The New York herald., 1871-11-25
THE STOLEN VOUCHERS.
Haserty and Baulch Before Judge Bed
ford in the General Sessions.
Argument Of Counsel to Quash
the Indictments.
REPLY OF DISTRICT ATTORNEY GARVlA.
The City Judge Reserves His
Decision.

The City Judge Reserves His
Decision.
Pursuant to an arrangement between District
Attorney Garvln and counsel for Edwin M. Hagerty
and James Baulch, who have been indicted Tor bur-
glary ana grand larceny, an argument was made
before Judge Beuford in the General Sessions, yes.
terday. The court room was crowded with inter-
ested spectators throughout the day. Before pro.
ceedlng with the discussion counsel for defendants
! quoted sentence from the CITY Judges charge to
! the Grand Jury few days since In reference to the
condition OF things connected With the city govern
ment, where His Honor stated that the grand In
quest was ''OmnlpotenL" rhe counsel endorsed
that sentiment with the qualification provided
theg act within the scope or the limits Of the law.n
unset also alluded TO the conviction OF
Rullon In 1858 for the alleged murder OF his wife and
child, the Judge before whom he was tried not
daring to do MS duty on account OF the
prejudice against the accused lii the community.
The Court In tie midst OF a prejudiced community
might unwIllingly and unIntentlonally defer to an
influence which was no offspring OF Its oath aud
Which was not justified by Its duty. The Office OF
| the Comptroller OF the city OF New York Is claimed,
by the prosecution. TO have been robbed ON the
morning OF september TO- 1871, and "vouchers" to
the amount Of $l,ooo,000 and upwards a.
legged to have been stolen from the County
Auditors Department. We the words
| ''clalmed" and ''allegedn because 1t is the
Arm belief OF the counsel for the defence that the
papers, which are ale ged 10 have been stolen ON
| that sunday morning were either stolen before or
alter that morning (possipy a part before and q
part aiterl, and that they have been falsely. but
adroy, credited 10 the ladlcia OF violence, claimed
by the prosecution 10 have been first discovered on
that sunday morning, which indcla the prosecu-
Lion may yet find 1t has vaInly attempted TO work
into the charge or crime OF burglary. It is matter
OF history, and we suppose may be assumed
fact this OCCASION that shortly previous to this
(pretendedj robbery
Committee or SEVENTY CITIZENS,
acting with joint Committee OF the Common Coun-
eli OF this city and the Board OF Supervisors OF This
county, were engaged IN investigating and dragging
TO light abuses as tncy We're called, in the expen-
dlture and application OF the moneys OF the
city aud county. II figures are to be ac-
credited, large amounts have been alb
sracted, for which some satisfactory account
should be rendered by some person persons.
On the stn OF September last these cOmml tees re-
quesed the Comptroller exhib to them for exam
inauon the audited accounts on file In mis- ONCE or
! department which had been paid from the funds OF
the city and county, Here we extract passage or
| two from the complaint lately exhibited IN the
| name of The People OF the State OF New York
against certain parties alleged to be responsible for
some $4,000 600 OF the public money!
That said audited the Of said
Comptroller and Monday the ll,h day said September,
was appon:ed Tor ihs proluc.ion, thereof
said comrtre&srs oilers Office a tue nSa aou Of Opening ae
marks Of buslarious entry; and was thereupon
e 's sd
been stolen and among them nsay al the 50 a,died ac-
Taa none OF The sad aud snied accounts 50 apparently
u Officers agents, ana the same wholly los 10 the said
mmsdia,sy med up the discovery Of such apparent
Ssss e ec. n 81 .s s of sna Of ss
YORK or some of them, and Genan-ed oi the said
co@Toler ina, Tor this reason he should resign bis said
has sinc unt the lgh day Of October the year las.
voucera or 70 correct redress actual
| toned, or any fraud In this complaint mentioned
IL Will lie seen from these extracts that the people
| OF Tits State in this complaint (Which verified
October "a, 1871, by their Attorney General, con-
sderabIy more than month after the occurre nee
OF the crimes charged against the present deien d.
ants, not wiling 10 speak or the loss OF the
| vouchers In question positively attributable
| or as positively to be ascrtoed 10 the burglary
| Qf such 1t was) LII question. Are not
the words 'some marks OF purglarious
entrance,n 'ths said audited accounts
SO apparently stolen," "upon the discovery OF such
apparent tnert" and other similar language these
extracts from the cOnlp aiut, everything tut sup
port 10 the theory oil the present proseculonr DO
they not strongly, ay, elnphalicaliy, II not briefly
and directly, charge tina. the Comptroller, OF all
the world the most Interested in the suppression
OF these vouchers f they were what the pupc have
been led 10 believe they Wereb assigned for
the non. production to these committees winch
q mere cover, looked upon as such, and not be-
leved III by them II tus IS not the true English OF
this part or the complaint, why did IL not
GIVE THE COMPTROLLER A CLEAN ELL OF HEALTH
at once and aver tnat the vouchers were not pro.
dueed because his Office was burgialously entered
between the Sth llth OF SeptemDer-the
former the day OH which ne was asked 10 pro-
duce then the latter, the day which he
have produced thems Sii, The same people VINO
prosecute tnomlnaly at least) the present defend
a civil proceeding 10 adopt as true the Allegation
OF ihis1odcer II he was willing 10 face the music
Oh the litl oil september by producing the required
documents, who else had cause to be afraidg No
matter VINO else was Implicated by them he, as the
selected discussing oicer oi the county--hls duties
connned 10 that ami that alone-was tine most GER
tam one 10 fal II those papers saw ihe hight. WHAT
earthly motive can be established, on iher part for
| the commission OF the crimes with which these de-
icnd9ntS are now chargedf What Inehd oi theirs
trolier, and II ne was Wiling 10 defy or court the
light, who was obiigci 10 seek safety In darkness2
VINO was or were Obliged 10 instigale the commission
oI burglary toseeure and destroy these documents,
II he was not9
TWO MEN HIGH IN OFFICE CANDIDATES FOR STATE
PRISON.
The Counsel said--I put my finger upon two
men high IN Onice VINO would have been IN he
Stale Prison II the vouchers had not been made
away with, because, whoever else may have been
| guilty by their own handwriting they had con-
| demueu and convicted themselves Tne real mean
ing OF the complaint or tie people In their cyl pro-
| ceealng rs that the vouchers we're not stolen by
means 0l Tie s0-caile0 burglary put tlat Tue ap-