New-York tribune., 1874-10-13
THE MAYORS LETTER.

THE MAYORS LETTER.
Kelly, in his defense, makes number of quo
tatons from the for the purpose Of showing that
the Supervisors had the right to audit and allow to him
any charge that he chose make The provisions that
he quotes relate to Boards Of Supervisors IN other
Ties where some discretion Is allowed By law to the
different and the following provision OF law. which
was enacted nearly half century since, has force
preceding sections Of this title shall not extend to the City and
County Of SewYOIt bat the officers and ministers Of Justice that
now are or hereafter hs be- specially provided BY law 10th 3D.
Kelly endeavors TO evade the conclusive force of this
provision by allegation that the preceding sections"
sequenty that section has effect" Yet the most i'm
Of the provisions he had Just quoted to sustain
sections" Its elective force however is in
the latter part which expressly S limits 1.-The the
in this city for services in criminal cases" "such
fees" as are or hereafter shall be- specially pro
superv here else where have the right TO allow
such CLAIMS m he also parades garblsd ed from
Interior counties. aud relating, with one important
The point that the Supervisors Of this county can only
allow fees horized by law, has however, been clearly
that Of The People agt. Lawrence. reported in
Hilps Reports, page 2i5. The Court at that
tlces Bronson and Beardsey-three of the abest men
that ever adorned i's bench. The opinion by Judge
powers as conferred upon them by the Legis
iature" and adds If this had been case the
Supervisors had authority to allow the claim. would
have been the duty Of the Treasurer to pay without
inIuirng whether the account was allowed upon nsu-
cent evidence or at too Large an amount But here the
supervisors had jurisdiction over the subecmatter.
and the fact appeared upon the face OF the account
which was presen ed for payment Theract was mere
nuty." Tnis dsposes effectuay OF Key's claim that
the Board Of Supervisors had power TO audit and allow
his bills whatever services at whatever prices he
chose " charge.
suMMONING PETIT JURORS
After stating correctly that had confined my state
Of the jurors for which lie could charge to the
Oyer and Terminer. General Sessions and Marine
Courts he adds that omit all reference to the
rious civil courts, If they mad any jurors"
But he cnches the matter aerward by stating that in
the years 1906 and 1867 he summoned and charged
se2 panels Of petit Jurors which asa. nu%ssr i1r n
s ase courts both civil and criminal. There not
t5is State authorizing any sheriff to charge any
county any Whatever for suminoning petit juror
for any court. Not being able to nd any provision for
such charge for either civil criminal courts. IN the
Supervisors Manual, by Isaac G. THOMPSON, esq., the
editor OF The Albany Lao Journal which the manual
commonly used by Supervisors OF other counties,
application made to Mr. Thompson to ascertain II
he ever knew Of such charge ny sheriff He replied
that he had never heard OF case in which the sheriff
of any other county than New York had charged the
county serving jurors for any court civil or criminal
JURORS FOR THE CIVIL COURTS.
Neither any action OF the Board of Supervisors nor any
provision Of law has authorized sheriff to charge
the public for summOnug Jurors to try private causes
For that service he is very literally compensated under
the following provision Of the Revised Statutes;
PO ,uumO1ns the jury to attend any, % court m 1 M cent. IN ,ss each
Of for trial. l5h Ed Rev. Stat. vol g. page 925l
tin n the acIlon and the latter recSyers % RS Judgment
esae usually made Of the shers receipts
under this provision s5ooo year. La the lace or the
surance to say IN his defense that statutory rate
be fixed for this service The sum OF ffy cents
pensaton ontempIated, as the Sheriff sao summon
Jurors for the Oyer aud Terminer and General Sessions
other Ia other words because Supervisors have
their power TO the snerf for pubic ser
the public pay similar service rendered to pri-
parties for which they pay him aDundanty. me
the Jurors charged to the General Sessions and Oyer
aud Termner should be taken to be the regular panels
and those charged extra should be taken 10 be the
Jurors frequently ordered IN these courts In mpor
tant criminal cases Yet the Jurors charged TO tue Two
whether regular or ext G aGG v key S afs rsr. IN
his defense hat ne S1 be % sunreme snperor and
Common Pleas Courts. These were the jurors charged
as extra In order to deceive the Supervisors those
nigh civil courts were not named although the Marine
Court was IL would be difficult TO conceive OF clearer
case of intent to defraud than is presented by the
tematia charging during six years Of the jurors Tor
three high civil courts as extra ior TWO erinihai
courts. .,, 49,.
act passed n 1853 requires the clerk Of every court TO
notify the To %s court has nos
served under penalty OF 500 for every omission ana
ns Of such panel No Clerk Of civil
given any such notice. though the clerk
As the county was not required authorized pay
for jurors for the civil courts OF course there
was no occasion the clerks OF those courts TO give
| the notice But Kelly is caught with the pay ia his
pocket and his audacous attempt to brazen out the
Two Of then-Wash Of the Supreme, and Boese Of the
superior-have told been oiicous In his defense
He tries to save The act Of 1885, he says has
"been construed to apply only to the criminal courts
But who could limit an express aud positive provision
OF law His plea In their behalf will not ava them
II he was entitled charge the county for jurors TO try
private causes. they are liable ior o large amount OF
penalties, which should be collected. .
Although Kelly tried hard to underrate his receipts
from private parties Tor summonng jurors tor the cv
account which left him profit OF $500 after pay
ing all expenses. Yet with that amount OF admitted
profits received from private parties he unbushingy
| ayows that by deception be obtained pay from the
county treasury for summonne the same JURORS, AS te
Of what he admits that he received from private par.
all that be resolved from the county treasury was
been received from private parties was douotless un
dersted In mis- report he haiyed the NUMBER OF eases
BY two numbers. Therefore II would seem taat the
he admitted ns recsSed We noa pe Of bs nretenss
that large part OF the cases were on the calendar oy
1 nImoers r, each an' aSS wSu % hs stated
the full amount OF bis expenses MS net receIps IVI
70 soh 81 sS he added by the he
pracced b 100 to 5000 year from the county treasury
JURORS FOR THE CRIMINAL COURTS.
Kelly charged during his six years for summoning
Al SAL Jurors for the General Sessions appears by the
miautes Of the court and also by the original panels
,h., ~. numboe ordered was 57s. which included both
regular and extra jurors. He undoubtedly intended TO
msta ont his bills the correct number OF jurors but
hsrSsc Tor ts less than the number drawn. There 10
Court FOR the oyer and Terminer he charged during
the .x years for l076 jurors sinoe my letter to him
%s. nni,shsd / have had the minutes OF that court
csrefniy examined and the result Is that only s22
Jurors ordered allowing an excess o, o IN me
ing 10 the o. TerIner Jurors tina, were drawn tor
The inrsatou throushous his bils was manfestly 70