, 1874-01-08
.. A. GAGE.
The Grand Jury Find q True
Bi1l.
lie Is to Be Indicted for Perjury and
Embezzlement,
Tho Action Of tho Jury Harmonious and
Unanimous.

In0 NFnHu Jury TcA8ao1Dlou At ~ U CLOCK JOE"
tcrday forenoon, md proceeded with tho invca-
tigation Of tho case Of Mr.. David 4. Gago, OK
City Treasurer. Tho Witnesses examined were
Mayor Co!viu Judge Norton, Corporation Coun-
Hol; Mr. Murray Z. .fuley, ox.Corpbration Couu-
sol Mr. Frank Barrett, and Mr. II. F. EamcB,
President Of tho Commercial National Dank.
11r. George Taylor, Trustee Of tho property
turned ovor to tho city by Mr.. Gage, waa atao
present, but was not examined, as all the I'M
portant faets within Ills knowledge Ind boon
elicltod Tuealay.
MAYOR coLv1N.
Mayor Co1vin WAS tho first witness called. Ho
testified that tho city had mado no settlement
Will Mr. Gago All that had boon done was to
accept 1Ir. Gago's proposition to place Ills prop
cr.y In tho handa OF y trustee, TO be converted
itIo cash aR Boon as possible. or within eight
m,nti,a, tho money realized to be paid to tho
ciy In discharge Of tho indobtelnoaa, go far as
itwonld e. Tho Iendsmen had boon prose.
t, stipulation with the city that, in che eyont
d tho property pinced in tho hnndB Of tho
tustee not bringing sufficient nuaount OF
money to cover tho deficit, they
would pny tht bnlance without suit. Neither
:he rights ot tho city nor tho people had
been compromised in any way By tho action
taken, as everything WINS done under tho advice
OF Corporation Counsel Norton, Alr. B. g. caul-
nola, aAu JHdBc U!cRey.
JUDGE NORTON,
Tho second Witness WAS Judgo Norton, Cor
porntio1t Counsel. His testimony was worry short,
aud comparatively untn,portant, as 1t had rotor
ence mainly to tho Legal advice Eivon by him to
the city aulhoritios after the discovery Of tho
dofa1cation. He could give no information what
ever US to the disposition Of the Treasury funds,
but promptly answered all questions touching
tho iogal aspect Of tho case.
Tn1n .vn1 r. 1r3frnnG
called. Ills testimony was Of the same general
character as that Of Judge Norton, ho having no
personal knowledge Of the defalcation. While
he was Corporation Counsel, there appeared to
DO no grounds for su8pectinE Alr. Gage OF dis
honesty. The Witness mover heard his character
for integrity questioned until after tao election,
when tho condition of tho City Treasury was
n.ado public. A few legal questions were put to
Mr.. lulcy, and aftcr giving his opinion lo was
n1lowod to rotiro.
testified. Us a banker, to w1atho know about tho
funds in thu hands Of tho City Teasu-
tcr. He stated the amount on deposit in
thu Commercial National Bark, and at the ro-
quest of sonlo Of tho jurymen stated the prac-
co iu regard to paying internal on city deposits.
FRANK BARRETT
was not regularly examined, but was simply ro-
called for tic purpose or giving additional In
him Us Notary Public to Mr. Gago when the
Inter: presented his monthly statement. Ho
WAS sent after tho last statement mado by hlr.
Gago, and, after 1t had boon examined by tho
jurors, the SatoB Attorney announced Tint tho
evidence was nll in, and that tho case waa in tho
hapds Of the jury. ..-.
