New-York tribune., 1874-08-11
THREATENED INDICTMENTS.

h.
THAT THE CONTROLLER WAS JUSTIFIED IN en-
FLOWING SPECIAL CoUNsEL-THE OTHER SIDE
OF THE CAsE-THE MATTER NOT YET DECIDED
The question of the indictment of Control
Ter Green by the Grand Jury the charge OF having
violated the law by employing Dexter A Hawkins to
influence legislation at Albany still exeites puOhc ln-
terest. The Mavor says the Grand Jury UNANIMOUSLY
refused 10 find indictment against the Controller gu
the evidence presented This lie denied by Others who
say that the matter has over till tomorrow ana
will then be taken up by the Grand Jury
The Controller as the person most directly interested,
was called on Yesterday by reporter OF The TRIBUNE
and questioned in relation TO the charges made against
hm and the persons interested in presenting them to the
Grand Jury. He declined at that time to make any
statement relative to the matter. 1u all that he had
done he claimed to have acted within the law, and was
prepared 20 prove IT, He knew who were engaged in
pushing the investigation but preferred TO say nothhs
yet.
The Mayor was then visited. He said that he under
stood the charge against the Controller was that ne EN-
pIoyed Dexter A. Hawkins TO watch legislation at
Albany and for such services paid him over 5000 The
charge was made, he understood, by John Foley VINO
claimed that the employment of Mr.. Hawkins OF any
one else in this capacity Illegal. The Mayor ala
NOT think So He believed that the employing oi ha"-
kns 10 oppose corrupt schemes saved lhe Guy
large amounts of money by exposing ana 'uu'
preyentine the passagej of bills devised for the
under which the Controller acted was 1ouhu I'D SEC i
Article OF the Charter Of 1870, which provides that
the Law Department shall have the charge ana cohuuct
of all law business of the Corporation and OF It's depart
monts except when any department snail nave OF ein
ploy a separate attorney and counsel and for Whom
there an appropriation and all other law business III
which the CITY shall be interested The Board OF Appof
ticnmept in MAY ls72 among other items for the
Finance Dcpartmcnt allowed s5COO for legal expenses
for the ensuing year, and 1t from TINS allowance
that Mr. paid for his services during tue
ensuing session OF the Legislature The present chaer
passed May 80 1873 prohibited such employment OF pf
vatc counsel Section SO. Article OF the Charter pro-
yides that tho Law Department shall have
the charge and conduct Of all the law
business of the Corporation and It's depart
menis and Of al law business in which the cly
of NewYork shall be interested, except as herein other
wise provided. No officer department, except as
herein otherwise provided, shall have or employ any
attorney or counsel il shall be the duty of the Law
Department TO furnish every department and officer
such advice aud legal assistance as counsel or attorney
In or Of court, may he required by such oheer vi
department" The allegation made against MI Green
If that he employed Mr. Hawkins after the new charter
became law. He may have done some work IN the
closing hours OF she session. day two after the pas
sa-e OF the charter The contract made with him by
the Controller was the session, months before the
passage Of the charter II absurd to say that the
section IN the charter vltated the con
tract made Controller appear IN the hight OF law
breaker II the Controller had fault IT was in constrn-
ing the law literally and requiring that every letter
OF should be observed. At least tins formed the OASIS
of many complaints against him. The Grand Jury were
apparently wei satisfied that the Controller had
done wrong that they unanimously refused TO ma
indictment against him.
THE PROSECUTION.
Among those who summoned before the Grand
Jury IN addition 10 John Foley Corporation Coun-
sci t. Delafeld Smith. Dlstrict-Attorney Phelps and
Others Who is understood. were requested TO give
their opinion on the law governing the case. Both are
now absent from the city.
The ground taken by the prosecution that
even e the Controller had the right 10 en-
ploy private counsel under the charter
Of lS7e. the employment Of person, whether lawyer
or not 10 influence Itels!auoh az ADah{' Goua no. pc
properly cassed under tue head OF legal business anu
therefore, II was clearly violation OF tne law. Inc
new charter passed Nav SO 1873. The series OF
bills presented by MI. Hawkins amounted to 500 70 for
session. O1c Of them dated May 81 ana was Tor
s656 for professional services for six days IN relation
10 bills which had come before tue Legislature.
Apparently OF services thus charged for were
apparently in clear Violation Section arti,ee.
bc Grand Jury are some hat surprised that the pro-
ceedncs Of their BODY should have been made public
from day dav. Tuev complained TO the District At
torney who declared that ignorant OF the man
ncr IN which the announcement was made
John Foley was asked yesterday who those asso
ciaed with hm III endcavCring 70 procure the lndct
ment lie deciued to give the desired information. re-
marking tna in tins matter he merely actuated by
Sverythinr would be made clear. lie laughed at the
assertion Of tue Mayor that some OF those no were
endeavornc q procure the Indictment OF the Control
cr would yet nd themselves IN state Prison ana init
mated that revelations Of startling character mght
yet be made.
TIE NEW DEPUTY CONTROLLER
The following letter from Controller Green to Ahra-
ban L. Earle the new Deputy Controller explains
iIseli:
DEPARTMENT OF FINANCE, Aug. g, 1874.
Ny DEAR SIR: In handing 10 you with tins your
agreeable 10 express my high appreciation OF your
services during the period Of your connection Win ths
department.
Ii was In your appointment by me as Auditor OF Ac-
counts that the practical step taken TO nd The
community the burdens OF two separate governments
city and county Tne abOrs and responsibilities OF
Auditor during tlis period have no parallel either
in their complication IN their magnitude; covering.
III, do, Transition era, In which an Old sy stem mas
passed away With It's debrS to some extent disposed or
and III winch new system has been OFganllel anu Is
alrcady well advanced in its establishment. Few Will
the severity OF the prOtracted struggle WIch
has blOu gt this about It begun more than icar
before The present Mayor took Ohce ana bds not yet
ceased.
Your administration Of the Once OF Auditor has been
characterized 10y patience int gritty Intelligence, ana Dy
uufaiing courage You have been subjected 10 the con
tnuOus buetny, threatening, and cJOhDg OF tue most
unpTnCplCd OF the legal profession auu Dy tneIf COZ
fut and desperate clieutage. Certain men claiming 10
respectable. who using others heads and haudS
10 depete the Treasury have gwen Circulation 10 state
all the meanUeSses OF malignant misrepresentation nave
marsbaed impede the progress OF better hinrs
thVarng designs OF these influences and agencies
upon the puOIc Treasury and notwithstanding Oh
thes OppOtODs and difficulties great progress Tor Tie
better nas been made All have to ask Is continusnce
incrosts has characterized your efforts III the past
lASDKEw H. GREEN