New-York tribune., 1874-05-06
spRAGUES RESPONSIBILITY.
THE EVIDENCE CLOSED.


ASKED FOR ON ALL THE CoUNIs'
The evidence i'm the case OF Cortlandt A. Sprague
was closed Yesterday and the case VIII probably be
given to the jury to-day. The first feature was the
cross-examination of Spragne. de tbought that ne
had a ight to invest the money belonging 70 the
Sinking Fund wherever he chose, ana 80 lent out
$50 900 at five per cent interest OF one per cent more
than that given by tho banks Gen. McQuade.
President of the Jefferson Car company tes-
titled that the certificates Tor SsOoo worth Oh
stock in that Company were handed 10 hodinah ior
Spraoue Controller Schroeder, for the prosecution,
read the transfer of Spragues property to the city,
and Thought that the whole was not worth much
mopev Ex.Mayor Lambert and Daniel Chauncey
gave testimony regarding loans. Mr. Barnard then
read to the Court the legal propositions on which
the Jury should be instructed lie CLAIMED an acqut-
tai on the charge of approprlatng SooOoOo OF the
citvs money, as the word dollars meant gold and
silver. and this is not sustained by proof Judge
Moore sa,d that he 80 understood the wOrd-a sig
pIfcapt remark Mr.. Barnard then presented tech
nical objections to all the remaining counts The
Hon. Francis Herman will sum up to-day for the
defense and ex-Judge Van Cot Tor the prosecution
THE EVIDENCE.
rhocross examination OF sprague was continued by
e1Judpe Van Cott He said that in addition to the
nronertv mentioned in his testimony Monday, he had
purchssed while in office as Treasurer, sewing machine
stock worth So 5Oo Hopete Insurance stock worth soo,
bonds Of the Prospect Park Far Grounds Association
worth Ooo aud the trotng mare EVeyh, worth soo"
he did not turn these 10 the Conroer In July ana
August last he had raised about so7oo; ne sofa DIXON
manufacturing stock for $500, and borrowed $4,000
from Mt veeder $4,000 worth OF car stock' sl'oOo
from Mr. Low ON 100000 car stock, and 5000 from Mr.
Sanger on $4,000 worth OF the same stock Out OF the
money thus raised, s55,OW Central Bank deficiency
was made good to the city. Judge Veeder did
the business for him; he recolected another Item OF
s2 600 raised on the mortgage bond for $4,000 OF the
Wilowst house. On Jan. !, 1869, he had property III
New-Jersey worth $4,000 and property in Chonango
County worth N OOO Rodman had the coateral 30 that
he could get the money when he wantedl Rodnan never
so Was not that check for s. 555 the Fulton Bank
payable to the order oi AIMsg se, was NOT aware
that the Trust Company would not lend money ON
RsSyeewTo Mr Barnard: The In tho Building
Company was handed to the Controller Tae Sink
ing Fund entirely under the control oi tne sinking
Fund Commissioners separate rom tne otner paanoes
he supposed he the right 10 invest the money as he
mad the sole direction OF tho money; the commissioners
never held meeting while MI. Kalblesch was Mayor
| or Mr.. johnson Controller the banks only PAID per
cent so he thought he could give per cent ana use the
| money and the money was fully repaid. The check
signed &C. ASHLEY" passed to the credit OF the
| Commissioners Of the Sinking Fund because 1t was
about the time OF the suspension of the Trust Company
and he did wish his name TO he used Just III that
man. who received the interest aud indOrsed the pay
ment the back; he thought Goldman was Deputy
Ihe payment OF the 100000 to the Sinking Fund Conms
sioners accounts was derived from als own accounts
pany ecaied for the deiense) said ta the certncates
stock IN the II SomPny were sn Sa 10 % June ~
1872 100 shares $1,000 He had no receipt for the last
certificate but the nrst was signed &C. A sprasuo per
surrogate Veeder ecalledD said that in August 1873
me- assed s COO and spragae told him 10 return
amount 10 OF the mon who lent the money
| TESTIMONY OF CONTROLLER SCHROEDER.
At this point the defense rested their Controller
Schroeder called by the prosecuon) said that IN the
Summer OF 1873 he received from Sprague transfer Of
property 10 the city; have received money on the
default nor raised any money the securities and
coateras transferred by sprague cco was realized on
the Allan Mcponad note he had recollection = on the
city; lie believed that IL was given to spraeaes
Sondsmen ho nS ,dna. DA for nc oaa Of ss tbe
cashier bank stated to him that they could not be
transferred $4,000 OF the Jefferson Car stock which is
pledged TO the Fulton Bank ior ioah iol s19VoC ths
said he could not sell II Tor enough u cover the
Worth of stock in the Building Company sIares
in the Association could not be sold the Academy
the Union Car Spring stocks ne had not yet been able 10
| ascertain; the s7SoOO WiIlImlntic Railroad bonds
we're not quoted, and would not sell for much. Che
| transfer dated Aug. 81 1873. from sprague 70 the
Controller, was here readl Tae total amount
transfer made, sprague said he was transferring all
he haa ne da not y e cSe cenn
ses stating that sprague was liable Rodmans
not he would make the city good 80 that thing should
be lost He had no recollection OF the building stock.
his deputy had he thought Mr. Neeier had
them Receipt banded 70 % nm m %, he a had signed ,s The
iyr building stock. He also signed another paper (now
in his hand; II receipt In his own handwriting
for the building stock did know where stock
was papers had been aDsiraeted from his Office but
never from that box and as he reeeiyedh IT, it must be
~ ES,Mayor Lambert. President OF the Fulton Bank,
Tho hInx IN Sara
as security "a bonds of $1,000 each the Erie Junction
Suspension Bridge bonds, ana $1,000 OF stock Ia the
than that the money they had not tried 10 sell
He tried TO sell them about two months but
After recess, Daniel Chauneey called by the prosecu-
| Bank. sprague transferred to him mortgages the
Wnow-si. and NewJersey properties. rhis closed the
! MR. BARNARD CLEARS THE SLATE
Mr. Barnard then suggested TO the Court the legal
propositions which the jury should be Instructed He
referred to the indictment OF 70 counts number OF
referred to the transactions He requested
that Court should instruct the jury acQut the de-
fendant on the first count charging the defendant
appropatDg 100000 OF the cty's money. lie this
dollars gold aud silver. and the charge not
Judge Moore believed that dollars meant gold and
Mr. Barnum requested acquittal on the same
groupds 27 counts. lie also requested acqutal in
the second count charging the defendant with Stealing
s5OOOO as it was not sustained by proof He conended
the defendant had 10 the money legally and
4 WAS
not larceny; II 1t had been deposited aud then with
drawn, II would have been larceny II clerk receives
money place in his masters tll and does not do so
not larceny; on this ground he asked for an ac
Qai other counts The defense the Court 10
direct the jury TO acquit the prisoner on
| the third count, in whcn the allegation is that
| hs embezzed certain checks representing S5ooOo
This does not embody Ofsnse, checks are moi
money. Mr.. Barnard conehied that under Revised
sta municipal officer could he charged with en-
bezzling but the city charter that all public o0cers
embezzilng money snail be guilty of felony and this
checks being the ground OF prosecution II IA nor
embraced i'll the law IL the checks treated m
money they reached the Trust Company and that Com