New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-03-06

terday before Judge Charles F. DAILY the morning hour
being occupied by the discussion Of the objections which
pending at the adjournment on Monday in regard
to questions put to Mr. Lynes and going TO the real
merits Of the trial. At liO Mr. Lynes took the stand,
and Mr. Peckham again offered the Garvey warrant in
evidence.
Mr. Burrill said he understood that this warrant was
offered to the Court alone for its information as to
whether the vouchers on which it issued were lost
and ought not TO be read to the jury.
Mr. Stoughton argued the question, citing various
cases.
Chief Justice DAILY gave his views OF those cases. hold
ing substantially that the evidence proper TO 20 to
the Court and incompetent on the main Issue the court
could direct the jury to disregard 1t.
Mr. stoughton objected that evidence heard by
the jury have its weight on them by the consttu
ton of human nature and that weight would be pred-
dicia to the defendant. 1t might be easy in civil
case to certain items of evidence from their
minds but IL would be very difficult In this case-essen-
italy criminal He suggested that the Court could
dismiss the jury and hear the discussion alone. He was
free say the defense took the ground that no
oGense was charged by this indictment.
Mr.. Treman claimed that this discussion was OUT OF
order
Judge DAILY thought It would be more proper to raise
these after testimony for the prosecution
had closed their evidence.
MI stoughton asked how they could decide what was
relevant evidence until they had ascertaned the char
acter Of the charger
The snarl was dsentangled by Mr.. Tremain who
offered the warrant for the present only evidence TO
the Court reseryng the right hereafter to offer 1t to the
jury on the main issue.
Mr. Lynes then testified There Is only one kind OF
warrant used the payment OF all kinds OF claims the
accounts to which such warrant to De charged are
paced ON the margin these words on the end OF
the warrant County Liabilities" were used for no
other claims than those passing through the Board OF
Audit my signature put on this at the Tune entered
it audit book at that time the vouchers ana the
warrant were in my hands; personally Kept recotu
OF youchers;" this is the book now before me- from
pages iG7 to ago OF the book 1t is headed County
LiabilIties;" that account commenced and
the entries made at the time they purport 10
be made the date Is the date these
entries were entered in the audit book; Record No.
is the number the voucher; ITO whom" means the
party to whom the bill made out or payable; For
what expresses in general terms the character OF the
bill; voucher No." means the number on the voucher;
amount" is the amount named In the voucher; the
word 'here," under the heading of remarks, think
refers TO voucher not lost don't know why 1t was
made the figuring the foot OF page AGO. under the
head OF remarks" expresses the aggregate amount
the footing up OF all the account.
O. From what were the entries headed For what
copiedi
Mr. Burri objected that yesterday counsel introduced
another book purporng be book of original entries
He could not introduce both as original
Question allowed.
A. From the audit hook the figures in the record OF
vouchers under the heading "Voucher Nos" refer to
the same number in the audit book under the heading
| ".udt Nos" on the audit book the figures under
audit No." represent the numbers on the vouchers the
numbers on book and the voucher were made at the
same time first the book then the voucher under
.In whose favor and for what" the names of the
parties 10 whom bill is made out and the general
character Of the charge make those from the warrant
the voueher and warrant both present at the same
time under tie heading account is the sum named In
the warrant under the head "tOtal amount footed
UP the whole days transactions for each title
O How do Won get from the warrant what is written
after the word "for A. guess that is in the voucher;
the character the claim expressed on the outside OF
the voucher after it all complete except the receipt OF
the claimant get this from the Endorsement of the
voucher; the Endorsement was the Auditors business
Int sometimes made il made 1t from glance Mt the
hill: can't tell whether in this case Mr. watson OF
made the Endorsement from which this particular entry
was made never drew "A warrant without vouchers
7 never made these entries without voucher and
warrant
Mr. Peckham then offered in evidence the book of au
dit Mr. Burriu said he would like to crossexamne,
and asked:
Isori not the record of vouchers transcript from
O. Is not the audit book No. made from the warrant
also made ,. up by ydy, Sq c 4: Yes
q The warrant gives all the information that the
| autit book gives A. Yes Sir.
O. Is not your duty to I'LL up warrants when directed
to do so by the County Auditori A. Yes
O. Was not the blank called to your attention yeser
attached to the bill of the credor,was not that blank
so sae hsd ey printed Endorsement on the oud A.
Yes and contained blank for remarks relating TO
condensed statement of the character OF the bill to
4 which it attached.
Ordinarily, the County Auditor himself filled up the
o. when OF these vouchers to You, this blank,
MA
O. Did you draw warrants from that Endorsement A.
O. And in those cases you didn't examine the papers
A. No-only the Endorsement; assumed that TO be cor
serted the claim N the warrant from the Endorsement
@. You only noticed in general way, what was the
O. Looking at the entry in the audt-book, No eoI have
you any recollection of that particular youcherf A. NO
O. Can You say looking at that whether it is the right
wsrranti A. Yes
knowledge these accounts whether there was or not
| bill or account corresponding TO that amount A.
There was voucher for that amount for ,,e ,urv the
and audit book. Mr. Burrill again desired 10
o. You saw YOU led no the warrants from the indorse
ment Of the County Auditor on the back OF ar
You have no recollection Of any specific warrant
in this particular instance do you Know Oh
anne TO this blank No. from which you drew the
warrant know of my own knowledge when MAGE h
| warrant. ..o,, ,r,,o,
you drew the warrant was indorsed ny "a'Son A.
q Did you examine to see whether vouchers were at
o. II Mr.. Watson had handed you blank No; ]; in
dosed with the blanks on the al boss
documents to see what they werei A. should leave
| them as found them.
book and question then arose az TO the KIND on eva,
dence 1t should be seconaar ,Ss