The New York herald., 1873-12-24
THE COURT rs.
Ex-MAYOR HALLS TRIAL.
Opening Address for the
Prosecution.
Testimony Of the Witnesses J, Garvsy
on the s.and-Ye Is Eot Cross- Examined
TEE CASE FOR THE PEOPLE RESTS.

rhe Court OF Oyer and Tcrminer yesterday was
crowded from its opening to the adjournment, the
largo being attracted by the trial OF ex-Mayor
Hall on charges brought against him as memoer
or the are Board OF Audit This Is the third time Mr.
Hall has been put upon his trial on these charges.
tho frst having fallen through in consequence OF
the death OF one OF the Jurors empanclied to try
the case. on the second trial tho jury disagreed,
and now, tor the third time, he stands as defend
ant in the courts. Public interest is greatly ex.
cited as to the result In view of the late convic-
tious principally that OF William NJ. Tweed, VINO
was President OF the Board OF Audit, where some
OF the alleged offences originated. Ihere Is aiso
great attraction in the fact that Mr.. Han himseu
takes the leading part in his own deience' suougn
secon ed 10y array OF able eoanse, IN the persons
OF Messrs. Stoughton vanderpoel, Buckley ana
AL. Dtttenhoencr who comes later into the case.
Mr. Hall maintains wonderful equaniInty, ana
appears rather as defending with his usual ability
the cause OF some client than being himself his
own client under Indictment. That there is great
symuathy with him was evidenced during the wit
ness Keyser's examination to his (Keyser)
adding 80 1-3 per cent to long outstanding bills
TO compensate him for several years delay OF
nonpayment OF the original amounts OF these
bills Witness said that he considered he
had acted honestly in adding the 80 Is
per cent TO the bills and would do so
again under like circumstances. Some demonstra-
tons OF approval followed which, however, the
Crer of the Court promptly repressed. But one
day. Yesterday, was occupied by the prosecution
In opening .he case to the jury and closing their
testimony. he defence opens at hali-past nine
this morning. and it Is expected that the will
be given to the jury this evening. Judge Daniels
Is prompt in his attendance, and the prosecution
keep their witnesses well in hand, so that unusual
progress was made yesterday. The Court being
opened at the usual hour, the trial was at once
proceeded WITH the matter of the Brennan con-
tempt case only occupying the few minutes that
the SEerld's counsel, Mr.. John z. Burrili, applied
for, and was granted postponement till Monday
next
TIE CASE FOR THE PROSECUTION
Mr.. Wheeler II. Peckham opened the case for the
prosecution, beginning by comparing the position
OF the prosecution to Nelson's before the battle OF
Trafalgar in its difficulties and its necessities He
then briefly skeched the history OF the legislative
action when led to the establishment OF the Board
OF Audit, when tae Legislature, meaning to legis
late the Board of supervisors out o. once, found IL
necessary to establish some board which should
dispose OF claims then existing against the county.
This Board was then composed OF the then Presi-
dent OF the Board o: Supervisors. Tweed; the
Comptroller Connolly, and the Mayor. the present
to the Mayors general duty to counter.
Sign warrants in which, where claims had
been properly audited by the proper examln-
ing officers. the Mayor perhaps properly,
SIMPLY looked at the certificate oi the auditing
officer ami that that was correct and signed.
He desired the jury to carefully distinguish be-
tween tnpt and the present case In TINS case Han
was one OF the very auditing Officers ON whose
audit he was 10 countersign inc warrant, and he
had very different duty from his ordinary duties
oil examining the audit and then counterSigning
the warrants, The cuarge mere was iOr neglectlng
this duty OF auditing tlity-hye distinct negects
were charged IN go counts but the icur
counts ON each Indictment might be divided
into two classes, one Tor wfully Deglecting TO
audit, the other for corIupty negiectIng. SO
there might be ITO CONVICTIONS. or SIS convic-
tions, and the legal penalty might be as many
years imprisonment and as many lines OF
$3.50 each or less He then called their attention
TO the resolution passed BY tue Board OF Audit, and
In this connection 10 the law as laid down on the
other trials viz, that failure OF the Board to
meet whenever they acted was a violation OF the
lava wiful neglect. lie claimed that the meet
ing at which this resolution was passed Was the
only meeting OF this Board, and thar though there
were certificatlons OF audit there never was an
audit OF any claims Under these certlncations
IngeEso, now in prison; A. j. Garycy, somewhat
noted pIasteler; and Il. A. woodward, whose care
for ninlseli had removed hum from the control OF
the Court. Mr.. PecHham brery referred TO the
method which IN the previous trials OF Tweed has
4 Cos and Garvey's bils were made out and
asserted that the proof showed that there was not
fraudulent. The moment they presented to
the jury tney would say they were false; tnat no
human being with ordinary capacity and ordinary
honesty could have looked INTO them without
seeing heir falsity; and they would be presented
with the choice OF saying tnat either the defend
ant knowingly passed q lalse Dill or neglected his
duty by not examining them at all. He die not
say that he was able 90 prove that Hail got part OF
the money; but II they came to the conclusion
that these men did not examine the biiis, or did
not meet to examine them, then they were guilty
guilt In the case IL was for the Court IN passing
sentence to give weight 70 that, not for the jury
In deciding the lact.
MIR. Storrs, the first witness called testified that
on looking he found no records OF the Board OF
Audit except the resolutions IN Mayor Halls hand.
writing and signed by him and Tweed and Con-
molly directing Watson, the County Auditor TO
and the and explained
the latter and pointed out the record oil the county
vouchers consisting Of 100 Items purpo ting 60 ge
and September 8, 1870, and how this was trans
1erred from the audit book, in which tne entries
were made direct from the warrants. He identified
the 10 keyser vouchers, which were admitted 70 DC
signed with genuine signatures, aud explained
where all these vouchers were kept, ana also the
"a Garvey warrants.
The signatures to these were not disputed by
Six Kcyser d Co. warrants were similarly identi-
ned and admitted, ana also one warrant to J. U.
Mob. Davidson, one warrant 10 G. ID. Boliar Co.,
anu one warrant to ln9ersoll Co., and one to
seymour Kennard Hay.
Mr. storrs then proved that all the vouchers for
these warrants, except ten the Keyser vouchers,
had been missing IRON the COmptroller's office
since the robbery there; he had had q talk with
Mayor Hall in the Comptroller's ofice before they
were stolen; they examined together the packages
OF the vouchers; the vouchers for these warrants
were then there he remembered seeing the Key
scr vouchers, Miller vouchers, g. -. Boilar vouch-
crs, Davidson vouchers Garyey vouchers and In
gcrsoll vouchers they were all In the same Term
as those preserved; they contained the audit GER
tihcate, the order OF the Comptroller and the bill
on printed form.
CRoss-ExAMINED.
On cross examination Mr. Storrs stated that
at the time these vouchers were lost other vcucn
crs, made out by the Comptroller alone, were lost
Mr. Hall, throughout this cross-eXamiDation,
spoke OF himself IN the third person, ~ "the
Mayor.r
Mr. Storrs further testified that the Mayor came
TO him IN July, and examined the voucberS his
recollection was that every voucher bore the Audi
tors stamp; the entries In the audit book were
evidence that the Auditors stamp was on the
voucher; the vouchers stolen on september
il ; Connolly was elected Comptroller IN 1866, and
ceased to be Comptroller In the latter part OF 1871
IXeed President q Hoard YiaOra