The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-04-28

not put In an appearance.
Shortly alter ten O'Clock the case was called on
when the District Attorney asked for O postpone
ment until twelve O'Clock, in consequence OF the
absence OF an important witness for the prosecu-
ton. Mr.. Warren, the accountant, who was ex-
pected TO arrive from Newburg by that hour.
No objection was offered by the Defence and the
trial was postponed until noon.
At that time oil the parties appeared, and the
work OF empannelling jury was begun. Contrary
to general expectation, jury was obtained with
little or no difficulty, as Decentralization B.
Abbot, No. $40 Lafayette avenue, no occupation;
Peter A. Bennett, No. 1873 Bergen street, book
keeper; Philip A. Crane, No. 1s1 Madison street,
produce; Marcus Meade, No. 64S Greene avenue,
dry goods; Samuel Burnett, No 2S1 Jay street. col
iector; Abraham Blashdeld, No. 81 ST. Felix street,
teas; William Mason, No. 100 Franklin avenue, un-
William X. Meserole, No. 5.5 Lorimer
street, merchant; John Westiall, No. 961 Atlantic
avenue, carriages; Matthias Williamson, No. 1877
washington avenue, shipbuilder; Joseph Hager-
man, Jr.. New Lots. farmer; Walter A. Kimberly,
No. 4531a State street, importer.
District Attorney Rodman then proceeded to
open
THE CASE FOR THE PROSECUTION.
He spoke substantially as folows:-
The prisoner at the bar, C0rtiandt A. Srrague,
stands here Indicted for the crime OF embezzle-
ment. he 10 charged with having, as the treasurer
OF the City OF Brooklyn, embezzled large sums OF
public money intrusted to his custody and care.
He was elected Treasurer OF this city IN the year
1868 for the term OF three years. AT the expra-
ton OF that term he was re-eecped to the same
sponsible and Important office Tor the term OF
three years more. The people OF this city trusted
OF Office whereby he swore to perform his duties
as Treasurer OF this city faithfully and honestly.
zen Of this great city than the trust OF City
Treasurer. BY the charter OF 1854, which
reelected 1t Is made the duty OF the City Treas
urcr to take care and custody OF all the revenues
Of the city all the moneys q the city from an
bonds, the payment Of water rents-all these are
poured into the hands OF the City Treasurer. TO
amount to- Some $780, 600 or 49, 000 900 year go
into the hands o. this officer, who and who alone IS
duty to deposit rhes pnDiic moneys On the same
day they are received by him In the various BANKS
and financial institutions OF the city appointed or
designated by the Common Council az the depOsl-
tories OF city moneys For the purpose or further
securing safety to these moneys, they not to lie
In his hands, but every day ne Is required by law
and his Oatn TO deposit this money when so re-
celved in the various banks ana financial irs.itu-
tons OF the city designated Tor that purpose. In
1870 there were a number OF banks designated tor
that purpose, and there was also the BROOKLYN
Trust Company designated as one OF the deposit
tories OF the cty's moneys. In 1870 as this indct
ment charges, this defendant, C0rtlandJ A.
Sprague. then the Treasurer OF the city, COM
menCed system OF aDstractiEg or apprOpriating
to has own use the moneys of the city received by
him from the Collector or Comptroller and the
other sources from which the pubic moneys came,
and, as we Will SHOW by the evidence produced be-
fore you,
THIS SYSTEM OF ABSTRACTION AND CONVERSION
through years 1870, 1871 and 1872 the amount
OF very large sum oil money IN the aggregate. ]
think we shan show you tnat at the time ne lett the
dlvngence OF these frauds, it was asCertaned that
the aggregate OF the deficiency then existing was
the early part OF 1870 and September, 1873 when
he resigned, the deficiency had been at times
sa ane al KS t ase err taan Tue Ge
Now, will expaIn TO you the mode in which that
fraud, as It ts alleged, was carried 0ut-success-
while our people were sleeping on their
right or sleeping over their wrongs. He was
orally day after day-lrom the TAX Collector. and
less frequently from the Comptroler-large
amounts or city money. The Tax Collector, you
know, Is collecting taxes continually. The tax col
lectlOns are larger sometimes ia the year than
other times; put the collecting goes on every day
The Tax Collector, therefore, during these years
was paying TO the City Treasurer the proceeds OF
taxes and assessments collected by him, and paid
over to the City Treasurer by his check drawn on
the bank where he deposited tue actual proceeds
OF the taxes and assessments collected oy him. He
drew his check on the bank in his own name, pay
amount which he Intended to pay over, whatever
IT might be. Sometimes 1t was So, 0OO sometimes
$50 600 and sometimes 5000 0c0 ana that check was
made payable to the order OF COrtlandt A. Sprague,
City Treasurer. 1t was delivered to the City
Treasurer, and then il was his DUTY, as we shall
show, and rs the charter requires, TO deposit the
money the same day in one OF the repositories OF
the city's funds, either in one OF the banks or In tue
Brooklyn Trust Company; In some cases, respect.
we're received to the whole amount and the checks
were appropriated and never placed to the clty's
Sprague, as we understand 1t, obtained the benefit
OF that transaction was this. While ne was City
Trust Company and the ONCE Of the city Treasurer
was Kept IN the Office OF the Brooklyn Trust Com
pany. 1t was
WHEEL WITHIN A WHEEL
and that arrangement Offered an easy mode III
committing TINS great alleged wrong. Being in
eresSed t 10 rsat COMPANY ne mad private bank
to him by the Tax Collector, instead OF being placed
to the credit OF the city In the Brooklyn Trust Com
and he drew tue money Sometimes he
would draw hts own check on the Brooklyn Trust
COMPANY ana appropriate tue money e himself nm
the check OF the Tax Collector. payable to the
order Of Cortlandt A. Sprague. City Treasurer,
which was also the office OF the City Treasurer,
and instead OF the whole check being placed TO the
generally would be- placed to the credit OF the
city, and the balance was appropriated TO the
benefit OF sprague. And II was done In this way,
as matter OF figures ana arithmetic; and we |
shall show You the deposit checks, which are the
showing the deposit made with the
Getty OF Brooklyn suppose the amount OF the
Tax Collector was $4,000, and the intention was
to deposit 100000, the amount was put down
35 900, then the words .'deduct or 'less' $4,000;
then $4,000 was put to the credit of the city, and
at the same time the check OF the Trust Company
was given TO Spraguc Tor $4,000 by way OF change.
SO that tue city got credit for $50 000 being $4,000
less than the Tax Collectors check, and SpraRue
got the check OF the Trust Company payable to his
Individual order for the balance. That was the
operation in That class OF cases. so it was, as my
suggests, matter Of change over the
counter OF the Trust Company, and
THAT ARRANGEMENT WAS FACILITATED
by the fact that the secretary OF the Trust Com
pany, Mr. Rodman. was the deputy OF Sprague, the
Jity Treasurer, aud these checks the Trust Com
3any are signed by Mills, the President, and Rod
nan, the Secretary, payable to Sprague; and IN
III cases 1t Will appear. when we produce these
checks, that these checks were Endorsed by
sprague and in many cases we Will trace these
directly INTO