New-York tribune., 1873-12-12
TIE PROCEEDINGS.

ffst other wise known the Badeau charge. This is
that the DstricAttoney improperly prevented an ex-
animation Of the charges against public officer
Winchester Britton testified am DistrictAttoruey
Kings County, having entered upon my duties jan j.
1872; the first connection that had with the Badeau
matter in February Of the hrst year OF my ter'
when met William A. Cot in the hall OF the Court
house he said to me, in substance that be had Just
asked Judge Moore 10 charge the Grand Jury WIN
reference to some complaint which the Com
mittee Of Fifty had preferred against M ~,
ms request the following June met Mr. Coit ana
Gen. J. C. Smith the former remarked that the county
Judge had not vet charged the Grand Jury III reference
the matter of which he had spoken to me ne Also
asked II the matter could not be taken before the Grand
short jury that many eases werc before It, and that We
dosrOus OF getting through before the hot weather.
ia the latter par OF August or the ISL on sept M cO.
TO office, and the Badeau matter again came up
IN conversations said TO him. while every man mas
q neht 10 present "a ease before the SFahd JIrs'
would il not be better, inasnuch as MI.
Badeau has heretofore borne very hlgh IePu'a-
ton IN this community ana more Just TO taAe ms cas-
first before magistrate and give him chance 10 ne
heard he answered that he didn't know but was 1ght
and went away; 10 my knowedge tha' Is te Idst ana
only connection had with the Badeau matter; never
told Mr. Colt that man could 20 before the Grand
jury without my consent; the Badeau eharge tG me
beet of my kuowledge. was never before the Graha
Jury; believed that the Hypothetical question which
the foreman OF the Grand Jury asked me concerning a
complaint against public officer, related to Controller
johnson; to the best OF the knowledge then had 1t
might related 10 Badeau; the name OF the Oieer
under charge not mentioned.
prosecute before the Grand jury all criminal cases
which fhe believes there is sufficient evidence TO
duty law is take up and prosecute all the criminal
ononses which come to his knowledge; he can act on
his own discretion only in two particulars; when be
that person charged with Oheise Is innocent
lac ought apply for "A noile prOSeqa, and if he finds
prosecute he Ought TO wait until he ~ further ey
dence knew that the charter provided that the Collec
Tor of Taxes should deposit each day lu
The treasury funds which he had collected that day
IL WAS matter ol publicity that Mr. Bddeau, the
Tax Collector, did not do this but Kept the funos winch
he rad collected for longer or shorter period away
IRON the treasury / made investigation whatever
tufo 1 IL u
Of the charter unless with CRIMINAL
intent il was within nv power to ascertain the truth
pf these charges II clear 10 my mind that charges
have heard that Mr. Chtenden had presented formal
complaint 10 the foreman OF the Grand jury did not
prevent Mr. Colt from going before the Grand jury he
was at liberty 20 there If he liked; Cdr. Colt was
heard a, this juncture whisper TO friend that MIR.
Britton and himself were entirely az variance ON that
poino never dissented To any one 70 'ne ue"" e"e
being taken before the Grand JdIy.
Theodore shOtwel testified: was a member OF the
Badeau Tax Collector Investigated by that Grand
Jniy; no papers purporths 10 pe cnafges agains, i
presented 10 the Jury IL my knowedge; charge
against Controller johnson was considered by us; ms
charge that he had received from certain banks
about $50 improperly we iuVesugated the manner IA
which he conducted all his ofhcld business; our lore
man, Mr. Baylis. asked District Attorney Brtton hypo
thetical question the pnrpor OF Snlch was tn1t II lne
Grand Jury found thar any Official bad received money
sold bonds under par OF had kept cty money on de
post, no couid be indicted the question Iela'eu 10
johnson this he answered tnat II there was shown
any criminal intent, or any profit sSnng to the
official through injury 70 the city, lac was habIe 10
indictment ana punishment
To Mr.. CadwalladerI do not pretend TO say hai Mr..
