, 1874-12-01


was City Treasurer Of Chicago except record evidence
Mr; stnlth urged tnt tbs anl,erasl rule aettcd by
rrincple md authorities, ~aH that rarol Testimony
10 then oaored In evidence certified COPY Of tho
cath Of cface tic official bond, and tho approval Ut
Mr. swett objected. There waa q suit providing
psnay assnss m oiser for not ps;yins oyef to his
ae' sn era s' nst ssqusa r.
mals uron tho rotiring ollocr, th.t must bs
~ hs py to raS s. ~ m Say T. t9
TINT demand. amt Mr. Gage Ind not turned tho nonoy
osev. aud NJ. asge was 10 now tndietod for TINT. Tue
record There nus hhye been majority Of votcs fur
htm, md 10 must hIro reccYca hs certificate Of
to any rroof that TINT genonsn il tho Troas,,rcr Of
hs csty Of Chicago e1cept the record svdsnce which
This objection ovorru1od by tho Court; to Which
ruling connnc for defendant e1eepsed.
Tho e ssan,inatlon 1sI was resumed by NJ. Reed.
tAs oeo o dy fsca:Ssar @ SHS I'M csaso ss h0'd
,so 1in i ,,o,o e oy et Gnl:aeo County OF Cook .ud
Q.-WIlcn did you bo.omo Treasurer Of tho city Of
ch'cago, 10 she County of ooo and State 1lilnois
Al took poaso'"lon Of tho oieo OH the 10th aJ Of
Q.-On tho 10Th day Of last DecomDer1 .A,-Yes slr.
9.@fro'n whom did yon receive poa.e.aion Of ths
t1Ia 9heeY A;GFrom tile representatives Of r. dauo
9'-RRsvid pa 4: Can't fila detendsn.. A.-Yes sir.
<s-DQ 3UH AH0h hiHi I h.-1fN, MR.
Q.-How lDng haEo ynu known him. A.-Oh eight
SsS ias#a ha zs'ai Fl rs rs to o~n A.
tSn W!ers W. t3C olfe Ut tl: ns7 A'oom No in
Gin TIC bnildng Tn tue oosnor Of AdanlH and La-
sno "a os s u t6a 3f peSoa WS" ,nss G
for HsG mSs s @
S.-Tho q!''ee q W q oty Tt.s.ares, AYES, afr.
Q-11ow long had 1t boen used pr1nr to that dat12
Al understand hiuco tic construction Of the bulld
the fire. 1t was built II temporary place aftor Ito
9n th9 ta3 asost fro ot 1e11 A1s11 oe9ser
before tho 10th Of los. Deee'nber! A.-Yca eir.
2.-iIad you been iuit7 A-Yes.
tObjcoted tol
Q.-1mncdatcly rrecolfug7
Mr.: swctt-Therc is avsr,nent IN this indictment
shnt David Gage waa thu City Treaanlrr.
Mr. Reed-1f tho court please, we had . parallel
cerIaiu Aldersn for bribery, and it vas a1o red in
was urged, md abandoned in tho Supreme Court
1hsy sd not nSyH @ the l9ce 2 present It there
m ho Tnere nuesoa II 5ofSf a e's9 # M
Gags wan mn officer he WAS estoppea
Tue objection oYerraicd and exception taken by do
QEnlr. o1isrs, yo,' say yon became City Treasurer
mellute prcdeseasor7 A;-pavid a. angs.
Q.-ThtH defendant in this casc7 A.-Yes, sir.
If x 10 Sn had he oes sns as G
the previous four yeare.
CALLING ON adn, GAGE.
1y Ss l'sh Sse o.
III relation to tho otlco7 Al him subsequent
to slo M l8tl Of December.
Q.-What dato did you nec 1tn-I moan thia dcfcnd-
.nt? Al wrote hin, note OH the 3eth Of Dooo1a-
her.
Q.--1.aat7 A.--Yes.
Q.-llnvo you > cnpy of tho note7 A.-Thcro ia a
cory of it tsnowiug II, as' received nb alnwcr.
Q-do on. AL abtstncsa no answer to that. md
b-:whess did son SEQ lin whcu you served him
p-Now, when Was that7 A.-That waH about tho
dth Or 9Th If Ja:luury last.
defendant IN nerso @ WHIT onnirre ct rs ,o a,,
him tEen and thera2 Al vent and slated that
c3srn npon personal duty that was required to dis
linn for tho balaaes duo 10 the City Treasurer,
.nlo'n:iEg to 60 much as was expressed In tho note
e.--wc what oc:urted2 A.-uo took 1t aud put
Q.-what did ho esy7
ANOTHER OBJECTION.
Mr.. Dcxtcr---He ubjtct to that lsrcr.
Mr.. Roctl-1 sm only asking whit S1r. Gage said
Mr. Dn1tcr-Tllc Objection IL thnt VIC do not want T.
demand Proved ty rarol. 1Ie is srking what he
sad' e,l 10 han g"t demand in whiting which hc
pr. Reea-Whrn We yet ready.
alr. Ds1&er-1f you ,sale 4 written de1nnnd We do
not want 1t proved X II y1Fel. r. e<,a
Q-fou eay you Eent him Paper. and he took til
A.-ieg, nir, anu PIT 1t IL, his pocket.
Q.-Wo]l. what dill ho hay3 A.-He said he MAS
{objtcsed to by 1cfen,lspts COUNCIL objection over
ruled, sud execution by dofeulaut'a counsel.]
WHAT niN. GAGE BA1p.
Q.1"el'. Mr. oIlara, what did he say7 A.-nc
stated that hc bud been unfortunately Involved III
hc hoped III tho Of very brief time to be aulo
to pay over tbs deficiency.
q;wwcll whit, # nnything did he ray about the
a,noum ,A.-1 think lie simply stated that 10 Ii @ ac
ccptch Of tho declaration 30 Maie BY 1ue az 10 thp
anlp1int thut wa3 deficient.
Q--hss hc ever paid that money TO you? A.-Thero
~as 81, 9uu ! believe. paid In /; that was nil
Q-Who has bccn CITY Treasurer over since tho 1Gtl
dny Of December last ? Al have.
Ono other rcrEon? A.-No.
Tho Court-1 1nl Ibis decision, which alluded to
somo limo ago. 1t Is tho Of Marsh w. Smith, The
Superior Court hold this doctrine: IAut where VI
oicer neeks to ursify hisnsef for net That would
be oAeFwEe trespass and where ho sets up his official
shatsser H. protection 'At 10 eonnet 70 60 hy
- W., ,.n ,, Gy Ar. lieea. .uo.
.nse o i5th M ,q gd1aTs u gsse xNo
,Q:1The ssn'a building TINT Gage formerly ocou-
O-Whnt did aIr. Gage, when you handed him tho
paper III person, ray about receiving any other paper
from yo!l,-the one you Say you eent Al believe
ho stated he had received Communication OF sinai-
lar rurport to this. aud did not pay any Immediate at
tentiou 10 1t.
Ic"uns, for People offered tho two papers In evi-
Q-You say you demanded sum named In there Of
him 7 A.-}cB, Sir.