4 brief discussion followed on somc point Of
right of hr. Gage to thirty davs' grace before
paying over the deficit, and tho result was that
htr. Noel called upon Judge Rogers. il, tho Crim-
tnal Court, Tor an opinion. The Judge fur
nshcd II on slicot Of foolscap, md It
could not DO understood By tho anxious listeucrs
outeiue. Tie jury appeared to bo satiBtlod, and
1lr. Reed resumed luis remarks. Ho summed up
the testimony very briefly, but nj times his 70.
n,arks were rather indatinct to cur reporter on
guance. Ha waa heard to say. however. tint
tho testimony developed two oifenBes on tile
part Of hlr. Gage. both Of which wore 'ndictab!c,
viz, o1nhczzlement and perjury. It wes for the
jury, lo said. TO determine whether the evidence
was conclusive on those points. aud he left tho
n,attor in thoir hands, fcelipE confident. that
their notion In tho premises would be for the
bost interests Of tho community,
DISCUSSION.
Some time WAS spens in argument, In which
the voices OF two gentlemen, wlose nameA 1t
would not DO proper TO mention, were beard adj
vocating lenlcncy to Mr. Gage; but tho minority
appeared to be unwilling to listen 10 their up
peals, and separate ballots woro finally ordered
to be taken on the charges OF embezzlcment or
failuro to turn over public money, aud Of per-
Jury. I'm both caaes tho affirmative vote was
almost unanimous and, aCcordiugly, tho Stato'a
Attorney was instructed to draw up the indict-
nlentB md present thom to the jury this morn
lug.
THE INDICTMENTS
Ono Of those indictments was for perjury, but
1t could not bo ascoltainod whether tho otllor
MAS under the State law for failure to turn over
tho money, or tho city charter for unlawful use
Of city funds. Tho street reports wero equally
divided between tho two. Tho penalty IL the
sn,no in both cases. The following is the pro-
turn over moneys:
II any officer or person. who now la or hereinafter
may b. tntsuacd to collect, dlsbufsc, receive. or
isSS osy s H. f
this stato, to tho school fund Of any county town
. to ay eoanty H. ths t t;s n%te S any snns turn
thereof, or to ay fund for the improvement Of any
public road, river creek, or on otLe waterconrse
fund now IL being, Or hereafter to 10 established BY
law for public purposes and who shall fail Or refuse
ry OYER all moneys wnsrants bills s3 n93tcs ana
fur disbursement, and has not dishursed, collect
aha receive, Or saa reeave for safe-keep!nq !
stnte, or t. my such funl as aforesaid, whom sucl
officer person ela be thereto required by law, ant
Hills, notes. orders ought to be raia over or to Iii
or their attorney os AGENT any authorized IN writing
Guile; every auch officer Or person elal on conviction
thereof, bo punished by confinement in the pcniten
tary for any term not less than one yoar, nor nor
tlnn ten years: Fropided, that 10 person shall b
committed 10 the pouent!ary under THU section, I'LL
1ess he money not paid over shall amount to si0o,
1t AprcRrs That suc G1lnrD or rpfuRal slan be octa
Bioned by unavoidable loss or accident Every per
son convicted under tho provisions Of this sectio
shall forever thereafter he Ineligible md 1Isqualie
from holding my ollica Of honor or profit in TIL
BLate.
II tue Indictment Ia found under tho city char
Tor, It ia on the following provision:
THO Treasurer AMI City Collector, a.ld Ill receiver
Of city money hereby required TO Keep safelyt With
out loaning or using, unlesa differently draeted
ordinance resolution Of tho Common Council, ri
Tho city public lnoueys collected BY them, onol
wlse at any time placed In their custody or dIsposa
TIL tho eale paid Or directed by the prope
onaces warrant law, order Of tho corporation TO
transferred paid out, and TO uako alt Payments
transfers promptly. when thereto required by an
law or or1tr Of Raid cooperation, Or unde
any regulation Of the Comptroller. And IL IN
ono Of said oticers Or Of thoao CONNECTED with thsI
IN tho collection safc-kcep!ug aiah.lrstng Of sai
city revenues shall convert to Ills their use, Il
my way whatever. or shu use by way Of ivcatnlen
In any kind Of property merchandise, shall loan
with or without interest," unless differently directed
y