New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-12-03

say that you did not obstruct tho Grand Jury but that
did not know Of tnese complaints aghbs' b"ood"
We propose IA show nat you ala KNOW thcn'
TESTIMONY or VIM. A.. coir.
VIM. A. Colt testified; am amemoor OF tine committee
Of fty had interview with Mr. Britton on the SUBJECT
OF those complaints against the Collector OF Taxes Gen
Smith, Mr. Chttendcn and myself went TO the Court Vi
Sessions Judge Moore presiding to presen, the cas
Jury before his Court that term when came on, VI
Court met Brtton and told him we were gong W sun
init the evidence TO the Grand Jury that month anu We
had better wait till the next month Ihe mex huI,i
We met him aran in the Court house, and asked nm
abont The Comfy Court not having Grand jury That
term He said the CoHrt of oyer and 1einner ~ u
Grand Jury for that term asked him we should Senu
in our testimony 10 hat Grand Jury lie sad we mad bet
ter wait till the County Court had GLuu d. S >
which would be the next month MI bau i rr .
name was mentioned ut the time, and also the eharIo
against him, wit: that he had KEPT ,S on ooo n n
hands contrary iaw between 5000 ana 1o'G ee
the citys money; stated this to Mt Bltl9n tno
charges against Badeau were also statet az our '' NJ
terview with Mr. Britton; the thrd tinio rr tes
Britton he said he would not allow us to SEND III oa
tnonY to the Grand Jury this was III nay; Br dean
said n wa wanted 10 make complaint against pduc
we must go besore Justice Walsh; told hun We si ,
not that; that we didn't want the cot
ging along all Summer before Justice a, ss sent 10
MIR Chtenden TO make affidavit wlich wsas sell ro
the Grand Jury reno spe caTrcS being chairman of
the subcommittee was appointed 10 with
Rriiton on the subject; the ahdavlt was hia"o ga
months after first called on judge MOOT ,imonv "a
Mr. Tracy objected 10 THIS KIND OF ansp Mr.
NOT being pernent 10 the specific charge aeasG MI
Brtton which was that be falsely adylsed tno nInn
JUL a, " 1annn He claimed that the prosecution
should commence by showing what Triton s ,b C ,e
,:ropd Tnrv lie SAID to members or thc ,oin
mttee OF Fifty Commissioner speir decided that we 3 VS.
tiuonywas Adjustable IN the oraer ~ WiI ", ' te
given I'm an Investigation OF TINS knu nc lnos loIe
Should e liberal construction OF the rules OF evidence
and any hug should DC admitted tending 10 throw h9h
The witness was then cross-examined by Mr.. Tracy
He said hat his object in calling Judge Moore was
TO have Mr. BadeaH indicted for taking the moneys OF
the city. We thought said he, that Grand Jury was
10 he sworn in before his court that day judge Moore
hat no
next Grand Jury that came before MS court Wnen
would allow no man to 20 before the Grand Jury the
proper for us was TO 20 before inagstrdteincI-
floniug Justice Wusl never said TO Mr. Britton that
thou sA it would be only fair to him 10 take tho case
before magistrate where he could answer the chargt
on The contrary told min that the Committee OF Fifty
would never to 20 before magistrate on TINS
subject was on Committee 10 examine Tue 'OIPor'-
ton Counsels office; never said to Nj. DE wiz, WINE
Office favorable and the other ana heh
asked linn to cash mort gage Tor me an q pIoAcI'
and may have asked Mr.. DE Wit to oash one nave no
recollection whether did or not.
Chas. s. Bayss testihed-i am o merchant III new
York and was foreman OF the Grand Jury IN september
1872 received at my house stiteneut or snIayt %,
money Tax Collector; L presented III 10 INC Srauu
Jury the next day 9nd read ~ 70 tne o % @
District-AttOTney's office on the subject went 10
was not a felony, aud that If there was no feonions
intent could not properly ind bin stated 70 the
Grand Jury my interview with Judge Reynolds, ana IL
was then thought advisable 10 call Mr.. Bfitton IN We
asked him the question whether tax collector or ocal
holding money IN that way was proper SUBJECT Tor
Grand Jury to find an indictments could notsdy whether
| Badeau's name was mentioned, but Mr.. Brltton must
have known who was referred to- Mr.. Brtton said we
/ would have to decide III our own minds whether Tue
official kept the money with felOniOs intent; we III
ferred from what BrtOu said that 10 no Ocnse
TO keen the money unless the official keeping II got
profit out Of it; we dismissed the case and the
/ papers back 20 Mr.. Clittenden; no WITNESSES
| were called before the Grand Jury III the case
the Grand Jury feared that they would have TO encOu
ter difficulties in the DisrictAttorneys ONCE we had
heard much about bis connection with election frauds
and other misdemoanOrs this was one reason Why
consulted Judge Reynolds. On cross-eXaminati0n wit
ness said he had prejudice against the DstrictA tor
ney and relied on Judge Reynolds opinion than
on his Judge Reynolds advised Inc that il Badeau had
received interest the moneys retained by him II
might be recovered back civil suit; was mem
Der OF the Committee OF One Hundred as was also COL
/ Davis
Attorney General Barlow here called the attention OF
the wtess to the extract from the Brooklyn Charter
which was before the Grand jury IN the affidavit OF Mr.
Chittendon and which requires the Tax Collector 20 pay
over the moneys received by MIN every day He asked
what advice Mr. Britton gave the Grand jury in the
face OF this requirement OF the Charter Witness replied
that Mr. BrIttOn said III substance that tue custom IN
the Tax Collectors Office had been different and that
unless there felonious intent II not subject
action OF the Grand Jury.
said disobey the law
| n misdemeanor; IL the oiensc for which
Tweed was inearcerated in the PeniteDtary. APP
| plausel
The investigation was here adjourned until "a IL. to