New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-03-08

To-. o .
O. At the time you received the warrant. we're there
au papers attached together-was the warrant pinned
O Their 9ere other papers with III A. There
three papers the warrant and the printed psper
think one called the certificate Of the Audit Board
tbe other was certificate with Mr. Connolys 1t.
O. Printed and filed ups A. Yes, er. $500
Sfr. Peckham here showed the witness exhibits Nos
AM MI MISUNDERSTANDING exhibit No. 2-wth the e1
ceptOu filling IL that the form Of the certificate
Of audit you have referred toi A. There s another be-
O, Showing the two exhibitsl 10 these correspond
with the certificates yOu speak 0i a think they DO
O. From whom did you receive the warrant = From
O. Were any other papers passed between YOU at that
O. Wnaf were they "a Woodward called lne into the
Chamber Of the Board Of supervisors.
@ what papers passed between you 4. gave him
A. To- this bi did you give receipt TINS bill
A ". sir. | signed a receipt for II.
a. O Was t1at the form ~ IL Showing paper marked
EXHIBIT No for identtcston.' A Yes sir, that l.
tb. form Of lt the form ~ the bank.
o Won gave receipt attached the bill and handed
II back at the time received The warrant A. signed
o These papers in connection with this account, and
the warrant did they al come in togerhert A. The pa
pers believe, belonging TO the bli ana the WARRANT,
H,rr an pinued together: the warrant was pinned
ifd think the others were nuciiaged together
q The warrant was separated and YOU got itf A. Yes
q IND Won eft the balance Of the paper with Wood
G. Wac hi. account ju~t and honest accounti
Instantly MF Burril for the defense was OH hi, rect
and the fight Of the defense was resumed
Mr. Burrill-We object. What l. rhe object Of TINT
Mr. Tremaue-Perhaps ought out ~ frankness 10 The
entiemau ou the other side the object of the
ouesti'n Wnat want 10 show 10y TINS question thaf
this entire account, with the exception OF perhaps %
cent Of n was wholly fictitious and had foundation
uhat4ver in Justice, in honesty, and IN fact
Mr. stoughton-One would suppose that any person
who was acquainted with the principles applicable -
criminal law and who had read this indictment would
hardly serious in Offering to The Court evidence OF ths
kind This indictment Is framed under section 81 OF the
RevIsed Statutes which You will permit ME TO read,
perhaps: 10 .o;oo.J h, Ia. mon any pub,, Office,
~ roa gS person bedding pnsc employment wul
neglect 70 gsI n9rb ans such a
The indictment Is framed under that statute upon the
theory that the duty raised under section OF the
act of 1870 which the Mayor of the city OF New YORK
wuy neglected TO perform Lev me reaa mat % 5
u.s.ss Of this .Odie by the Mayor Controller and the
ar sapd shall b. provided for ~ he ssoe Of revenue 6on.
hs Count o. sS ia The oriasncs s1yius year
1874 amount ueo' TO pa, saSn osr' NO ~ H STE or
s 70 he upon esease Of The osrs named S'en
NOV you WI thp the province OF section IS is binding
sI.o on the others who compose the Board OF Audit
Now Il Is DOT very difficult to imagine that certain Claims
Ne p.s-ed by the Board Of supervisors and that
the Mayor might understand his duties, imposed upon
himself and bis associates were substantially mnise-
rial for al claims approved by the supervsors became
liabilities against the county mat ma peen aecIueG ~
the county it is not dcuc TO understand as he states
in MS message, that his duties were ministerial
His duty was Judicial and for the exercise OF
that whatever ProSt he ''% % ase 70 as sAst
your Honor to-day for the exercise Of your judicial
dnt
that the nature OF the duty the nature OF ths Oh
oaton this imposed the Mayor and his Assoc
GATES by the fourth section judicial, ana repeat
tha m the OF fraud malice die was az lnde-
that position your Honor OF the penehi
TO private action at
80 10 no acton the suit OF the people except IN case
~ fraud and malIce Mr. Stought0n ssd the lndict-
me mi against the Mayor already published snd con
Wn vonT Honor will observe that the indictment
Of June IL became and the duty
n, NJ Hal under fourth section or the sac act to
audit a claim stated certain papers then ana tbere
10 theIu each or them liability against
IN. sad county and by andy IL viii be material to De
t4rmIne whether is any svermeDt az ali IN the ihdls
menf that this liability. IL simply
stated that the claim. as u liability, was pre-
ssnted WITHOUT ststing that II was 49, am nov
Iookipg al thn supposed 0nense charged Your honor
nero. ca that IL simply aVerred mat became Ine
au,y Of RI MAYOR audit claim stated upon certain
papers then add there presented a. q naui'y
sa.a county incurred previous Ia the passage O sald
aet which said papers presented contained clhih
Of so much money for labor and materials done or
furnished To the Court house, ah atgth ID tIch caih
! Then The Indictment proceeds % charge
Nj Stonehton read remainder Of the trs; count Of
! Tho indictment and continued:
Now that constitutes the entire Grs count 10 the IN
dl,tmen occasion 10 show that tie second
count OF the ncetment is precisely he the nrst, In
on with an additional circumstance or two which IN
| Judgment OF must be rejected utterly ~ sur
pussge making charge I'd the nature of TIE cnense
/ Mr. stoughtop read the second count, claiming that
| The additional words ubswfully and eorrupty" IN
tina, count did not add anything 10 the o6enss and
xhouId bs excluded They did sda anything u the
character OF the charged They we're not aver
nsnss fsen tLs tscs previously ssssssi