New-York tribune., 1874-10-13

1g5l IN tile oyer ana Termner
trial of private causes frauduenty charged against the
county. -'.
Kelly truly says that there authority Of law to
pay him summoning any petit Juror. The clerk OF
the General Sessions and Oyer and Termner has regu-
aTy Ss h hs the K says eovd o
he paid under that law for summonine 622 jurors Tor
for Jurors he had not served as the law required
Every time they passed one OF his bills they became
officers VINO violate the law. which he Processes now,
did not him then. The jurors no was 30 PAID TOT
defense, admits that the Supervisors had lawful
thOrity for paying him 30 cents eacn or Jurors or
the criminal courts consequently yo,ea tney au do so
should have called the extra payment Illegal Bur as u
was as Garyey ana others tbat %e was
paid for Jurors during the year that Connolly and
s wed nr9 pV IN oee az of %
TO allow the Sheriff 81 for attendance at the arawog OF
bis bills at the drawing jurors to try pr
vate causes put down his charges for 365 panels for
the criminal courts as excusab aud Tor SS Tor the CIVIL
courts as Illegal.
Kelly abors severely in bis defense to make appear
that the sherf's Office ~ hardly worth having u Is
very strange II such be the case that the office
should make desperate efforts TO obtain H. He backs up
his attempt to show that the Office Is OF little value oy
der the United States bankrupt law, is somewhat differ
ent from the Office that Kelly had
CHARGES FOR CONVEYING PRISONERS.
The State pays taking convcts to the State Prison.
leaving the county to pay for conveying prisoners to
ago the subject Of controversy between the Sheriff and
Supervisors. When Col. WIN. Jones was Sheriff, the
matter was for long time under consideration and
was finally settled by the adoption OF report OF the
Committee on County Ohicers TO allow tue eherln 20
cents conveying Blackwes Island each prisoner
convicted at the Sessions The arrangement thus made
been in force to the present tme aud the Board or
Supervisors has power to IN Ike any further allow
ance to the Sheriff, except that by an act aIter"aru
prisoners to the House Of Refuge or to the Lunaic
Asylum will now give the history OF another fraud
Orser his bills strictly for the service performed
and the greatest number Of prisoners ne charged or
conveying in any quarter was $780, Wllletts nrst DD
fenced by Courts OF General Special Sessions" to
the "Penitentary and House Of Refuge" and was for
47 prisoners In his second bill he Increased the nu u
Der to 1885, and in his last bill he charged for 2i99 SEN
fenced he averred and swore, by the Courts Of Gen
Prison. for the quarter ending January l. 1859" This
true for the clerks OF those courts have cert
quarter to the Penitenary, City Prison and House Of
Refuge, 623 SO Willett overeharged for az least
this fraud by saying that entitled to charge for
the vagrants sentenced at the police courts although
Of Office and before Kely's first bill was presented.
Controller Haws discovered the fraud, ana 1t mad
to be carried in some other manner Kelly, there
FORE made out his bil correctly I'D tnls respee.. co.
lie charged in his first bill for conveying e35
prisoners sentenced by Courts OF General and Special
Sessions to prisoners other than the State Prisons"
Tns form he adhered to In all the bills or ms rst term
When Key's first bill was presented TO the Board OF
Supervisors, of his personal friends offered reso-
tion which adopted that the Committee on County
Officers report the nature OF tne
the present and the late Sheriff" for conveying prison
etc. Tweed reported that Wiiett had charged ID
and prisoners" that vagrants" were Transported
at the expense of the county through the Amshouse
that Kelly had M no. rot edaTgea ssd 3r s4
believing that he was not warranted by law in SO
were legal and the statute fully justified them" The
Committee reported resolution requesting the opinion
not adopt it. That office was then held by Richard
Busteed. and as Kelley believed that the law did
not authorize the preposterOus claim there was no
occasion for Busted to say anything on the subject
Keys subsequent conduct. and the unblushng ayowal
ne was m % Se poon ws
o No" b law "A so 70
il he could, get the money. Having charged IN his
first O conveying 635 prisoners during the quarter
ending March 81 1882 in his second he included the FOL!
lowing: For prisoners committed TO and discharged
FROM prison during the months OF January feoruary'
and March, 1882 369l at 75c 25 Tweed reported,
NJ course that the bill legal county charge "
the Supervisors passed It, and the Controller who had
took the money aud kept it, and include the amount in
his fraudulent receipts he tried 1t agalu In the bill
nnarter except he increased the number to 502i
aud amount OF the Charge to sSI6S iweed reported
U as before and the Supervisors passed Dut Controller
flaws was wide awake now, and Kelly did not get that
money. ,,u,s o,oross wera douh1e or nor be
in his second quarter for greater number OF
commitments than OF convictions II the prisoners con,
nunber of both was go Of the convictions, he
renorsd at so cents each. lie would not have failed to
that 1885. III W0uiu
charged twice for the prisoners As Controller Haws
had blocked his game, he was driven to an appi-
G1G@ id no 70 believe e me- was BY carG
ing The Controller informed the Board tina. ne DC;
oIned TO nav because the service was not performed
NV Keiy and he submitted an opinion by william
Curtis Noyes. esq, that kelly's opinion tnat ne ne
80 nor warra nted law" In making the charge was
sonnd and consequently that bis claim was illegal
The matter was referred to the Committee on county
oficers aud died there. IL was too heavy for even
Tweed to carry But am only at the beginning Of the
fraud Kelly had to abandon 1t ior his term, put his
ient cnarge for the commitment aud discharge or
yagrants his first bill, aud obtained sasis 80 oy the
o Ivnch was would not have started with this fraud
He required prompter There ean @ De no aouoa ~ M WHO
h G e repdered OF course be was not paid Neither
Cnntroer Haws nor Controller Brennan could know:
insy ai@ sOr TWO M wears and nine months was
Kelly SAYS in his defense that Lynch succeeded In
rocoyering the amount from the county, In the Board
of Supervisors the resolution by which the bill was aud
tied was carried by the votes OF Supervisors Beakey
the same man Kelly aud Morrlssey have now NOM
mated for Register The Mayor here cites the certificate
Tbis shameless proceeding Kelly calls recovering"
cIam There can doubt that In so calling IL he
,ntended n deliberate imposition uPon the public. lie
hos heen Sheriff SIX years and IL is not possible that he
should be ignorant Of the fact that claim IS never said
TO be recovered" unless It Is obtained By legal pro-
Kelly knows as every man well informed 10 respect
to the Ring frauds knows that they never PAID
half Lynch limited IN the amount ne could claiu.
bills had been presented lour years previ-
ously and therefore could not adopt the usual practice
of doubling treDng the bill to OBTAIN what ne really
wanted Kelly says he could have obtained at least
by doing Lynch did Tnen he would have had
to nt In bill least $4,000 In my letter 10 him
stated that, while knew to what figures Lynch ran
fife fraud In three years. no mortal mind could con-
ceiye what il might have amounted to under Kelly
bold hand. He shows that was correct.
As Kelly claims TO bave conveyed TO the Penentiary
and the City Prison O2 persons than the books Of
Ibose nsitutious show received there. have al
lowed him for that number. BY his own ngures there
fore he charged for 1884 more than he conveyed.
auot in this fraud with the books at the several in-
sftutions shutting other defense he boldly says
that the number he charged for included 9Io for the
W"rtbouse and 1797 for the Juvenile Asylum. Tue
law however. only allowed him for persons committed
In nrisonv and In bills each OF which was sworn TO
sy him the charge was for conveying prisoners to
W SherH that the Work -lOu Il