The New York herald., 1872-11-02

Mr.. Lyon said II was one OF the minority, and I
took the view that the Mayor did that which |
have done myself and which thousands OF city men
do to-day, signed warrants and certificates ON the
faith Of an audit by some responsible person.
Reporter-Then you took the ground really that
that in that view he faithfully performed them9
Mr.. LyOn-Yes, with this difference, that II the
Mayor was called upon to audit and did not do il
point my impression is that the prosecution did
not prove that he did not audit IL was to satisfy
see the evidence.
Reporter-Then do understand that you were
all satisfied that there had been neglect on the part
Mr.. Lyon-Yes, l think we were, but we were
all under the impression that we must define the
character oil that neglect, and when we came to do
that we differed and after long, honest and faith
full talk, believe when we went to ballot 1t al
ways turned up seven and nve From this difn-
Guilty we could not get away. The majority and
minority were equally frm.
Reporter-Do you think If you had had any in
structions from the Judge as to this point you
would have agreedY
Mr., Lyon-yes. ! do. and | was for that being
asked or the Court, and for the Judge to send ,is
back believe five had been sent back we should
have agreed.
az 70 the character Of the neglect
Mr.. Lyon-fes, | do. ] think there would have
been concession made on both sides, and we
shezld have simply said that the Mayor had been
guilty OF neglect without saying what that neglect
was; come OF the jury were not very clear about
that. / am certain that the prosecution did not
prove that ne had neglected to audit and did not
prove that there had been no audit and thought
they were bound to snow that
Mr.. Wsrshlng, VINO Is an agent In Sixth avenue
arI was one OF the circle by whom the reporter
was SURROUNDED, said III held the view that Mr.
Lyon did, only 4 think 1t was held rather more
strolyy by me. You see, merchants leave
their check books with their confidential clerk or
cashier, with tier signatures attached to at least
forty bi&1k cheeks: they do this again and again.
think tine Mayer relied up.n others TO audit and
merely put his Signature TO that which was pre-
sented 10 him. VA thout any examination in the
shape OF an audit;,I don't think he did that will
fully.
Reportcr-Tlen you don't think he was called
upon 10 auditY
Mr. warshing-T DOM think the prosecution ever
proved that he was am wish the Judge would
have let US had the trans, 'ript OF the evidence.
Several OF the Jury-Oh II we had had that we
should never have got to any decision.
Mr.. Warshing-Wel we hS We not now.
MT. LS on-Why, We all knON tIiat we should never
get through our business IL we did not take great
deal for granted and rely upon our employees for
accuracy OF detail. ] don't tnh1k we ought to
apply to the Mayor one rule and another to our
selves. Though they put us into dreadfuy un.
comfortable room, with an escape Of gas from one
Df the pipes and we were obliged to D, ,,en the win
low on a cold night, think IL would have been
better for MS to have gone back again aLter an In
,tructon from the Judge.
Several OF the Jury--That is better as itsjs. We
should never have agreed.
Mr.. Sparks-Iicre arc your certificates gentle
men.
The jury then went to Mr.. Sparks desk, each rt-
,eved certificate for fourteen days' attendance,
iha SAID tbey should each make tracks for home |