, 1874-12-05

!tr funds to Ills SUCCESSOR, 1t WAS rlnorsd srouna
THINGS WE'RE sor n1onr,
oe o9a .hon .s tlo loth Of December arrived instead
Ws ot 1se toeo one' as nsnE w.i III m tho eds ha9'
b, balance Ieing nipe. hundred aud odd
thing moro tl,an ,ei5o. 900. over s4o0.0oo
vas not r. IT. Dsn' ttSse !ic NJ no TELLING whore Il
Joy That l,o wss ehort (si25,ouo; that 10 lad
loanod Aid. MoAyoy e25 200, md Tint that ras
Increased to $3.50, and a1r. 1}and was asked,
aud tho answer scs mo" III did not say what
Ito lmd dono wit', 1t. bnt TINT ho rus going to
WHO Ind in tho meantime boon oa1lcd away from
tho city, returned On Saturday night and tho
following Monday continued his investigation,
advising thu Fl!et,cp Cor1nittee tl,at thoy had
uo E1T'ttaaso 500 sl'o
Eysni,r19t ~''rn oAss 9poxs.
;sa;,;, o ::"; $:s::; Ss :
Sherwood d. es. "Go elow" on ano %1aast Seeasiop e
SAY ono Of tho bank-hooks, aud found That It
nau not been written up for six months. aud a1r,
mittcos and be would 10 called Upon to 1peAo up
tho daftctt. Aud whom Ntr. O'lIara cnltnd on him
for tho 62leneo over $500, 900, it vas not IN the
hnytlingys UT money, because tho moment he
accountable for tho cash. mr. O'Hara
vas re- rSaay qsy, to T. tao nl tho cash he haa eas
Gage COULD not respond, and offered tho " cats
md dogs" but Mr. O'Iara would not take thcra.
Ihia do'nahd was all TINT WAS ncoresary to put
Mr. Gago ia dcfauit; Int
71E1f
waa Mauo dccauso It was not known thnt Mr.
Olcott had authority to turn oyer-that his &C.
ton vas indoraod BY a1r: Gage. II the ..csta and
wort tlo.n into csnh anil hand that oyor II they
wero worthloss, why attempt to hnn,bug tho jury
by pretending that they wore valuable
Mr: bwGtt-iie gentleman prevented us from
value
Tho Oourt-It Ia altogethor improper 10 talx
to the jury about something not III evidence,
but tho counsel {hlr. Sn!th) IL not outelao 80
far aa no ia ropyinK to arguments upon tho queB
tion Of value.
Mr. Smith continued; On tho aoth Of Doccru-
ber slr. O'lIara drew up anothcr demand, aud
Lin, lie ID had I yory issepoeaLe M @ ~ atv to nsffoSa a
but he must do it. MI. O'Hara was askcd on
tue stend, "What did hu say 2" I1iB answer
WAS. = ile had boon unfortunately involved IN
complicated lnattorB lu roaton to his own at-
fsi1s but he hoped in tho course Of very
brief ttlne u be able to pay over the deficiency.
Tho Grand Paciile Hotel was one Of the "com-
! plieated difficulties" he was laboring under,
J He inyite1 hr. S[1orWood-tho gontleuIan who
| hal been pushing linn to have tho bank-books
written up-to call on him at Lis apartments,
and ho won't. not vindictiyeiy. but officially.
| Alr. Gaga aaid: "6herwood, I acknowledges that
| my ACCOUNTS arc not corroct that th!s aeontug
balance in these banks Is not thoro, sndlf gou lad
! not found out about their not being correct, I
would hhve gone along with this thing; and / havo
nent for you HOW with = vaaw Of having You
easo up on mo; it is hurting my crodlt." ~
alao atnted Oh that oucaBon thht lie waa $500, ,U1o
| short. T.lat was just "about the amount ab-
| stractcd from the bauks. and complicated In hin
| hffaara."
En0HS~FtIlSa.
/ Mr. 3Wett-l deny the right Of the gentleman
| to arguo az to where the money rent. when "a
| put the dofondnut upon tho stand, propospg to
| SLOW whore every doar Of 1t won't. aud DO 81 Z
sat o ao eo
am discussing tho caso directly from the sri-
/ denue.
Mr. Swett--1 beg tho gcntlempn's pardon. He
1sns 9s f Gse s ahs
douy his right to do 80, IN yleW Of our offor and
his objection, and he should he hcld to the rule
Of Inv in reference to thu coinao1 arguing to tho
Tho Conrt-It is msttor Of inference whe1a
the money went.
hlr. sweest-Thero was 20 eydonco Of It.
Mr. smith proceeded: Ihfs MAS q moet, OK
procssamg TIE gentieman nad &C..
reached p0int In the evidence that nailed the
guilt OF tho defendant, tho distinguished ooun-
( 4el Rroae, expecting to discomfort him by inter-
1uptions. Ho could not bo put out by any such
trick" Ho vaR naying. whom interrupted,
that the evidence nfilrn1atvely showed that Dir.
Cage eaid tho deficit wap occaaione1 BY
UNFORTUNATE COMPLICATIONS ~ ulg PRIVATE
| mud vat ihes. renaie,ne, ina t,,n cffrnn{arv IN
| get up, one, tro, VI threo at time. apd assert
that there was not particle, Of evidence that
such WINS tho case. What did they mean by IL?
;3'y ry sy4sS sas @ ~oa "SS f '0e aasa p1 so
said the deficit was caused by complications in
his private aHairs." and 'yhAt ,.se was there in
counsel deuyiug it2 He llad snid TINT it ap-
tho panic, Tho $3.50 6ooo wore IN It's nnuks bA:
that OIL tho 9th Of January they wero not. II
it waa in banl; III September, and not
in hnn1; on tho ,1osh; OF pecember or
abons o s compiieatons. m did not that prove tast BE-
Aad taken the money cut Of tho banks aud used
it iii his private affairs : Tbs difficulty was that
there had been q persistent effort to humbug
ease and ho denirc'i to cai! thn.a bark.
Tho t!efeIlBo complained ur
! 4 TECHNICAL pAuHEcUrIoS,-
OF disposition to object, 10 oyo;fthlng:~ Ths
Mr. Gago's auoeesaor. to whom portion Of thu
funds were turned oyer aua ha was asked,
'.Ato you CITY Treasurer;" Wp jumped hr:
1rudnco Mr. o'I1aras certificate Of cleo.
tion." IIo tDoxtcrl waa nos aware that
tue statute did not provide for certlticatc-that
was nero matter Of ignorance. [l.aushsor.1
The objection wes 1npeslntiyoly r:aicuono. sua
Altar it had been proved tint Mr.. O'Iiar. was
City Treasurer, lie was asked whetner Mr.. Gage
xss his predecessor, a; t I'VE N obtest, oo.
a!,end." Aud thoy not only obiectod, but A1r.
Swot: mado All elaborate argument, aud tried to
convince tho Court tlas it could mt bo proved
tho. way. After they had proved it, and Dir.
O'Hara Ind stuffed that ho csliod On him with
tho, notice to pay, over, he, was asted,,
"Wlaat did ho uay when you called OIL hlm?"
; "Wo object" said 1Is. Dexter; "You
cannot so outside Of tho notice; it is
III writing" Tho ground OF tint objection was
doeLtadly profound: 80 profound that he was
uaab!e to understand It. and 60 excessively deep
thnt tho Cuurt could not cu!nlreiendt. 1t
would undoubtedly llavo hocn very oxce}} ent it
they could hAye ruled out tho n1aTer but un-