The New York herald., 1874-10-01

same In my once. For this reason, as / am In
formed at Albany, for the convenience OF the Sec
RETRY OF State, the practice sprung up rst intro
duced, | believe, by Snerlf Wiiiett. my predeees-
sor) Of forwarding tabular statement only or
this class OF CONVICTIONS, and retaining the de-
tailed and bulky returns IN tue Snerfrs onlce.
That this practice was IN accordance WIN the
intention at tue Legislature Was concluslVely
shown py the passage Of the act Of March 20, 1851
by which IL was provlded:-
SECTION 5.-Tne respective Shergs OF tue coun-
ties or Albany, Cayuga, Colunoia, Dutchess, Erie
wego, Rensselaer, and schenectady snail, on the
FIRST day o every MONTH transmit 10 the secretary
OF state statement OF the number OF persons con-
victed IN Courts ol special Sessions during the pre-
ceding month In the respective cities OF Albany,
Auburn, Brooklyn, Bunaio. Hudson, New York.
Oswego, Rochester, Poughkcepsie, Syracuse, Sche-
nectady, Troy and Utica. such statements shall
specify the crimes the whole number convicted,
sex, age, nativity, married or single degree oi ed
ucation, religious instruction, parents living or
dead, whether before convicted OF not oi any
crime, and whether temperate or intemperate.
All courts in the city OF New York having Jursdlc
tlon IN cases where criminal CONVICTIONS are had
are hereby, for the purposes OF this act declared
Courts OF Special Sessions whether composed or
one or more police magistrates" thus expressly
ratifying and continuing the existing Practice,
and whicn law has ever since remained in Iorce.
BY section OF this act the Clerk OF the General
Sessions IN the city and county OF New York was
required to return the convictions had ''ln the
Special Sessions OF the said city ami county"
Under this law most OF the returns were made
difference between the names returned by me TO
the Secretary OF State rom the various courts, and
lNOse iOT WHICH WAS pdll, upDH WHICH Jou ldy
such stress, arises from very simple cilcun-
stance. AS above shown was specifically re-
quired In my returns to the Secretary VI STATE. to
include, under the head OF "Conv!cti0ns ar special
Sesslons," both the convictions in the regular
Special Sessions and those iu the various Ponce
Courts. In collecting my compensation rom the
county, this rule did hot apply, and |, therefore,
made out my bills according 10 TIE Tact, specifying
nuder one head the humber or convictions IN The
oyer and Terminer, the General and Spe-
ciai Sessions, and those IN the Police
Courts under another 1t Is true That
the Clerks returns do not accord with
my figures. This Is Ior the reason that he con-
strued the law to only require him to return the
convictions IN the Court OF SPECIAL Sessions OF this
county and considered that lie was not bound to
return those rom the police courts. This, how
ever had noLhlng to 90 with me. [ had no con :
tro over hln, and was not responsible LOT his acts
The law made 1t my duty to go to those poll,
courts and collect these statistics, and did It
honestly and properly
KELLY'S BILL CORRECT.
My bills TOR service are strictly correct but you
In order TO malign my character, have desperately
garbled the figures which you give as the number
or convictions returned by me TO the Secretary of
State. AS proof OF this scandalous conduct upon
your part give IN parallel columns the cOnvic-
tons as you say reported them to the secretary
OF State, and those which are actually found in
the office OF that officer at Albany as appears by
his Oficlal certificate hereto annexed
Cout .peiat Total General oyer Specia Total
M