The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-02

ture, BY tue Beard OF Supervisors We now come to
so@pis!ion sSse before saa another provision q
100000 was voted. Starting IN 1858. with the pro-
no We AaSs
rived at the year 1870 when appropriations, running
dollars, had been annually voted. with the excep.
ton Of 1851 But we have not reached the end. In
or page SUM o ana 2 ners
to be paid under tho direction and super.
yisH,n OF the c,,C COMMISSIONER under Inc pro,
OF 1so that Is to say. the CHARTER or 1870 had passed.
and SPECIAL commission had been created for that
! purpose Aud who had the appointment oil tins
commissions Now the WORK was 70 10 done In ear.
nest. charter had been passed conierring tins
Who were to see that tie WORK was :e to be- done
Thus the Of all others In the city and county OF
selccted-A Oakley Hall, the Mayor OF the city OF
New York. The 100000 which was thus to provide
and to he paid by tho Comptroller. was to I've paid ON
the certificate OF There Ave commissioners appointed
was cast upon nm by law 10 see that they
| faithfully performed tber duties. Altogether by
o Tue You would suppose that Iat was 81
enough. and that the Mayor, who himself was
saae sn Nv so1d t be- aoTded
would ike. wien the proper Time comes, to ask HIM
s s Mayo would some eauoa
when bills Tor those purposes were placed before
MN 60 an or WARRANTS TO sg" se'"f onr n
Just think ofIt Thc interest on these various sums
sr1 SsSs sak ae sy al The s ea
There have been paid, In addition to these
csa voap wn' 10 ho az S1s
propriated by tho Legislature lor ta's spe.
SaO In . aa ,so5 n9 70 a that there
So, 100000 upon warrants signed by the Mayor and
Comptroller, so That, at the present time, this
county Court House not worth s3000vo0 with all Its
furniture, has cost no less Than SI40ooE0 and the
interest on It Is ABOUT 81 ooo 900 year We actually
| Court House would have been worth had ~ been
completed whenit was Intended that /; shonld be.
Should a be r a H VIII eos mol es
than $25oOD o0o. My next proposition Is that the
The Cams $ S
FORBID tho. prooaDhlty, or even me pos
s oSasn 10 relation 10 Se asec, ' matter
embraced in the Indictment What were his du-
M me @ ox ooe n fo "a saa Ga ns S
would discharge the duties OF inc ONCE to the best
Of his ability and called Heaven to witness that he
ton. lie knew tue case, and had not the excuse
that man not lawyer could have. lie perfectly
understood his duties, which, according to the char
! ter, were 10 communicate to the Common Council,
at least once year. general state ment OF the
causing the ordinances Of the city ana the laws Of
for WAT purpose might cali together all other
heads OF departments and generally to perform all
and to be responsible for the COCA order and ell
Gent government OF tho city. No one but the
|
city. No one but the Mayor had the power TO en-.
force the law. u Is therefore right that he should
As mayor he was APPOINTED aieoer Of the board
OF Audit. Now. gentlemen, were mis- Il ties minis.
By ministerial H ~" We mean Something clerical II
CLERK Of a court mas to administer an oatn and 80
sa Tgas nut we're 0f Saes of q
thls nature, IN respect to the signing 81
s oa AL r ~ sey %
All these extraordinary amounts in 6o and 40
were paid on warrantsIsgned by whomi 1call
falsely crhed he had audited. the claims specified
In this indictment, he had signed war ants Tor the
payment OF fabulous amounts IN connection with
this same SUBJECT; aud, therefore, he mnst have
known that there never was any such Just claim as
duties IN respect to slgoIng warrantsY TO guard
against fraud by vigilance aud ACTIVITY. Aud had
he tho po wer 10 guard against trandf Most clearly
he had, II was certainly his duty TO examine war.
rants when presented to him. We can excuse
mayor In respcct to carelessness In re-
spect to routine matters II he mad not
scrunnized them with extraordinary care. But
ness they include tue pay rolls, Tor Instance,
which come In on certain days OF the month"; and In
idly, without any great examination, trusting 10
those VINO audited them and who had signed them
respect ' to these Claims was his duty 10
them and especially II there was anything TO lead
Mr. cpo1 them rerersd to the V caee Of s fopc
against Mayor Wood. BARRIERS Reports volume Us,
re ol e If Sa been ao on rne 70 PAY
It was exorbnant ana iraudnieui. the Supreme
Court had neld that tue May Oh was rulIy Responsible
for the business OF every payment. even though II
had been passed py subordinate officers.
Mr.. Clinton continued-We charge Mayor Hall
with failure in nliHling the responsible dulles
which the law thrust upon him. have SHOWN you
what was hts duty That there was no preext for
not performing that uuty that IL was OF that char.
acter that ne had no right 20 shrink from the per.
Torrance OF 1t, aud have shown YOU that innocence
now come to our fourth propositon--,hat the facts
Will SHOW that he must nave known and in point
! dlcment were fraudulent. There are two sections
OF the Revised Statutes which provide Tor cases OF
this kind. The first Is found IN he Revised stat
uies, volume 2, page Cos, section 80. hat is the
! section under wnlcn this indctments framed, and
enioined by law upon any public oiiicer or upon
any person holding any public trust or employment
svey Tu neglect 70 perform s ,oI duty no
OF such delinqucncs, shall be misdemeanor, pun
!shaole as herein provided" the object Oh ina! sec.
Kind and all that Is necessary to prove Is wlul
neglect OF duty III the particulars SET forth IN the IN
dicment. There lsanother section, next TO that
ton, which Is as follows: "Where the performance
OF any duty IL prohibited by no statute and PEN
either in the same section containing such pronlb
tlon or In any other section, the doing Of
| such acts shall be deemed misdemcanor."
| Mr.. Clinton then alluded to the case OF inc
People W. Bogart. Bogart was police Justice.
serve notice OF having given bail to the District
Attorney lMayor Han at that time, aud VINO had
contnuedTo apply this case here, II Mayor Hall ala
n Of intend to audit and examine these and other
claims before the Board OF Audit, then he Is guilty
OF q wIlrul and deliberate violation OF the law And
| II ne Intended to audit and examine tnese claims
he would certainly nave done Il, and the TACT that
| he was not prevented, except by his own volition,
was all that was necessary to prove his gull. II
Mayor Hall deliberately violated his duty IL was
could be put upon his conduct. Mr.. Clinton then
| followed out this point at great and exhaustive
| length. alter which the Court took recess.
| AFTER RECESS.
Mr.. Clinton resumed his address to the lur,. The
.f Mar
| point which II was important for them 10 con-
slider. 1t would be claimed, no DOUBT. that the
Board OF Supervisors that ceased to exist In June,
1870, winch was superseded by the new Board, mad
| audited various county claims, which the new