The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1871-12-11
Connolly in the supreme Court,

ALBANY, December 9.-In opening III,
argument before Judge Learned, in MI
Supreme Court, on an order to show
cause why the order for the arrest o
Richard d. Connolly, ex.Comptroller
should not be vacated or his ball bono
reduced, Hon. s. G. Courtney, OF counse
for Connolly, read an affidavit Of Peck
ham on which the arrest was made
Connolly In the emNin denies the allegation
in Pcckham's ailldavits, and sets forth tha
he did not appoint Green Comptroller
through any consciousness Of guilt, oil
that he was a party 10 any conspiracy oil
collusion. He also positively denies thai
be ever thought Of leaving the State OF
the country. ShAhan, op behalf Of the
people, read an affidavit OF the ChieI
Clerk, in the Comptroller's Office, and
others, showing that Connolly and the
late County Auditor, Watson, were nc
Cusi9med TO hold private consultations.
Other ailldavits were also read showing
irregularity OF the accounts in the Comp.
troller's office. 0'COnnOr produced q
portion Ol the vouchers which were not
stolen, known as the KGyser claims, said to
be tOrgeries, for inspection by the Judge.
Mr.. Courtney then proceeded with his
argument, saying that the prosecution had
given no evidence OF guilt against Con-
molly; they have not shown that he has
got single cent OF the $3OO0,O 900 alleged
to have been stolen. There was not q sin
gle allegation which would warrant the
Issuing OF an order for COnnolly's arrest,
unless II was that hG was about 10 ab.
scOnd. The Chairman Oi the Committee
Of Seventy and the Sub. Committee after
an examination could find nothing impli.
eating Connolly. He concluded by ap.
pealing TO the Judge To decide this ques-
tion without regard to the public clamor
Mr.. OConnor, replying, said he had
found nothing to show that Mayor Hall Is
not u vulgar thief, further than that he
believed that ifthere was anything against
Hall he would not fly; he could be prose
Cuted Mt leisure believe, however, that
Tweed and Connolly would fly. lie con.
tlnued replying at length to the Circum.
stances Of tho frauds, and COnnolly's con.
nection thorcwith; lie criticised Connol.
ly's affidavit, declaring that Its deni.
ais were too general, and thought II
should bc disregarded he thought
His Honor should postpone the case a
week, and appoint q referee In New York
10 test oil evidence. Connolly should be
held on two grounds, first, insufllciency to
answer; second, because he Is guilty Of
neglect.
VIM. A. Beach, on behalf Of Connolly,
next addressed the Court. lie said Hall
who was equally guilty, was not proceed.
cd against, while Connolly was lodged in
jail. Connolly's affidavit was o full and
satisfactory answer, he denied the right Of
the people Of the State to bring action
TO recover from the county of New York.
Mr Beach contended that the Attorney
General was unwarrentcd In bringing suit
The power TO bring suit Is vested Ia the
people, and they had not through their
Legislature directed these prosecutions.
lie protested against O'Connor's prop0si.
tion to have the case passed upon by q
referee.
Mr.. O'Conner then repeated bis views
expressed In tho Tweed suit, as TO the
right of the people 10 sue. Upon the con.
cluslon of the arguments, the Judge took
the papers.