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

the grand larceny was committed he insisted tnat
which the grand laiceny counts could be sustained.
Mr. van Colt replied that the evidence would be
precisely the same whether it were ior embezze-
menu OF larceny. me prosecution wound put In
the evidence, establish the facts ana leave 1t to
the court TO say to the jury whether tue offence
not think 1t the duty OF the Court at that time to
interfere In the matter.
Of the Court to direct the counsel Tor the prosecu
ron 10 make their selection OF Inc charge upon
had held that when two or more offences were
charged the prosecution could be compelled to
designate the count on which they intended to
Judge Moore remarked that he preferred TO wait
untn the evidence was In before passing upon the
character OF the offence, and therefore would not
compel the prosecution now to elect their charge.
Tne District Attorney read the oaths OF oflice
taken Dy tne defendant IN 1868 and 1871, and the
defence conceded that Mr.. Sprague had been
elected and acted as City Treasurer. The letter
OF the defendant to the Mayor and Common
Council requesting an examination OF his books
when ne resigned was also read.
TESTIMONY or MIR. WARREN.
MT. william +. Warren, the accountant who in
vestigated Mr.. Sprague's accounts as City Treas
urer, was then sworn for the people and gave the
tumn he said that he sought to ascertain the
amount received Dy Mr.. sprague from his prede-
cessor, then sought to ascertain the amounts re.
ceived by him from day to day; found this from
books called fund accounts; these contain IN TWO
each days receipts and on what account received;
having got this aggregate, sought to ascertain
counts in aggregate at banks designated Tor de-
post, and thus brought down the result to the 10Th
OF september, 1873 when his successor was quail.
e What was the state OF mis- account on that days
Objected to.
q. What was the aggregate OF his recetptss
Mr.. Barnard said he might state any entry that
Is In any book or paper, nut would not allow wit
ness to state his conclusions.
Mr. herman said the general statement OF an
account could not be lnstanced against prisoner.
There must be some specific indictment wherein or
when ne TOOK money. The particular sums which
it is charged he took must be proved-not gem
eral balance against him. 1t would be detrimeu al
to any prisoner to be made responsible, and he
could not be convicted on general deficit.
Mr.. Holman claimed he had the right to show
the state Of the account at any time or during any
period OF his term.
ness accounts might be read instead OF the books
In evidence. He agreed that general deficit
proof that ut the end there was a deficit IN
Mr. Sprague's account to cover most OF the counts
ing deficit Of $50 900 showed that there was no
error IN time of deposit merely, the deficit show
ing tnat the treasurer had not only JAILED TO de-
post on the same DAY provided by law, but had not
The Court excluded the questions and the witness
gate amount recelpted for by Mr.. Spragne on Octo-
Der 10, 1870. was $l3,s12 81. From the Water
Board, $ll,sos 81 from MIR: Badeau, Tax Collector,
$50 75; these two amounts were credited TO the
general iund; another item OF assessments re-
Dost that day Was s. IN the Trust
Company and no deposit in any other bank. Tue
difference between the amount received and the
amount deposited is $4995. On the 14tn Of Oct0-
Der, 1870, the City treasurer received $40. 72o &c.
On october Id. he received $25 964 %. The ag
gregate Tor both days, $36,691 81 The receipts
on The 14th were from Comptroller, for sale OF
bridge bonds, 100000; also on account Of sale OF
iector lassessments), $2.5os; from Comptroller
(bridge bonds. 100000 The amount OF these items
lS2lO,27o 10y credited to general fund.
On the 14th, to the credit Of special und, from
Badeau (assesslnents), $44S Sc.
On the 10Th, to the credit Of the general fund.-
rom Badeau lassessmentsl. $40 SO; from Comp
troier assessment fund.-, $4,000. Aggregate TO
credit Of general fund on The 10Th. saS.o4o 81.
po Credited to SPECIAL fund on the same day from
me Boz aggregate deposits on the l4tn were
made that day In any other bank.
the aggregate deposits on the 18th, $125,964 95.
deposited In two banks-Nasaau, $35, 964 S5, and
! Brooklyn Trust Company, 100000.
The aggregate deposits ON the 14th and 18th to
| the credit OF the city was 1924, 1911 81.
| The dinerence between the aggregate receipts
/ and deposits on those two days Is 81. 500.
On November II, 1870, the aggregate receipts
From Comptroller bridge bonds), $50 70; from
Badcau, $67 Sc; making ss,i37 50 to the credit Of
on the same day for special fund from Badeau,
! 1923 w. Deposited that day 1851 4S In the Trust
COMPANY. There was no other deposit that day
on January 10, 1871, the aggregate receipts were
$1o,sc0 "a OF that sum $4,000 80 were received
from water revenue; from Badeau, $40 10. Total
/ to credit oil general iund. $6,27l 65.
on same day received rom Mr.. Badesu assess
! ments), $4,528 80 lor special iund
COMPANY: short, $4,000.
On the 18th OF February, 1871, the aggregate re-
ceipts were S2,5Sl 81, and the total amount cred
tied to the general iund, $241 10.
On the same day, received from Badeau Especial
nnd), $3.50 70. The only deposit made that day
was SS4 81 in the Trust Company. Short 81, 497 So
1 the resea,s were
for general fund 1854 70; Mr. Badeau also paid In
on account OF assessments Especial lund) $500 is.
I'm 40 do harA nnlu ar AEo
in the Trust Company Short 1851 81 '-'''- ~
April s, 1871, the total received was $40, 3o5 40.
troller assessment fund ponds,, sl9,5s6 A. Total
to credit OF general fund, $2l, 1874 ~ On the same
on sas Sas wers ss u ues
$7.739 ~ were deposited in Nassau Bank and
$is,S6e a In Brooklyn Trust Company. short,
october 81, 1871, the aggregate receipts were
$5I9,s30 50.
From Jesse Johnson, Corporation Attorney, for
fines, $40; Comptroller, sewerage bonds, 1922 900;
Badeau, for arrears Tor 1870 SIS, 756 81; also from
District Court, $40 S. McCatirey, Fourth Districs
Court $3s 90. Total, s31o,992 81; to credit OF
general fund; % me S same day, from Badeau as
Short, $14,657 81.
> November 8, is7I-Eecelpts, sa,lss "a. From
$aO75 So. Deposited, none. Short SJ,l3s "a
december ., 1s7l-Kecepts, s2,30i SO. From
1920 "a. deposited, brooklyn Trust Company,
$361 36 Short, 5000
June l. lS72--kecelpts, $242Ss IS. From Comp
trocr, sale OF sewerage bonds. &C., 1904 So;
Badeau, $3.50; from do. sl4'Il 49, from Judge Nc
Cafrey First District Court s1Ol "A; from Judge
Daley, sixth District court, SIS 81. Total cred
deau, SPECIAL fund, 500, 800 So. Total, s22 2s7 10.
Deposited in Nassau National Bank, $12,l9i 50.
Short, $l0,092 81
June q, is72-Receipts, s7I,ses Is; from water
revenue, $2v,6ei 81; from Badeau, $50 IS; cred
tied to general iund. $297l2 SO; Collector Badeau
special fund, $42, 256 SO. Total as above. De-
posted IN Nassau National Bank, $65, 1886 10.
Short, $4,000.
AT this stage OF the proceedings the Court adj
journcd until ten O'Clock this morning