New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-12-11

TIE ARGUMENT BEFORE JUDGE LEARNED At
ALBANIA PLEA OF INNOCENCE-DECl3ION
RESERVED.
Judge Learned heard, in Chambers at Albany,
on saturday the argument the order to show
why the order OF arrest issued against exControler
Richard b. Connolly should not DO vacated.
S. &. Courtney, WIN. A. Beach, John McKeOn,
and Rufus +. Andrews appeared for Connolly. and
Charles OConor and John II. Strahan for the
people The Courtroom well filed. Mr.. Court
ncy opened the argument by reading Mr. Peckham's
affidavit which the order arrest granted. and
remarking that charge had been made by the people
against Connolly he not associated with Tweed,
Garvey, and others in the complaint.
COnnOys affidavit then read, in which he alleges
that 1t was impossible for him become acquainted with
the multitude of business transacted In his Office that
on this account the law provided subOrdnates whose
fathulness he compelled to rely and that in
living he Obedient to the scheme Of tho law under
which his department organized that all the bills
claimed be fraudulent came through the proper chan
ncls and had received the approval Of the Board Of SUI
pervisors that they subsequently approved by the
Auditor and under advice he paid those bills as Con-
troer as he supposed in conformity with law He fur
ther states that he is not mechanic aud was not and
could not be familiar with the value Of furniture and
| material furnished to the new Court House, or the
quantity necessary therefor. He denies that he
practically ret red from his official position on the a
poinment Of Mr.. Green his Deputy, but claims that
up TO the time OF his resgnatione continued TO snpern
tenn us duties and to aid possible way III the
examination OF Its affairs and the detection Of irreguari
ties never rs alleged having rendered his resignation
from conscious guilt but rather from fearless innocence
He denies every allegation In Mr. Peckham's affidavit
charging conspiracy with any one any purpose and
alleges that the several bills charged to be fraudulent
were formally audlted, but were not examined their
merits for the reason that the Corporation Counsel by
written opinion, advised him In relation to the effect OF
an audit by the Board Of Supervisors. Mr. Connolly
further stated that he paid the claims the way he did
on advice of the Mayor and that has pever
| plated flight from the United states.
| Mr. Courtney then addressed the Judge and cIa,mcd
that while there had been gigantic robbcries there WIS
not particle OF testimony against Connolly. There was
only insinuatOn and not direct charge that Connolly
In collision with the voucher thevea II was also
insinuatOn only that he took Mr. Green into theoce
and resigned because he In the robbery
the vouchers. Mr. Courtney then read the resolution OF
Mayor Hall constituting subDOard OF audit and asked
how the Controller could go back OF these auds and
warrants did the counsel for the prosecution show
any connection between Mr. Connolly and woodward.
The latter secured his money through the broadway
Bsnk, and Connolly never touched any OF the stolen
funds
Mr. strahan on behalf OF the people, read AFFIDAVIT
OF Artemus H. Cady chief clerk In the Controllers once
for the collection Of taxes, In which HI said defendant
had private office, with messenger stationed ut the
door tD admit but those whom defend
ant would permit that there was another private rO0n
occupid by James Watson County Audihr who was to