New-York tribune., 1874-02-21
sRITTos's COURSE A Z" CuLFABLE FAILuRE
- ,..ouaA hasa.a Inas.o aneir that the NatIonA

u wac proved before Judge speir that The Natcna'
City Bank paid TO Badean $4,000 on account VI 0
deposits thus illegally and frauduientiy m"oe WIN "
Much stress laid by the defense on the iact '"" o
greater part OF the payments on account oi ''Ao
made by checks which II required time ~ '"'"
pretepse Is met by another fact which cannot "e to
PEELED or cxcusod-thst the cash payments VI VI. p
ceeds OF the checks allowed to remain ID 'no
long enough 70 euable the Tax Collector 70 receive anu
appropriate 10 his private more than th.ee ps
on n million of dollars n Mr. Brtton bad Perforlned
his duty. this fraud on the part OF b'ueau % hE far
abusing his trust world have been discovered by prose
cutting the attor, instead OF leaving tuem 10 pe md
by an examination 0t cbhRes vi ohi0"' "o1'
IT, is ntmated by the defense dehoacs iey oi rn
toward Mr. Badeaus respectable position ia socieS uo
qued that the preliminary piOceedlnsS Gat undne
been conducted before local nass,la'e 10 ,ho his
prejudice against nm might hot pe oio'VT N roceeded
irct Attorney could with proprety have 80 tocG@ehi. ~ ~
and Il wac his dnty SO TO pp1ce S good faith we're
founded such suspicious had taken deep roo ~ @
he deemed n his duty 20 DO or omit do what TO over
jealous reormers might be mlsconstued @ nto tSn oro
careful that the great purposes OF public jusee wetv
not frustrated through any omission or seeming aS
on his part and especially in exercising toward a
i'm high social standing forbearanee, whlcn ne Wouu
have withheld from one in humble life. In tins respect
Mr. Bnttons whole course appears 10 ine 10 pe pp"
be and culpabie ialure' -. -. 1000. ,,ha, ,ts
@ q BgSqyH T0a had ay Esa ES %
OF its citizens in carrying on the investigations eeS mn un
foot TO alleged frauds upon ITS treasury 10 pun
ish the perpetratore and to defeat schemes Oi p1o %
those in the City OF York, for which some OF tne
chef perpetrators are now expiatiDg ther crimes IN
n failing TO do duty this respect and in betray-
ing manifest willingness 10 allow gross ocal ABUSES
me 10 have forfeited all claim 10 the confidence OF MS
fellowcitizens and to the office which no holds Just
citizens all and to the cause OF public jusuce
demands that should remove him from ONCE ana re,
place him by q successor who IL is TO Do hoped VIII
spare no effort repair and punish the abuses OF the
past defeat schemes of depreciation III the iute
"eRoss" AND "INEXCUsABLE" IRREGULARITY
s. Under the second supplemental charge 1T is shown
that Vim F. G. shsnks, city editor Of THE NEw-YoRK
IBt .n Jppeared the 22d October 1878, before the
/ Grand Jury of Kings County as witness in libel sut
against the said newspaper press that lie refused %
answer question put 10 him, ana that he was there
upon taken custody and confined in the Jail OF said
county by virtue OF order designated In the proceed
ings before Judge Spcir Exhibit A. which was Illegal
by reason OF falling TO specify the time for which
| he was to he held. Mr. BrttOn having discov-
i cred the error made ont after the Adjournment
| of the Court, commitment designated as E1-
| hibit T., rectlfyDg the error. and obtained the
| signature OF Judge Gilbert. who was on the bench
holding Circuit About O'Clock on the morning OF the
asa shanks while held by the Sheriff under the order,
was taken TO NeWfork 10 TESTIFY as w'ngss MES an to
procured the signatures of the side judges 10 the com
itnent out Of court and left it subsequently at the
sbers office. At IL, Shanks his testimony 10 the
Stokes case at he brought before Judge Fanoher
as the paper under which held and the proceed
ings were adjourned until the next day on the 2th, at
n.
resumed, and Mr Brtton appeared for the sheriff pro.
dac9s formal return seGns nas bod t9o commitment
No evidence given as 70 what occurred before Judge
discharged The ground of the discharge only be
| inferred from the arguments OF counsel III this
onment not limited In point OF time. ana that the
| commitment was void because IL was made out Of
The whole transaction on the part OF the District.
