The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-02
MAYOR HALL.
OPENING SPEECH OF the PROSECUTION.
Was the Mayor Guilty of Will
full. Neglect!
Review of the History Of the New Court
House-lIOw Much Money II Has
Cost and Where II Went.

openeo There was not lnuch excitement In Court,
however, yesterday and the audience was some
what limited In numbers.
OPENING OF Mr.. CLINTON.
AFTER the Court had been openet Mr. Henry L..
Clinton said:-
Sau and mournful Is the spectacle lhis day pre-
sented The Cnle Magistrate OIL your city Is on trial
OF most serious magnitude. line be guilty the dis
grace TAILS not alone on MIN and those near ana
@ 81 he on te nos Hn o s
u pail OF inlamy oyerhanglng tins city.
In n s naDo ns as o.
deep ana adding interest. il wrong and injustice
unimp0rtant individual IN our MIDST an outrage Is
infIcted upon the whole community. To the tate OF
our Cnle Magistrate no one can DC indifferent The
law, wnle IL invests hun with dignity clothes him
With protection commensurate With HIS nigh offce.
But hyn as may be ms Onlcial position, it IS not
higher IMAM tue law; elevated US ne is, lie Is not
above the law. IL ne violate law, II he set &C de-
lance the criminal law, Justice, blind though she
has been too long, III lay her hand upon him with
Is firm grasp as upon the meanest and most lowly
IA the land. Not official ropes nor wealth Will pro.
tect; those who 1Ock TO the Temple Of Justice will
AOok III VAN ior the Inscription on It's portal:-
The strong lance of Justice huricss breaks;
Arm 1t In rags, pismy straw doth pierce Il.
Gentlemen with me this day begins the most pain.
iui dusy Of my me- Since first met the defendant
o. this bar anu was introduced TO him by the late
n. b. Blunt, then District Attorney elect, as his APP
pOinee for the office OF Assistant District Attorney,
nSn WEE were yoH: hSs
we peon opposed In various casei not
few OF them SURPRISING II not eluailing me
induce me to appear mere as the prosecutor OF one
who at this bar has 50 often anu 80 successfully
prosecuted others.s And must regret gentlemen,
tim! aurlu2 the preliminary examination OF Jurors
IN tnts case an attempt was made TO require you
nected with the prosecution motives oil personal ant
mostly existed. SO Tar from that, II know my own
m so no s wiz
from you, gentlemen. l Will not deny that al
though we both belong to the same political
party-he 20 one branch ana l To anOther-ior tile
last year or TWO. l have opposed hun and those
connected with nim called the Tanmany Ring.
1 nave denounced that organization ana 1
have maze many speeches. In TINS City upon that
subject; bu; So far as any personal f!eelng IS con-
cerned, never entertained 1t towards him. And 1t
was not uulIl yesterday that knew or had any rea.
con to believe IN tile existence OF that which, were
ne not on trial, snould almost call a petty malice
or childish spite on his part. regret the eyhibt-
tton oil 1t, and assume that the counsel dia him IN
tusllce; Tor do not wish the defendant 10 appear
before you In this case win o ny such prejudice
against himself as conduct like that would give occa-
SION TO- therefore ask you 70 dismiss that from Your
mtnd and not 10 attribute to THIS defendant any
OF those little Lettings ol petty malice or spite which
you wouid suppose TO exist irop the conduct OF
person charged with an offence entitled TO q Iair
ana Impartial trial Ut the hands OF jury OF his
ann we may nH Una. T1es
an regard TO the scenes which have been enacted
before most OF you yet II they are calculated to
give rise TO any prcJuilce against this defendant
trust you VIII dismiss 1t entirely from your minds.
