERS CLERKS KNOWS.
Ex-Judge George c. Barrett, with his associate
counsel, made application, at 13O p. yesterday,
to Justice Bixby Of the Yorkville Police Court, In
Nftyseventh-st, for warrant for the arrest OF A.
Oakley Hall, Mayor Of Ncw-York charging him, on
the affidavit of w. s. Copeland, o former book
keeper in the Controllers Office and Others, with
gross misdemeanor in converting the public funds,
or permitting them to be converted from their lawful
use by signing warrants for the payment of millions
Of dollars for work that had not been Per
formed, the said warrants having been pre-
sented to Andrew ]. Garvey, James II. Inger-
coll, George S. Miller A. j. Smith, and others
Justice Bixby having heard the affidavit read, stated
that he did not feel authorized to issue warrant for
the arrest of the Mayor of York. and place it in
the hands of an officer to he served in the ordinary
way He had no regard for A. Oakley Hall but he
felt that his official position warranted some conSld
Grafton He did not think the Mayor would abscond.
Judge Barrett did not know what the Mayor might
do under the circumstances, and pressed his motion
for the Mayors arrest. Justice Bixby believed the
ends of counsel would be attained by serving sum-
mons upon the Mayor requiring him to appear before
the Court on Wednesday morning, and answer the
charges against him. Should he fail to ap-
pear, the Justice would issue warrant for his
arrest, and compel his appearance. Several OF
tho counsel still pressing the motion for arrest,
adjourned, upon the recommendation OF the
Justice to side room to discuss the matter at issue,
f+,r n oh ohc IN IN
and informed the Justice that they conceded in the
view that he had taken with regard to the consid-
Grafton due the Chief Magistrate Of this city,
Justice Bixby asked why counsel had not in.
cluded other members of the City Government i'll
the aff1davits.
Judge Barrett replied that Mayor Hall was charged
with misdomeanor in neglecting to prevent the mis-
appropriation of the city funds by others whereas
the other members of he municipal government were
more criminally involved, consequently would re-
quire greater punishment.
Justice Bxby then stated that he would grant the
summons requiring the Mayor to appear before him
on Wednesday,
Such summons was accordingly issued and duly
served on the Mayor, commanding him to appear be-
fore Justice Bxby at lOa. tomorrow for examina-
ton The complaint and affidavit the fol-
THE OFFICIAL PAPERS.
AFFIDAVIT OF HENRY F. SPAUL DING.
FOURTH DISTRICT POLICE CoURT.-Sta,e Of ~-Iork,
CitV and County of Hec York, ST. Henry +. spaul ding
doing business at No. 80 Worhst in the City Of New.
being duly sworn Opposes and that he the
Chairman OF the Committee OF Remedies OF body of
seventy citizens known and styled as The Executive
Committee Of the Citizens and Tax for the Fnan
cal Reform Of the City and County OF New1orR that
said Executive Committee Of Seventy was chosen at
great public meeting Of the best and puTest citizens OF
ibis city, and inrusted by the people OF this city
with the duty, among other duties OF setting IN motion
s Of the the % R
and the sh OF n GS
for the fearful frauds whereby millions upon
millions dollars have M, been neo1 stolen Sura f5S%
With SIG pa an enormous and most Oppressive pub
Se deS Of and as
as citizen doing business IN this city he charges that
1cs 0 fsg u hs me 4aS Sas ss y
meanore to wit a. That said A. Oakley Hall as Mayer
be vglan active in causing the ordinances OF the
sws n pa s" Of IL lie duty
responsible for the good order aud efficient government
HI 1o any Toyacd 6e said Oakley Hail. connyed at
aud knowingly Permitted the public property to wit the
own use by tie persons and to the amounts specified in
the deposition OF william s. COPELAND now here be;
sls% !a and Ther V witt a. Tnat said A. Oakley
liant and active above specified; and although me
Beae% qaG' are % law O9 That @
shall be drawn from the public Treasury except for legal
claims, and upon warrant cOuntcslGneu U! de Na.
provided he said A. Oakley Hall, Wilfully ana nteh-
onaly neglected 10 investigate or examine mo te cor
specified in said annexed deposition Of said Copand who
Is now here before the Court or in the cOrr tess JUS
toe or legality OF the fraudulent claims hereinafter
specified aud willfuly and Intentionally neglected 10
brand ali such claims as fraudulent ana 10 prosecute
those who presented The same and willfnly ana lnt-
entiOnaly neglected to refuse to countersiGn the war
but that ON the contrary, he did connersgn all such
warrants, aud did thus permit the public funds TO lie
frauducltly converted, although the vouchers there
for were unswOIn, irregular, ana 1lauuulcus anu
corrupt upon tier face. ana known 10 ee 80 D'
And further: 0) That said A. Oakey HAL, as such
Mayor although required by law TO be ygalt ana ac-
enOincd upon him by law, and although II was provided
by law to wit by chapter 49, Of the laws VI 1870 secon
prpvous To the passage Of that act should he AUDITED
by him, said A. Oakley Hall IN connection WIN TWO
other officials named in such law ana mat tne amounts
which should by said auditors he found to ne que snouid
be provided by the issuing Of bonds ana should DE pald
by the Controller upon the certificate OF SAID A. Oakoy
Hall such auditor and Of said other two AUDITORS VET
that contrary 10 law and to the statute in such case
made and pro- ded, he, the said A. Oakey Han, VIII
fully and Intentionally neglected to investigate
gality Of the afOre-,lccicd ilaunnlcht Clalmo
eiensa to n as 6 %h Oh imCI TO Be audit
ca, or IN ascertain whether any OF theln war n irs
due and wully and Intentionally neglected ~ refuse
did audit all such fraudulent claims after the dhte OF he
passage OF said act Ia w.t. after April 49, 1870 anu uu
whatever certify them 70 I've correct just ana accurate
andfurtheT to Wit 81 That said A. Oakley Hall has been
guilty OF l>Delayor il his Office Of Mayor and has com
Itd therein the public wrongs hereinbefOle ana mere
matter specific q, and Chcd III the annexed deposition
Of William g. COPELAND. now here before the Court and
furthcI to Wit (6) That said A. Oakley Hail. az such
MAJ and pIC Off CT, has been guilty O acts VI mai
fcasicc i'll Occ, done It'll corrupt intent IN that being
fhe lie ickeGlV abused the In the