New-York tribune., 1874-07-09
4 BROOKLYN OFFICIALS TRIAL.

CAPT. GILL on THE SIAND-IHE MOTION fOR AZ
QUrTM DENIED-rHE DEFENSE OPENED.
The trial of Capt. W. II. Gill was resumed
yesterday before J!dgo Daniels IN the Extraordinary
Court OF oyer and Terminer In Brooklyn. AS the argu
ment OF counsel both sides with regard to the mo-
tons for acqulttal made by Tracy expected to
take place. the court crowded at an early
hour; but when Judge Daniels overrued the notion the
crowd dispersed. large number OF witnesses
were examined as 70 Gs character, and the prisoner
himself was placed on the stand To-day witnesses will
be examined rebut the testimony OF the defense.
The proceedings begun by Judge Van Cott re-
plying to the motions OF Gen. Tracy. Ho showed that
the xes being by the city, and hold in trust
for county and State gave the city tho right Of property
and he quoted Chapter S Of the Laws OF 1871 to support
his argument. On the abolition OF the Office of Assistant
Collector Judge Van COt showed that the elected Col
lector did 10 OF Office until 1875 and section 2
Of the miscellaneous provisions Of the Charter provided
that all appointed elected officers should remain in
ofco until the expiration OF their terms Of Office, and
Gill therefore retained his Office under this provision
until July, 1875, unless removed by the Collector
Gen Tracy made an argument in support Of his mo
tion at the close OF which Judge Daniels decided that
the Charter Of 1854 distinctly stated that the misappro
priatlOn OF any moneys received by any officer in
official capacity was felony and the failure OF proof
that the money belonged TO the City OF Brooklyn
not fatal TO the indictment As the change Of the Office
OF Collector did not take place until 1875, the Assistant
Collector having been removed In September, 1872
By the new Collector virtually by section % OF the
charter retained office. The Judge thought that
proper regard for the administration OF justice to the
public required that this view should be taken of the
motions and he therefore Overruled the objections.
Gen Tracy, after briefly addressing the jury, called
his witnesses whom he examined direct
william A. Fury, City Assessor, testified that he
employed for nine years in the Tax office, leaving IL in
1868 had known Gill nearly IS years Witness described
the plan Of receiving money the Tax Office, and the
methods used In entering the in the books there
was nothing TO prevent clerk stealing the money il he
felt so disposed the money lay open tray, and
ticker clerk refused tO make tan entry in the books,
and removed the exact amount from the tray, in the
temporary absence OF the Deputy Collector that officer
would be none the wiser.
To Judge Van C0tt-Air Gill was the only one author
lied by Collector Burrows to receipt bills; but witness
had seen Mr.. Crane sign receipts with Mr. Burrows's
name; had known Of money having been received and
not entered the cker and yet appeared the cash
books. The error, when discovered, rectited.
Edmund Drugs, President Of the Willamsburgh Fire
Insurance Company, testified that when he took Office
as Collector OF Taxes, in 1s6O he found Gill there, and
understood he had been in the office elk years more.
At the recommendation OF Judge Lott Gill was retained
After detailing the routine OF the Tax Collectors olce
the witness said any dishonest man who had tho
adence Of the Collector and his assistant could easily
III
fusng make entry, take tho money so paid, and
the cash would balance close OF the day; had
GIL several years and until this charge his rcpu
tatiOn had been unspotted.
To Judge Van COtt-knew but little OF Gll's private
habits, but believe he lived within his income while
the his wife earned her living by sowing, and
doing the same at the present time.
Charles g. Badeau, son OF the ex-CoectOr, after de-
scrbing the routine OF the office, IN which he also
called away from the money drawer TO other branches
OF The department and during such absence the clerks
amounts the books handed the bin Capt. GIN
TO receipted. He confirmed the previous witnesses
without the knowledge of the Collector.
John d. snedeker testified that as lawyer engaged in
real estate business he had been frequently called 10
the Tax Collectors Office, aud had paid money TO clerks
at least dozen times. AMER tho clerks had made the
entries, they the return OF Capt G would say IL
all right Captain, aud he would sign the receipt
without counting the money
William $. Leach, formerly employed In the Tax Col
lectors Office, confirmed the last wtnesss
James Jourdan, President OF the Board OF Police,
testified that hc had known Capt Gill for 20 years, aud
and he never, before TINS occurrence heard aught
against his character Gill had served under him during
the war Tor ABOUT year ana his reputation Was e4'
To Judge Van Cott-snce the finding OF the indct.
ment have heard that GIL visited hotel In New-YOrk
In which he met lady aud that had caused domestic
trouble.
lady was personal friend oil capt S and had visited
HIM since he had been IN the present trouble had
known Gil to indulge Ia expensive habits.
Wilson who resided next door 10 Capt Gill; testified ~
his good reputation and inexpensive mode OF living
huOlphns W II ullI Was theh calieu Dy Heu Tracy,
and testified that no 40 years old entered the Tax
Collectors Office IN 1853. aud had be there cOntinu-
ou5y except when at the he had risen through the
various branches from bill clerk to Assistant Collector
serving under Collectors Wood, Drugs. Badeau. aud
Burrows being Assistant Collector under Badeau and
Burrows had, amid other duties 10 receive money and
received nearly sOOOOOOO yearly for the city he then
described routine OF receiving and entering pay
ments the date Is stamped on the bills, and the stamp
the desk within reach OF any or the clerks in tue
dull season the ono who acts ticker clerk
ofon makes OIL the entries Collector DurroWs was neW