The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-17


reaching result, was the ruling OF the Court, adj
hitting secondary testimony where first or princl-
pal testimony, owing to the absence OF parties
beyond the control of the Court, cannot he pro-
duced. AS before stated only two witnesses were
examined during the session, and the testimony
was principally confined to the manner which pre-
vailed in the Comptroller's department of trans
acting the business OF the department.
Yesterdays Proceedings.
Soon after the opening of the Oyer and Terminer
yesterday Judge Davis presiding, the examina-
ton Of witnesses in the of the People against
William NJ. Tweed was proceeded with.
Mr.. storrs. Deputy Comptroller, recalled, ex-
amned by the prosecutiOn-The witness testified
to the fact of the loss Of the vouchers on the 10th
or nth Of September, 1871 the doors OF the pigeon
holes had been closed and locked he had looked
for the vouchers; there were other vouchers in
other parts of the Office.
CROSS EXAMINATION.
On the cross examination witness testified that
he was in the Office the day previous, but had not
examined the pigeOnholes since about the middle
OF July the pige0nholes we're in sort Of closet,
with closed doors; he had not seen them opened
for two months previous; on the morning Of the
18th OF September he looked at them and found
papers; they were in the custody of the County Au
ditor, Mr.. Lyons; the closet was not marked.
10 Judge DdVlS-lue vouchers were LleQ I'D IN
bundles and labelled; the closet was kept locked
and on that morning he had found the locks broken
and the pigeonholes empty.
are locked, as Is the custom OF the 0ce to keep
them locked during the day; he could not state on
his own knowledge that he had ever seen the doors
must have been locked; he could not state but
that the vouchers might have been taken to an
other closet on the day or days before the loss was
By Mr.. Peckham-where is Comptroller Con-
noliyf A. l don't know; have not seen him since
Q. Has the Comptroller abscondedf A. 1t is un-
TO Judge Davis--The search for the missing
vouchers was commenced on the next day, but he
was not witness OF any search.
TESTIMONY OF WILLIAM N. COPELAND.
William n. Copeland was the next witness. He tes.
titled that he had been employed as assistant book.
trollers ONCE; he lad Charge Of the books In
which the accounts OF liabilities were kept part
Of the time; he saw papers relating to the claims
OF Ingerso, Carney, Keyser and others in closets,
which were not locked when he was there; all the
vouchers were not there when he left in February,
alter the claims were paid the vouchers should
have been placed in the closets spoken Of
Cross.examined BY Mr.. Burrl-The papers were
sent out Of Mr. WatsOn's Office to go into the pigeon
holes, but they did not always go in there; ne had
taken them out by Mr. Watson's direction, and had
renee; every person in the ONCE had access to the
pigeonholes; he could not tell whether all the pa
pers were there when he left the enice, as he had
To Mr.. Peckham-Could not say whether all the
papers given to Mr.. Watson had been returned.
taken out were kept, and when they were returned
an occasional examination was made to see If they
the sa Tine
were pinned together and sometimes stuck with
TESTIMONY OF STEPHEN LYONS, JR.
stephen Lyons, Jr., late County Auditor was
now sworn. He testified that it was his duty to
draw the.warrants the papers Of Ingersoil, Garvey
was the practice to keep them locked during the
night but they were accessible In the daytime he
had locked for the vouchers after they were miss.
ing, but could not find them.
Cross-eXamined-Het took possession Of the ONCE
Of County Auditor in May. 1871; he had frequently
taken papers from the closets to get information
nom them, and then put them back; he mad taken
them to different persons in the Oftice-to the
dozen others these papers have been absent as
long as month; the papers were returned by Mr..
Connolly at least they must have been returned,
for the papers were in Court; he could not on his
own knowledge, say that MI. Connolly ever put
being taken out and returned by dozen different
clerks In the Office; he has taken out hundred or
more Of those papers relating to county liabilities
those had been given to Mr.. Connolly.
He merely saw the bundle marked "County Liza
bities" taken out and put back; he merely knew
the bundle went cut In the shape 1t came back.
MR.. sTORRs RECALLED.
Mr.. StOrrs was recalled and asked question as
to the contents Of the lost vouchers.
Mr.. Field at once objected.
The Court intimated that the discussion ought
Mr.. Field said that II the Court had already de.
cided that secondary evidence was not admissible
Mr.. Justice Davis said that was not to be as.
sumed but on the contrary, quite the reverse.
After Recess.
Mr. St0rrs again took his seat on the witness
stand, and the examination was proceeded with
by Mr.. Burr The witness testned - ''N "''A
Mr.. Watson was appointed County Auditor by
Mr.. Brennan in 1884 and died in 1871 in January
witness has been in the Finance Department since
1857; the Auditors Office s bureau of the depart
ment; all bills pass through the Auditors Depart
side Of the vouchers; Watson had custody of
the stamp himself; l do not know In what
part Of the office 1t was Kept; the
tr0ller for these vouchers; l do not know why the
papers were not delivered when the committee
whether the papers were there when they called
Mr. Peckham then examined the witness on the
redirect as folows:-The bills were audited by the
County Auditor since 1868.
Q. Was it the duty Of the Auditor to see that the
vouchers contained anything more than the proper
vOuchng papers objected to.
Counsel for defence claimed that the question
was not competent, FIRST because the witness
O. what did the Auditor do in auditing these
papers'
Auditor Watson was now defunct, but had left be-
hind him monument in this stamp which would
show what he did. This stamp read :-'Finance
Department, county OF New York. Examined by
me and found correct. James Watson, County
Auditor.n
The question was modified so as to require from
the witness statement Of
THE ACTUAL FORM
80 far as the witness had observed 1t, of auditing
papers. The explanation was very dry to listen to
and would make much dryer reading, SO It is
omitted from this report At the close OF the wit
ness statement Stephen G. Lynes was recalled to
the witness stand and examined by Mr.. Peckham.
The latter gentleman has peculiarly rapid and
aton being rather indistinct, and tie jury evil
IDENTITY did not at all times understand the ques-
tons put by him. as they contracted their eyes,
opened their mouths craned their necks and
placed their hands to their ears to catch the sound
OF the lawyers voice It was also noticeable that
the counsel finds it much easier to examine a wit
ness by having his (the counsers) foot the seat
of adjacent chair ia nhot,lv