New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-02-17
BROOKLYN TREASURY DEFAULTS.


Ex-TREAsURER sPEAGUE's SUIT AGAINST THE CITY.
When it had been established that money
had stolen from the Brooklyn City Treasury, and
that it had been taken under the eye of Mr. Sprague.
and when the community urgent IN demanding
the cupr should make reparaton for the loss the
late City Treasurer Immediately made haste 10 make
the defalcation good by turning over all his property
real personal TO the city authorities and to his
bondsmen to reimburse them. At that time Mr.. Rod
alone had been suspected or arrested, nut subse
quently Mr. sprague himself indicted for malfeas
ance in Office and neld bail Thereupon his counsel
D. p. Barnard and exJudge Twin Moore. claimed that
their client not responsible for the thefs which
we're committed by Rodm an and that Sprague had paid
the money the authorities under misrepresentation
They forthwith brought suit for Cortlandt IL Sprague
against NJ T. Rodman, the City OF Brooklyn, aud others
to set aside the assignment Of his property TO
alleged defalcations IN the City Treasury This
called yesterday in the Supreme Court Special Term by
Justice Tappen
Corporation Counsel Dewitt who appeared for the
city, urged that the trial should place Ex
Judge Moore said that he appeared for sprague, who
was so i'll to preclude his being present for trial
rendering necessary assistance in the Mr. Dewitt
thought the matter should not be delayed. lie was
willing to have Commissioner appointed to take
sprague's testimony as fully as might be desired. He
said that there existed urgent necessity for the trial
OF the case and added "At the time OF the discovery
tue defacatOD, Mr. Sprague was City Treasurer,
and he made an assignment TO the city OF
real estate TO the city from loss. On this the
bondsnen gave note for the full amount OF his sup
posed defacatiOn. The city was 10 realize on the
curites, and deducing the amount thus realized from
were to pay the balance. Sprague handed over his
stocks, DC, TO the Controller. Afterward, on Mr..
mind and this action brought TO set aside the
signnent, and injunction was secured enjoning the
city and his bOndsmen from negotiating the securities
and realizing the other property. The note OF the
bondsmen due, and the city Is In OF bringing
suit IL is OF the highest Importance to justice to the
city, and to Mr. sprague that this case should be brought
to trial."
Mr. Moore said that the assignment OF property was
made 10 cover the defalcation Of Rodman, and Mr..
Spragues counsel would be prepared Ia show the
trial OF their client that the Treasurer de-
faulter TO the city OF Brooklyn through Rodmans acts.
but that NJ WIS result OF effort made by the
Brooklyn Trust Company 10 throw back the money
moon Treasury to make ii appear that Sprague
was defauter Between 100000 and 100000 are In
yoIved rendering necessary The active efforts Of
Justice Tappan said that he thought the request OF the
CORPORATION Counsel was reasonable and he suggested
that order should be made permitting the plaintiff
appear from physicians certificate that his life would
be endangered by such examination 1t might be post
poned.
counsel said he would not agree TO any such
course of proceeding Mr. De Witt said that Spragues
bOndsmen could not realize the security. they would
have pay the full amount the face of the notes.
Mr. Hedley counsel for Mr. milford. Of Sprague's
bOndsmeD said that this was the first intlmston that
either order for commission one for the dismissal
Of the should be made.
The civil euit against the bondsmen OF Treasurer
Sprague will called the Circuit Court in March,
The principal bondsmen Messrs. Kingsley. Mumford
and Mr. Fitch President OF the NewYork Marine Bank