The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-02-27


botner his head about politics. aud always avoided
such subjects; he had never expressed an opinion
the Committee Of Seventy; did not belong to any
political association. and had never attended p0lir-
in English; mad sat ON juries before; ms opinion
would be formed on the evidence ana the things In
nave no eject upon nm; he believed he had read
about the Mayor once In paper. anu ten minutes
afterwards he had forgotten all about 1t. cloud
lhis gentleman. having thus fully established his
competency to try the case was accepted by both
parties, anu sworn In as Juror number three.
Hall A. Curtis, Jr., next answered and testified
Am secretary and treasurer Of manufacturing
company at No. Park places had expressed an
opinion as to the guilt or innocence Of the Mayor.
The COURT-fou may stand aside.
leather betting; know Mayor Hail by having seen
HIM In pubic; had conversations about Ave months
ago in regard to the revolution In politics. and then
expressed an opinion as TO the way the Mayor nad
executed his duties since that time his opinion mad
been removed, and now he had his doubts as 10 the
guilt or innocence OF the Mayor.
The CoURT-You may stand aside.
Charles l. MunsiogtSa oroaer AZ IL
had expressed an opinion as TO toe action OF the
Mayor, but could render verdict according 70 The
evidences; IN regard TO the particular charge now in
question he mad no opinion Whatever.
Tne CoURT-You may stand aside; the case for
the principal challenge mas been proved.
Christie f. Becker sworn-Reside In Lexington
avenue; had retired from business TWO years ago;
had expressed an opinion III regard TO the charges
against the Mayor.
the UouRr-You may stand aside.
j.
iron company on Lake Superior; nad lived in Inc
city all MS HE; nad F<iard OF the charges against
the Mayor; might Fave talked about them. but
could not remember; nat never expressed
opinion about them; knew MR. IIlden very well;
had never had conversations with HIN IN reference
mttee OF seventy; knew MIR. navemeyer and
most Of the other names by reputation; had never
formed opinion Us to the manner III which the
Mayor had discharged the duties OF his Ofllce; had
READ the papers,. lesided at l27 second avenue;
had a family; had summer mouse at Hlgh
Bridge; voted from second avenue; had never
Specially considered the question cor Of Sae
s or% sei s% mere
newspaper statements; Mr.. Tilden had been presl-
treasurer; Mr. Tllden was now director, and mad
power, with his six fellow directors, 10 remove Wit
Mr. Tllden except on business, ana aad found him
so busy that ne could scarcely speak Win him on
matters COR nected with the company
This gentleman was challenged peremptorily by
the defence
ragard TO the Mayors guilt or innocence
The COURT-You may stand aside.
George H. Berrvman, sworn-had expressed an
OPINION as to the Mayors guilt or innocence.
The COURT-YOu may stand aside
questions out OF winch the charges against the
Mayor had arisen and had expressed an opinion
the UOuRr-You may stand aside.
Charles w. Nash, sworn-Kept an eating house
great resort for politicians; ala not himself med
Gle with poliClcs had read the charges against the
Mayor In the newspapers, anu nad eApresscu an
opinion about them.
Tne COURT--YO OH may stand aside.
David p. COnyngnan sworn-Was an editor; re-
sided at 81 Pike street, knew OF the charges against
the Mayor; had never expressed an opinion "a to
the special charges now brought forward, and had.
he thought, never formed an opinion; lelt cOmpe-
tent TO try the case had
CLAIMS AGAINST THE CITY
ana had had TO sue them; they were for publish
ing accounts on benali OF the Slna0y Democrat;
had heard u great deal OF newspaper discussion
TO the prosecution-The paper OF witness had not
been designated by the Mayor for city advertising;
the claims were Tor 1869 and the cary part OF 1870,
before the Mayor had been lnvested win these
Mayor Mayor and '' inc Comptroller between six and
ppIied to the Mayor more than once OF twice; the
Mayor mad not given definite answer, but had
OF the passage or tho law the Mayo said tnaJ ne
would not be paid Tor printing advertisements IN
the lures some oil the claims were against the city
ana some against the county; those against the
county wltness presented 10 Mi. loung, the CLERK
Tne prosecution then proceeded to have the chal-
lenge to favor tried by the two Jurors hrst Sc
lected
The witness continued-My claim was for about
twenty thousand dollars; had Teen employed once
under the Board OF Public Works as ali inspector;
that Was IN 1865 ana portion OF lS69-apout year,
z. What was your salaryY
1This was objected TO ny the Defence ana the pros
ecuton explained that they desired TO show thai
witness had held sinecure by the influence OF the
defendant.
The Court allowed the question, at the same time
explaining that questions should not touch on the
private affairs OF tue gentleman examined more
than was necessary.
Q. Al what salary A. seventy-fve dollars
month; that was tne entire amount that received.
q. What was Inc nature OF your Office ana the
know ana think also
INSPECTOR or LAMPS.
q. Did you ever act as Inspector OF LampsP A.
Yes, SIR; was not long II that capacity; do not
swear That was Inspector OF Lamos.
q, State the service you rondered1 A. inspected
the done by the men the streets round the
Park.
There was some $4,000 or $4,000 more Tor the
county canvass; in all 1t was ABOUT $4,000.
Are you certain your rro, claim did not exceed
Q. Vas that Claim audited and alowed9 A. It
was not audited; asked the Mayor why 1t was
not audited; most likely that was ABOUT couple OF
months after IL was presented the Mayor gave me
to understand that 1t would come belore the Board
OF Audit; 1t might be some months afterwards tuat
again spoke To him about IL; lie spoke 10 about
the same effect as at first; to my knowledge The
claim has never yet Deen audited
q. Would the fact mat your claim was not
audited impress you unfayoraby agansS the defel-
cerned to the Boarl, 1t mgnl that Is to say, If
1t were case affecting me only, l should think 1t
UNFAIR but 1 understand tnat there are several
heard tnat the question OF the Legality OF these
newspaper clalms being decided by the Board OF
told me 80, but wonld not swear to that. ..
q DO you still expect to have tnat Board Of Audit.
OF which Mayor Han IL q member, pass your Claim
A. am not aware that such Board OF Audit Is IN
existence.
u. has mayor Hail lNIOrIHcu you tnub tuat Board
has ceased TO exist2 A. No, sir.
BY the defence-Q. You say you have not ANYTHING
In your mind that would prevent your rendering
a just verdict upon the evldencea A. No, SIR.
ExRecordor smith tGen addressed the jury on
the merits OF the case. Extraordinary latitude had
been gwen In the examination, IN order to secure
an entirely unprejuiccd jury. Wherever there was
the slightest imp esson on the mind OF juror tnat
would require evidence to remove he was dlsquall.
fed Here was a Juror whom the prosecution had
endeavored to set aside for the extraordinary rea
son that he might nave a bias against the defend.
ant, although the defendant himself had accepted
him on his own statement that he mad formed
no decided opinion. II any bias had
been prOved 1t was tne ground that The defen-
dant, In the discharge OF his duty, had refused to
PASS a claim that the wtIleSS mad presented: and
again. that the witness had once been In the en-
ploy OF the city OF New York. what man could be
more fit TO be Juror than one who Ink @ TINS Wit
ness. nal preserved his mind Tree from prejudice
against the defendant In the lace OF clrcum-
stances calculated to create bias AGAINST
him, simply. because. as he had tesli.
fed, he had understood the decision mad
not been made against him individually, but
that similar decisions had been rendered against