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


ayerment without auditing, and the law 1rcsurDes
any we must go further 70 learn there b.. bee.
alleged does in audit claim which wac
not given nor auditing that claim which was IN any
them when he had not II that secondi indictment s
the sR aHs
TO have been asdted were fraudulent or not Justly due
he Intended to defraud the county by any false audit
and there Is clear that Connolly could not b.
ficate to have been fraudalentiy drawn may be per
IN m " .
Ing q claim known to be unjust. Auditing the claim 40
ptaae; It nvolyss 11nia%y reis;as :%%
woSa not Involve moral tarpitude and Is altogether
tinct from the offense sought 10 I've proved here.
THE MAYOR AND THE MOB
Having shown how utterly distinct these several
charges stated OF wlfully refusing to audit and
improperly auditing, say whether the indictment be
for wiully refusing audit falsely certifying that
the audit had been made when 1t had not neither charge
is by showing bill all but ?; per cent o. Sh s
w Sad Sq sns ps be-
gested that Mayor Hall in so doing acted cornpfy.
struments ready to set the law ~ operation mt !,
oense which the learned counsel for the prosecution
think the one and the only one upon which the seon
all times and in all places the n Sn an + n
to ,s% IN any 70 os way How mob may
pursue to the very portals OF me house o, J
but when they get within their hands become neryee.-
aud the law rises up and takes its course accorung
these established principles only necessary foi
the protection OF the defendant but also may pleas s
ghen the JSSSs h human ss as se ~
higher power. which must not fan conform to-" 80
answer to the Disappointed hunter is II sacrifice only
With the legal an6, as S ss ury left ssh %
to them Permit no one TO speak to you about th.
& 81 G Ba Gs say pyu? p
utter their denunciatons and breathe their arguments,
nothing TO prevent them reading that which malice
utter but the time may come when the Court may o.
your Honor do All have now say is. that If & shall
be urged that It Is necessary TO prove IN any VIEW MAJ
be OF The n Tst he
knew it TO be false and fraudulent and so knowing re
fused to examine it, or so knowing 1t falsely
oaense must be ayerred and proven. ,.,o, - nah.
out that the Mayor wifuly neglected to and or thai
he audited false and fraudulent clalmi When 70"
audited false and fraudulent claim, and If that be
essential to make out the offense indispensable tna'
attention only for moment a on that subject IN
XVIII Wendell 27s The People aet. Cooe. Mr.. slough
S "n ai' snT ee case from XIII
Dnpuy agt the People, containing the decision OF Jug"
Judge Da the conclusion Of Mr. stCmghi is re-
Witness might be asked all that he knows respecting
claim on what IL is founded its entation, and it,
70 to sns e his S for such ruling
but would decide for the present in that way na mr.
then called A. j. Garvey again u inc stno
| TESTIMONY OF ANDREW J. CARNEY.
| Mr. Garvey was examined by Mr.. Tremain a. fol
| lows.
O. You stated last night that this paper copy Of
the account which you presented do you now reeoo<'
| the nature of the claimi A. Yes Sir.
| O. The question put Ia you last night was whether
that claim Just and honest one; now wish You to
answer it. A. No, Sir. sensation in COURT
| q. How was il made upf On what foundation II any,
| was 1t made up that particular bill
The question objected 10, and Judge DAILY repeated
that should allow the witness to state all he knew re-
speeding the nature of the claim Its foundation and all
| Mr. Tremain-I am now asking that he proceed fuf-
| Their, and state the nature OF the account -,
cover it, the nature Of the case is concerned
Mr. smth-He ha. answered that it wac not an honest
claim and to Inc that is all that eau DC mate
| Mr. Tremaln-I asked the witness to state whether
any part Of IL Just, what foundation there wa ~
any, for it; and don't understand your Honors ruling
uiee Day-I stated that he might state all he knows
respecting the nature Of his claim, On what II Was
founded presentation and all that occurred down to
O. Now 20 on and answer the question.
MIR. Burrl-My suggestion 10 your Honor was heiher
his did not erything needed here for ID"
M. smhHwe Object specially to any question which
goes into the nature of this claim beyond SIMPLY Staring
the fact that county caiu and that the claim
was unjust That Is In under our exception ALSO
bat what benefit be Ia the issue that Is here "a be
tried 90 into bill OF particulars In reference 10 this
claim Now II the object of the counsel in this s
| 10 crafty the audience by giving them history
of this and the nature OF these items specifically
that is one thing here for the purpose Of
combining the issue TO the record, then we are confined
simply testimony that has relation Ia the charge that
ia made beyond that 1t cannot benefit this prosecution
has business upon the records Of evidence M
this Now, the ground, as understand IT, upon
which your Honor has permitted this testimony To D.
other. II for the purpose OF
showing that it Is a county liability. Now. II II be com
ceiyed In this that the indictment was brought IN
allow that should not have raised the oeetoh
| THE MAYOR WILLING.
| Judge Daly-I have reason further than thar.
Mt. Smith-we not finding fault with yOur Honors
statement. don't think your Honor understands what
mean. [At this juncture Mayor Hall stepped up
ear. Mr.. Smith continued j My client states he ID
fectly willing to have it all in, and has been willing all
| Mr.. Tremain-I don't suppose that is in order
Mr.. Smith, suppose 1t Is in order.
Mr. stoughton remarked that did good to get into
| Mr.. smith, don't propose to get into a wransle
| about II.
control this counsel II wond great deal Of delay
this investigation submit this not proper to-stafe
| what the Mayor wishes or does not wish.
Mr. Smith-My objection IL a specific in this case,
and don't think that this rungI didn't at least under
stand that your HonOrs ruling went TO the extent
allow them to 60 into bill Of particulars Of his account.
| Now II your Honor goes TO that extent-
Judge Daly-I think said would allow the witness
TIE IT, m scS SoSn e
Mr.. Smith When your Honor made use of the word
mature" Of the claim did not suppose that any par
tcuars intended 60 into the description 81 the
bill We can speak Of the nature Of claim whether
for city county work but that would meet fully
| the statement announced by your Homer.
Judge Day-I added afterwsrd the foundation" Of
| the claim which Is about 1t broad word - couE
Mr. smith-we wish 70 know whether your H>nor