, 1874-12-02
AFTERNOON SESSION.

tiUt,,' 80. .'.-i .'.: III
Tic Court tl,cn tools recess until o'clock.
--s---.
AFTERNOON. SESSION..
TESTIMONY ron rilE DErENsr
Upon tho roaBsen,bing of tbs. ,Cqurt. A. T. Tnlcy
WAS called for tho dcfcuae, and csied rs foliuwa:
:: g. 20. u. y. TuLry,
.Direct examination bH lir. .saret: Q.-Izow long
!nvo yuu resided in Chicago2 A-Consihuully ainco
ls51 .;., j., -. ,.. >, 81. p, .
Q-11avo yo,, over Occupied any public posttion
Office tIlcre2 Al l,nyo.
Q.-What, II nny, In conncct lon With tic City Gov
crnn@cnt? Al was Counsel To tho Corporation
from. December, 1869, nntii December, 1871. .. =
Q.--Wlcn wna Mr.. asgo fysl elected Cy Trcanurcr2
A-Well, number Of years. ago ho was Treasurer Of
tic City of Chicago. -,
Q-l meal, about tho TING you ;rcnt nto tbs office.
A.-1To WINS elected. think, iu November, 1s61,-h
Arat Tuesday III Noyoml,cr, .,s: =.
Q.-Dl,tng l'iH administration as Tscasures, what,
nnlca did yuu Itl7 Allie oIuco OF Colnsei to the
Corporation. -
Q,-Wlo wcro members at Tho lime Of the EfnRnce
Co,n,nitcD2 A.-4sld. McAyoy, Aid. Nl'cc, and ALL.
1Ierng we're tic uclers Of tho Fuanco Committee.
Tho Committee that ap1ointoin III Decemher 1860,
under tho administration that stcn wcut jnto power
Q.-Da you remember tho fsct Of Mr. Gagc, as
TrcaRurcr, scniug ..,. ..
coMsiusIrAr1ox TO TIE qoMMoS COUNCIL
IN reference to the disposition to bo mas by him Of
1AO pNu1lu lAlllth III lin .lNUub u5 4EcAsHfEE2 Al
rccollcet Tint fact, sir
Q.-1 will asls you to look at the tettor which pre-
scut you, End, whether not 1t il cupy Of tAg
letter aent by Mr.. Gage. A.-Io tho bcst Ut my recul-
lection lat IL copy Of e lotor sent by 5lr. tagc.
OIL will usk you what becao Of Tho city records
and papers at tho time Of the Chicago fro? A.-Somp
of them were destroyed by ve, Int 1nckt alt Of the city
PAPERS wero ENycl from tho lire II those thpt
belong 10 tho City Clerks oalce. ), -,
In tt,. l'ecd-Q-This would belong to the City
Clerks Office World L 1ot2 A.-rhut would depend
upon tho tacL whether It was cyer reporgd buck. lily
Impression is tlsat 1t WIS mover reported back. "
Q-Do yon know nythtng in rotation. to tho original
Of tlat letter. 10 whether It was destroyed or nos2
Al do 1ot, sir
Q-11avo you nlao any search for .lio letter At tho
rcl,,cst of anyholy7 AL laye not; directed
search 10 be nude, but did mt mako 1t myself
p.-Who dll mako III A.-My partner, A1r. Lewis.
~ afs Srttt-Q-I will ask you whether or not you
know that srch letter was sent to tho Council A.
LIDO, sir. >.
Counsel for. tho dcfcnd9nt offered Tie ,ottors lu
evidence and they objected to by council for
tile people,
Mr.. swcit-7Wo expoct to follow that up by PROV
itg Tint, upon rcccipt Of it, the Council took action,
aud referred the question to Ito Fnnucs Committee;
that tho Finance Committee applied 10 tho Cor1,nra-
tion Counsel aud Tho Comptroller. Tic Finance Con-
n.ittcn uni the Corporation Counsel m.do arrange
nlent Will. Mr. Cayo to tho oiIcet that he waa to
- LOAN THE rUuL1o FUNDS
anl account to iho city for por cent iii
sernsl, having any excess for LIS risk a1a trouble,
and That tfe city was to rely upon Ills hond.
Pursuant to tnt, he dill 1onn Tho funds and two yearH
afterwards al tho facts wcra reported to thu City
Counuil nnd Ecttlcment made with Mr.. Gage upon
That Eass aI.d tho uclion Of 9c Finance Committee,
anu Of tho Hurloua parics ratified hy tic Comn,on
Council by MI olglcal vote. :: :.
Mr. snIth-.rha charter provides what the compe.
lent authority a,-t,rro ahig,y about tt,-ahan.
tho anucr III wclt IL In 10 tc done, md thu accrity
to e tnlo, aud where IL Ia tn he put, and tnt cntsa
4no power uuw. That letter dooB not prove or tcn
10 prove anything nf that kind. II a cotn-
pecht aus1lurity dill direct Mr. Gage in rcntfoh
to these deposits let them Introduce their competent
authority. Whether it WIS donc by suggestion Of
Gsge, Of their nlotton, IL wholly tn,notcria
Wl,c 1t 10 tle point Of tlur presenting
osent authority, what III clnncd to hr competent
authority giving direction to Mr.. Gage, tho timo will
G0mc linen to tleeitu whethpr that In sufficient no
Tia Court-rhero ia great .,eai VI, g..
-, 1SpEr1SlrEXEas
about so1r statement, Mr.. SWEET. Iii the absence of
something subsequent to this, 10 not thinli this
would Ee competent. Yut simply Htatc III general
way, lila! you expect 10 show that Tho corporation
t0ak uction when they received this letter,
AMI referred tue subject to the FINANCE Committee,
hit YOU o not gtas tho toria Of It,. Now, Bnr1ose
sn avu 10 revert to first principles to ispoao
ts 4ueHtou. This Ia corporation assuming to net
n mailer wherein It's cooperative Aetiou is relied
| upon, II I.,nderstaId yon2 e
Mr. Bulith-4ey. ..-.
Tho Court-Corporatsuns cau ouly net by agents
duly and properly authorized by vote Of the corpora
lion III Gono legal way Now, II yot.r statement means
10 Include proposition to Tho effect that tho corpora
t!ou III legal nnnnor authorized under this clurter
dill nct aud dia direct, why, then think TINT is
Nctat not think it Wfli Et fhN