New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-09-17
THE CHARGES sCRUTNIzED.
STATEMENTS OF UNDER-sHERIFF JOHN 7. CUNNING.
CAPT. TOONE, AND OTHERs-MErHoDs OLD AND
NEW IN THE sHERIRFs OFFICE.

STATEMENTS OF UNDER-sHERIFF JOHN T. CUNNING,
CAPT. TOONE, AND OTHERs-MErHoDs OLD AND
NEW IN THE sHERIFFs OFFICE.
Under Sheriff John Il. Cunning was visited and
opinion OF charges requested He replied that he
believed there not syllable OF truth In them
He was connected with the sherifs Off % during Mr.
Kely's OF office, and familiar with its work
ings During the first half OF Mr. Keiys second term OF
office In 1885, 1866 and 1867 Collector, and for the
last eighteen months Of the term was Under
Sheriff. and during the latter period was OF course,
with charge made He was willing to
make affidavit that every charge made against the city
or county, or against individuals during that IN
terval. was strictly in accordance with law.
Mr.. Kelly was very conscientious in his
charges. The question whether or not the Sheriff
was entitled to charge commitment fees for prisoners
committed by Judges OF courts OF record was considered
by Mr.. Kelly, aud he decided that he would make
charge after e few bills of this KIND had been
sent in. although the law allowed 1T. and Lynch, the
preceding Sheriff. had charged and been allowed for this
kind OF Sherfs Brien and Brennan also charged
commitments fees. In all his intercourse with
Mr. Kelly he had found him strictly
honest man, and he believed 10 would
be 80 proved In this case whatever charges might
be. The allegation that Mr.. Kelly had charged more
than he was entitled to for jury fees was absurd
There was complete system OF checks
against abuses Of this kind. The clerks
OF the various courts where panels of ures are drawn
keep record Of the drawn. and the number on
each occasion. copy Is transmitted to the Comnis
sioner of Jurors and the County Clerk also keeps
record Of each drawing. 1t was absurd. therefore,
to suppose that there was check the Sheriff. and
that could render what bills he chose for serving
citizens TO attend and serve as jurymen
OF he could not reply to matter Of this kind until
be had the specific allegations, but he was morally
certain that nothing would be proved against Mr. Kelly
could tarnish his good He believed that the
VIII tar m O i.
Waterbury TO iniure Mr.. Kelly account OF
the defeat sustained by the Waterbury fac
ton at the election for sschems OF the
Tammany Society last Spring, when the ticket headed
by John Kelly was elected by handsome majority.
Capt Toone, who was formerly connected with
the County Clerks Office, and has known Mr..
Kelly for many years. was equally emphatic in
denouncing the charges He Deputy County Clerk
under Wm G. Connor when Mr.. Kelly was Sheriff In
1885, 1885, and 1867. He explained the manner In which
Jurors were drawn and the number required In those
days, the law having since been materially changed.
so that smaller panel would afford the requisite num-
ber At the time spoken Of there were usually drawn
on the first Monday Of each month panel Of $50 jurors
for Marine Court like panel for the Court Of General
Sessions panels consisting of 2os jurors for the
Court Of Common Pleas, like number for the Superior
Court and 800 the Supreme Court making Jurors
altogether be drawn for the various panels. On the
second Monday this was repeated, making o total OF
2,032 Jurors Tor INC mOntus Ii 10 THIS,
there sometimes extra panels ordered TO be drawn
ON the occasion trial of great public interest whe,e
panels were rapidly exhausted. In the Of Barney
Friery, tried aud convicted OF murder, there
were extra panels OF 1900 jurors sum-
moned During the Summer months there were
not so many jurors required 1t safe TO say, how
ever that jurors drawn each year under the laws
which were IN force during Mr.. Kellys administra-
ton Of the sherifrs Office would be low
estimate. He also explained the mode
OF drawing jurors and the checks against
any fraud being practiced by the Sheriff bis returns
The bills Of the Sheriff audited by the Board Of
Supervisors after examination by committee, and
likely that fraudulent charges would DO
looked II Mr.. Kelly had been in collision with
the old Ring in order to have his fraudulent bills
audited the fact would have been made public before
now by those in the confidence OF the mem
bers Of the Ring in revenge for Mr.
Kely's denunciatons Of them while in power
and since their downfall. Mr. Toous pro-
duced several OF Mr.. Key's bills while shsnn in 1865
and 1857 and showed how they were audited and how
the individual items specified and the amounts
charged for each These regular IN every way and
all sworn to In compliance with law. He could
youeh personally for the accuracy of Mr.. Keys jury
ONCE and believed all the other charges were jsst
honest and legitimate He also believed the attack
prompted by spite on the part OF those engaged IN
connecting t. The question Of paying the sheriff COM
mitment for prisoners and Migrants committed TO
the various Institutions on Bsckwels Island although
that official hsd nothing to DO with conveying them
thther, that being done by the officers OF the Depart
ment Of Charities and Correction, eans ~ " tae ess"