come before you, gentlemen at the request aad by
the appointment and designation OF the Attorney
General OF the State. My associates occupy the
same position. 1t = position occupied ~ HIS
Honor upon the bench. who 81 request or
the same high oncer, as well as by the
request OF NOSE connected with the Court
leave the @u,ics OF the court Of wnicn he is the
h0nored Cmei Justice 10 preside over your deiiD-
arations here MY associates and myself wnen
led hrst luw n
the Attorney General, as suitable and proper pro-
tessonal gentlemen 10 conduct this case, did not
feel Al liberty TO decline the high duty Imposed upon
us. know that none OF Us VIII SHRINK from tnat
duty but al the same time We VIII discharge II
fairly, honestly, faithfully anu impartlaly. We can.
not disguise gentlemen, the peculiar Situation OF
affairs la our city when have given rise 10 This pros
ecutiOn, and wn,lc would desire 10 Keep politics
as far as possible out OF this case, yet We cannot
ignore that which we ali Know. that great reform
movement swept ever THIS city ike tornado, up
roofing infamous abuses OF long standing and scat
teriUg t. the iOur winds tie consprators against
tue pubic welfare and the public treasury. We all
know mat during the ias summer this community
was astOiinoed Oy the disclosures OF frauds upon
the CITY treasury OF most gigantic character. And
It was well that the publication was made for in
o very lew years at Inc rate we were progressing,
tins city would have been bankrupt aud you would
NOT have owned the houses in which you lived to
say nothing OF the decentralization which Was spread
Ing throughout his community On The Isl day Of
January, 1862 the city and county debt OF this city
was so6 l9 92- 59 Oh the 1st day OF January, 1879,
had increased 10 TAI 80; on the LIST day or
January 1884, It mad increased to s13,873552, ana
u, t.0-
the rate tne increase OF the puoc debt was going
on assuming mat The city property doubled III ten
s ahsar a mo oa zen
real ana personal, In this city; IN twelve
years, had the debt increased double IN
two years--in Iaci II was doubling every year and
U ha.-it would have been greater tnan oil the
property In tuis Sta.e, and mad II increased iOr
eighteen years at mat rate 1t would have been
greater than assessed value OF all the property
real anu personal, In the United states. No won
der. therefore, qentlemen tnat the public attention
Charges were made. And, while these charges were
made against certain officials, ask you. gentle
men, not to visit upon this defendant any prejudice
arising from that fact: not TO visit upon him the
consequences any further than we are permitted 10
prove in evidence under this indictment MS connec
ton win one OF those frauds. IL Will impossible
for Inc 10 present this case properly before YOU 1t
Will be Impossible to do justice TO the people or to
the defendant without calling your attention TO the
laws Clothing him with certain powers as bearing
particular case set fortn In the indictment. You
are all aware that IN 1870 democratic Legislature
OF both branches anu democratic Governor car
RED on tins state government. You are also aware
mat during that year charter was passed. and for
the purpose OF showing the opportunities the Mayor
had 10 ascertain the existence OF the frauds, anu
the particular fraud charged IN this Indictment, IL
VIII DC necessary Tor me to call your attention to
the powers with which that charter clothed him.
That was most extraordinary charter. You have
heard inuch about 1t. Some OF Its provisions were
u u Sr s 70 cover
eHmms new ones; .nlra 10 prevent the people
e eS"g gupis s% qeT ss and fourth to protect
or the frauds. In the observations which viii sub
init to you, as they are necessarily not as brief as In
ordinary cases, for the purpose OF being orderly
snail endeavUr TO observe tue following outline or
heads. and shall address myself to the following
proposltiOns:-l shall first direct your attention 10
the extraordinary opportunities the law Afforded
tine deienuant To ascertain about the frauds con.
nected with the Board Of Audit, the claim specified
On this Indictment and kindred frauds connected
with that Board or Audit; secondly, I shall
endeavor to show you That the law gave the de
fendant opportunity, special notice Of the fraud In
regard to the County Court House, IN.
cindng the fraud specified in this indlct.
ment; third, ] shall call your attention TO th'
duties OF the Mayor enioned by law In reference v
the aic2ed claim specified In the indictment ant
kindred calms; fourth, shall call your attention
TO iacts showing that the defendant must nav
known, aud, IN point OF law, did know that tn
CLAIM set iorlh In the indictment was fraudulent,
not altogether fictitious, and he wiuy ana de