Attorney was gross lrregnarity m and though not OF
eoutve Oh an application for his removal, II was mex
cusabe calculated to overthrow the orderly admin
istratiOn Of criminal justice.
BRuToss USFITNEss FOR OFFICIAL TRUST.
Under the eleventh charge it appears that Henry A
Moore County Judge OF Kings County 1T the request Of
Mr.. Britton, directed the Grand Jury, Of which Mr.
Psylis was foreman, 10 investigate certain charges
made against said Britton in The Brooklyn sunday
chronicle, and they enoined to make thorough
aud complete investigation that should it appear
that DisTictAtorney is guilty OF the charges he
may be removed from office and if he is not guilty,
that he may be vindcated." In matter affecting his
official character IL would be natural TO suppose that
| Mr.. BTitton, II conscious OF his innocence, would
| have contributed by all the means at his dis
! appears by the testimony that the investigation
very meaget and imperfect one that the foreman
of the Grand Jury prepared presentment stating that
they had made full and thorough investigation Of the
because there had not been such an investigation and
that was modified SO as TO read that 80 far as they
had time to investigate the charges they had In
the Grand Jury his desire not TO give any advice or in
sonay interested he was examined rs witness IN ms
behalf, and at the request of the foreman, he
PPtsep rnesees these put Questions
was framed with view TO elicit the truth
the contrary they merely designed to ascertain
who were the authors OF those accusations on Ihey were
| from himself and 70 fssten u upon those who bad
OF conscious of his own integrity or of an official
whose duty IL was to oppose no obstacle ,t 10 The mo.
like tnat in the proceedings against sbanks, woud not
u serves to give point to mis- In the case or
Badesu, and 10 strengthen the conviction OF his unit
ness for the Official trust conided TO blm.
In regard to the other accusations against Mr. Brton
which testimony given IL ia proper TO that
is certainly matter surprise well regret that
the gross election frauds Of 1877 nadequately
punished; but think the explanation OF the District
Attorney. taken in connection With his correspondence
with his predecessor in office. should be accepted as
excupating him from the mpuat0n OF bad fath III the
I prosecution Of the offenders.
on careful review of the whole case deem II in
cumbent on me, already announced. 10 remove Mr.
Britton from his ohce and he h hereby declared TO he
1 so removed.
BRIIToS's DENoRALHNG RxANPLn
1t is duty under the Constitution to the laws
faithfully executed In this they have grossly
violated and official malfeasance has been disclosed
which is declared be felony. The officer chosen by
the people 10 prosecute ofenses OF this nsture has
wholly neglected perform his duty One Of the prn-
cpa cities in the State has suffered in lis character and
in Its finances by this great pybc wrong, and the
offender romans uBpunshed An example deInoral-
izing in its influence has been furnished when the
abuse OF pecuniary trusts IL one of the chef pre-
vailng vices of tho day IL is one Of It's most de-
p0rabe consequences that II has made official pro1igacy
less striking by rendering the public mind familiar with
its constant recurrence. Under all these circumstances
~ In such formally brought before there is
clearly established neglect the part OF the proper
officer TO bring such offenders TO trial, shah consider IL
due 20 the OF public morality TO exercise the power
OF removal confded TO Inc by the Constitution. II
to fail to do so, should justly incur the imputa-
ton of having by my inaetion contributed TO prOiong
the existence Of abuses which good citizen has
interest in suppressing. but which we can never