The New York herald., 1874-09-18

III AA|AAOAZAS ~ AOs As AASA-
Yourself and your tools, for the promotion OF your
selfish political schemes.
THIRD TERN MAYOR.
am the Incumbent or the Mayors ONCE for the
thlrd time, rechoSen twice without any action or
my own. after had been, at one time two years
ana at the other over twenty out oil the office. My
fellow citizens have had abundant opportunities
to form their opinion Of my character, and no man
mas ever yet nsped DOUBT o; my integrity. Yet,
the shadows Of y veass was Mr C ons
from the west, you sought without the lmputation
OF corruption. but IN the pursuit OF your paltry
personal purposes to close my career, finally in
dishonor. Foiled In your object. might far as
am concerned leave you, TO be torn by your own
cltizens that devolves upon me and 1t shall be
faithfully performed.
are an "nonest man." and you have repeated that
almost believe it to be true shall show that You
are very dishonest man that you have deirauded
TINS city and county OF large sums OF money, and
That you have been guilty of a crime that is ade-
quately described by the word ''ielonious," al
though you say In your letter that It is OF mar.
will read this answer with surprise, except ss to
the discovery or your frauds. You knew what you
with the sageness OF Bunsby. tnat "aggrieved
@ ana injured people are the first to crlticise."
ee wS " 70 s to s m
my duty TO make this exposure, because, in my
opinion, the threatened rule OF this city
by Morrissey and you would be as disgracefu and
as dangerous as was that OF the fallen and dishon
ored men who when they held the rod over II,
ceived in return homage and service. AS the re-
mainder OF this letter will be devoted to the frauds
holding the offce Of Sherifi, viii nrst state what
fees you were by law entitled to receive from the
public moneys.
KELLy's ALLEGED FRAUDS
The part OF the Revised statutes which provides
for such fees Is the eleventh section OF the title
which relates to "fees OF offcers and ministers OF
|
Sherir may receive for every person committed to
prison s7h cents; lor every person DISCHARGED
and Terminer or General Sessions $40" An
conveying prisoners to the State Prison, which Is
paid by the State and is not included in his &C
for summonlng constables to attend the Supreme
Court or any other Court fifty cents for each con-
stable, and for attending the supreme Court s.
fully hereafter, requires HIM to make report Of
convictions to the Secretary or State and autho-
rzes the Board Of Supervisors to fix his conpen-
satiOn therefor. These are all the statutes that,
upon investigation. could be found allowing fees
to the Sherifr OF this county in criminal cases. A
clause added to the eleventh section above specl-
fled provides that for performing any duty Which
may be performed by constable the Sheriff may
receive the same lees which are allowed to con-
stable. But the fees of constables are provided by
the fourth section OF the same ttle and the ninth
section Is In this comprehensive language
not extend to the city and county OF New York. but the
shall receive such ices in criminal eases as
hereafter shall be specially provided by law.
For nearly fifty years, therefore, the Supervisors
OF this county have mad no power TO audit and
allow the accounts of sherfs Tor services in GRIM
lnal cases unless at rates established by provision
OF law. except only IN the case OF the report OF
convictions to the Secretary OF State In my state
ment OF the moneys you have iraudulently OBJ
tanned from the Treasury or this county | shall
treat you not only with fairness but with iberaliuy
The following rules will govern IT..
FTSt-MoneyS tnat you obtained from the treas
ury II like moneys were paid to your predecessors,
although the payments were not authorized by
law, Will not be included in the accounts, but
Second-lf you received such moneys IN disregard
OF an explicit provision OF law they VIII be stated
as ..illega payments,n and
Third-Al moneys you received for pretended
services or ior services partially performed so lar
all moneys you received without authority OF law
unless extenuated by similar payments to your
predecessors and so far as they were in excess OF
payments"
KELLY FORMALLY IMPEACHED.
Having made these grave statements in this
connection proceed at once to state proceeding
on your part which pervades the whole Of each OF
your terms OF ONCE and which involves the per-
petuatlon by you OF Migrant crime. BY an act
passed In 1889 it was provided that within ten
days alter the adjournment of any Court OF
Oyer and rerminer, General Sessions and Special
Sessions in this city, the Sheriff should report by
mall to the secretary OF State ''the name, Occupa-
ton, age, sex and native country Of every person
convicted at such court of an offence, the degree
or instruction which each person SO convicted has
received and sucn other itemsn as the Secretar
OF State should require; and for tbis service the
Supervisors were directed to allow "a reasonable
sum-" The Supervisors OF this county fixed the
compensation at fifty cents Tor each convlct-a
compensation so liberal that sherif ought, In
gratitude at least to have been honest The
Clerk OF the General Sessions by the Revised
Statutes as to courts OF record and by the act of
1889 as to the Special Sessions, was also required
to report the convictions, but with different Items
OF Information.
An abstract Of these returns was made out by
the secretary OF State and transmitted by him to
the Legislature in each year.
LEGISLATIVE REPORTS ON THE sUBJECT.
Those during your two terms Of Office were made
out by d. X Floyd Jones' Horatio Ballard Homer
A. Nelson and Francis q. Barlow. These abstracts
are printed IN the Legislative documents OF the
sessions next ensuing the reports. 1t appears by
these printed abstracts that the totals in each
year OF the respective reports made by you and
the CLERK were as fOllOws:-