New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-03-09

them there.
q. Watson the Auditori A. Yes, Sir
q. How long had he acted suehi A. could not tell
you that, q CREST many years.
@. Where was hrs object A. In the Controllers Office
adjoining Mr. Connolly room -,
q Did the Auditor have his Office tbere A. Yes Sir:
he had office partitoned of there with uice
q. Yon say you went there with him. what did he do
q. What was the next thing you know Of them : A.
After June he found and took Int into room down
stairs.
Q. state what done between you and him 7 A. We
went into the ROOM closed the door after us went over
into q priv ate corner, and gave him the check.
Mr. Burrill-That object TO-
Mr. Tremain-state what took place AZ the time the
warrants were delivered 10 you.
Mr. Burrill-Tbat we object To; we have nothing TO DO
with What took paes after ne warrants var Sfe
10y the Mayor done with II. and we are not re-
sponsibe In way for what was done with the war
Mr. Clnton~This question has been decided by your
Honor four or five rlmes and I must insist that they
be satisfied with your HOn0r's rulings; bat The
moment your Honor has decided question, then UP
jumps one Of these gentlemen TO object 49,,
Mr. Burr-If that view came from a Respectable
quarter should recognize Il my point is tnat d tns
with the warrant after he had signed IT,
The Court admitted the question.
O. To whomi A. To Woodward; my own check on me
Broadway Bank.
q Was that check paid az the banti A. Yes Sir;
went over there aud deposited the warrants.
q. Your handbook has been written up since that
O. Including that check, A. Yes. Sir
Mr.. Treman-NOw, will bring up the other question
Mr. Burri-I ask your Honor strike out all that this
witness has said ID his last answers 10 the giving u
Judge Day-I will note your exceptions to the testi-
mOny what Is the particular portion wish TO strike
Mr. Burri-My motion IS to strike out everything on
the subject OF giving Woodward the check because after
the warrant signed was not connected with any
Judge DAILY to Mr.. Tremain-What do you propose 70
show with regard TO the evidence after the Mayor had
signed the warrant.
Mr. TremalnI had hopes ar ths stage OF the that
should not be required TO answer that question. bit
that the evidence would be received. understand that
the testimony. pure and simple evidence IN this
whether IL appear of or against the prosecution on tHe
principle that whatever formed part Of the res gesP y
the admissible, and that the Court had ruled
that from the time the accused prosecuted until the
warrant should be received, all matters relating 10 II
should he given In evidence Now II The person who had
this warrant refused TO deliver 10 until this witness
him slO0OOo this connected with the delivery Of the
ndicment as one of tns itaiements in the Indictment
pointing out the nodus operand by which this warrant
was signed.
Judge DalyT propose to admit evidence down 70 the
time of the delivery ~ The and TO exclude all
from the time Of the Mayors final act, which sign
my the warrant, unless mat question has some conec
ton with something else, to which do not III present
Nj, freman-i viii waive the question and proceed
10 offer evidence his account the bill OF O&rvty as
wish TO ask q few questions relating 20 1t.
Mr.. Tremain then offered ia eNl denee the account 81
der the Auditor to draw the warrant ana the receipt
the He then proceeded with the e4am!r a.
ton Of the witness as follows:
Mr. Garyey, was this account verified
Mr. BurrllI-I object 10 tldt.
Mr. Trcmain-Wait until you have beard il. 10 the
witness.l was there any affidavit made by you in the
form prescribed in this printed banki A. No. sir.
Mr. Bdrrl.-Onc moment Mr.. GdTyey. You heard the
obiecti0ni 10 the Court We object because II Is rrr
eyan and there Is 40 rule OF law which Wsu Apply to
Mr.. Treman-I submit this for the purpose Of show
Ing whether not there mas been any audit; It j. tie
proper for IL 10 show what has been done ana WAT h7
not been done
done IN this matter.
CARNEY MADE no AFFIDAVIT.
@ Wa there any affidavit sworn TO by you At the tim
the account was presented A. No, Sir.
@. AID at other timel A. No, Sir.
@. or by anybody on your behafi A No, sir.
Mr.. Treman-I viii put this question 10 the Wit
Mr. Burrill-Do me- answer it; give a chance TO OBJ
O. Before you presented the account in question, did
Won receive from Woodward 4 memorandum IN writing
giving the amount OF The account aud aso ne date 81
the account which you requested to make out NIL
up. aud present lido mt answer at present. ana also
general memorandum of tho suoecs matter that should
Mr.. BurriI-Before any declaration o. Woodward can
be evidence 10 show that he acted In conspT
Gge Day-I Will admit this evidence and IL Is not
connected with the Mayor Will ask the jury to disre-
Mr. BurriI-whatever may be the rule in civil cases.
in criminal connection must be shown between
Judge Daly-An of.nse must first be shown and the
Mayor connection with II afterWard II 1t Il not ree-
~ Refore Won pre.ented the account IN question did
YOU receive from Woodward memoranda in writing Civ
ing the subject matter OF the account. together with
the of II and it datei ~ Yes, sir piece Of
paper. 49,
ward had YOU received aDy instructions from Watson
the Auditor IN relation to your taking Instructions from
Mr. Burrill objected The object of this, suppose, j.
10 show conspiracy between Woodward aud WATSON
Mr. Tremain-I wanted 70 show. IN addition. that
Woodward acted under the instructions OF Watson and
that the witness Instructed To take instructions from
THE PLAsrERER's Guide.
O. Did you receive these memoranda from Wood ward
As 10 the amount Of the account ts date. and the sub
stance OF Il A made the bl- IN accordance with
the memoranda given by WOODY ard under the head
ing and the dates.
Q. lie gave you a-o O heading 4. The title Of the
account: he said. Make your bills FOR such an account
Oh the Court house dated prior-such a date
Mr. BurrllI understand you To say you made OUT the
bill rs YOU were told A. Yes. sir
Mr.. Ireman-Is there any portion OF This account
that you point out, that you can ldenty as being
embraced I'm the memoranda given You by WOODWARD
whether il was printedi A. Yes sir; the -um total.
O. What else A. The designation Of the Dill; the cost
against the Courthouse.
q. And the datei A. That is approximatng; he said
pFOr-such a date.
Mr. Treman-Sow. II the Court please. put this
question the witness again. that you NAV see the new
light In which II is proposed 10 make IL admissible Du
receive before this account presented, lnstruc
tous from Auditor Watson the effect that you must 10
all RESPECTS follow the instructions OF Wood"ald "a
making up your accounts-thst your accounts "ouu
then be- paid and that all would be rIGht
Mr. Blrrill objected the latter portion OF the eNl
dence. and it was stricken out ,.,
Mr. Burr objected 10 the remainder OF tue Ques-
ton IA in no way affecting Mayor Hall.
short aud embarrassing discussion ensued. and
dn,Iv the matter was postponed until Monday norung
M N O'Clock 10 which time the Court ADJOURNED.