Bayhs did not receive complaint against hr Badedu
MIR Chitendeu did not take 1t to Judge REYNOLDS
ana get his opinion aud then take II back 10 tbe
Grand jury all mean to Is thai dld not heaI OF
the Badeai matter until tho beginning OF this investga-
non and because had heard Of The Badeau matter
supposed the Hypothetical question pat 10 he istiCt-
ATTORNEY referred TO johnson; DO not Say that Nil
Baylis did not have such paper.
Mr. CadwailsderYour testimony does not agree with
against Badeau were before the jnry will yOn stale
what other particular ms testimony is incorrect
The witness obhpneIy offered To inform Mr.. Cad
N afgtt QN...f
inaccuracies there in Mr. BayiS's testimony but
did not wish 1t recorded testimony. Mr. Cadwalader
deolined with thanks. +. g Graves, August Glider
rnester, Samuel r. Fowler, Edward Indigo Charles L.
Morris Henry sackiuan. and John a. kIuse, members
Grand Jury before whom the case Of Controller
johnson was brought, coTohoratcd Mr.. Shotwcl. None
Of them hod heard OF the Badoau while serving as
grand jurors for all some OF them knew 10 the con
,rary Mr. Bayiis acting in his capacity as foreman.
might have bad the charges against Mr. Badeau in his
mind when be asked Mr.. Brton the Hypothetical QUes
dion.
Charles Baylis tcstiHed was foreman Of the Grand
Jury of September. 1872 have heard the testimony
winch has inst given by other members Of that
Jury charges against controller johnson were then IN
vestgated ny Us the charges were OF taking brides ana
general inatentOn 10 the business OF his once; the
Grand Jury resolved 20 consult Mr. Brlton they sent
for him aud he was asked ahou the s2o gwen by Tue
futou Bank 10 johnson, and whether u was present
brbe; he told ne that II he received IT as brlpe he
ought 10 be indicted; was under me ipreS7iOh lhat
drought the OF Mr Badeau before the Grand Jury
and Mr. Brtton but since so many OF my fellow Jury
men swear that did not, can't positively that
did I; think may have been mistaken don't Know.
Nj Tracy who had from the first heen putting lead
inow~ G'
Nj speir- Mr. Tracy don't say "don't Won know"
The wtness-T consulted with Judge REYNOLDS about
the Badean matter and suppose he told me there was
nothing in II, and rather think dropped II.
To Mr.. CadwaadoT-When testified last FRIDAY
occurred before the Grand Jury whatever difference
there il what then swore tO and the testl-
Witnesses asVs who preceded me said know that Mr.
Cmttenden gave me the charges against Badesn the
rect except that do know positively that took
the Badeau charges before the Grand Jury II Is my ex-
perieDoe that "a complaint might be knownto some mem
iers OF jury and not TO others; might foreman
present something 10 one OF the jury and not to others
THE SECOND CHARGE.
The defense then took the second charge, mat of
Intentionally protecting persons guilty OF violating the
election law"
Winchester Brtton recalled: In December, lsl after
these indictments for election frauds had been FOUND
ssw my predecessor (Mr Morris) At my bonse told
hun he ought 70 prosecute the election cases ~ the end
or not begin them 10 Justice 70 me- because ne % wSnn
naturally prosecute those that strongest when
would leave me only the refuse and that would put me
nifty be promised to nnish them up; / saw nim
toward the close OF The tials ana ne lYa
and th.fe who had not been prosecuted who
were worth IL TOLD him that If he w1u'd noHe
In the cases, t would relieve he said he would do
No subsequently he told that he thought II would
NOT be best enter moiie. because the public might
not understand IT, and proposed that should write him
letter TO which be would reply 80 as TO viudctc me
agreed and wrote 10 hiIn 0n Jan I, ls'2 Nir. BIOn
here read the letter. MI. Culen ana myself looked
these indictments, and concluded that ont oi sew
enteep there sI cases on "hcb convictions ought
10 be had received reply dated Jan. 10, Ia ret
ser 70 Mr. Morris III which ne advised that al the
tasee worth prosecuting had been irieo'
The witness then account "f the interview "-
svesp himself and subcommittee Of f'e Committee
Of Sc yenty -Bve which appointed 10 In,esgai" why
~ dis pot prosecute ibe e,eot,0D cases He be1i'h
,,s,ssd vLy We Lsd SS sea certain csses sno be re-