New-York tribune., 1874-07-08

THE CASE OF THE EX-DEPUTY COLLECTOR OF TAXEs
AND ASSESSMENTS OF BRooKLYN-CLOSE OF THE
PROSECUTION
The trial of Capt. AdolphUs w III. Gill, formerly
Assistant Collector OF Taxes and Assessments OF BrO0K
lyn and lattery Deputy Collector of the same Depart
ment, was begun yesterday In the Extraordinary Term
OF the Of oyer and Termner held in the Supreme
Courtroom OF Brooklyn, where he was called
to answer the charge OF embezzng sl92 Co.
received for taxes on Sept IL, lo1L Aiter
some time had been occupied In securing
Jury. the testimony OF Philip Seaman the expert COL
lect0r Burrows and three other witnesses were TAKEN
and the prosecution closed. The coun-
sci for the defense then moved an acquta on certain
points OF law and pending the argument on this motion
the Court adjourned until this morning
Judge Charles Daniels presided, and by his slde sat
Justices Johnson and voorhees,. After the usual pre-
lmnarics the Of the jurors were called, ana "a
answered. Distrct-Attorney WlnslOw then announced
Lis intention Of calling the Of Gill; and afterward
that OF Badeau. Chauncey shair.r, the counsel for
Bldeau offered n physicians certificate that
his client was unable account OF sick
ness to appear in court Judge Daniels
took the certificate and placed in on file. The case OF
Glll was then called, and Gen B. +. Tracy responded
that he ready for trial. jury having Deeh sworn
In Judge Van Cott opened the ease Oh the part OF the
prosecution. He said that the defendant, Gill, was
indicted for embczZlement which under the statutc
by him as Deputy Collector in 1872 Tlc case presented
was one OF series. The charge was that on sept 49,
1872 Gill received Sl92 6j in lawful money from Mrs NJ
f. Blchia as taxes for October 17l and emDezzed the
same. The Counsel then explained the routine pan o.
receiving money in the Collectors Office, and the entries
which should have been made in the proper DOCKS Inc
receipt for Mrs. Bacbias taxes was signed a. W. H.
GILL;" and duly stamped but no entry appears on any
book of the money having been received The prosecu
into cd IN gho ovf
not the only instance of the KIND. After some further
remarks, which excited objection from Gen. Tracy, the
prosecution called the first witness.
Dennis Mcnamara, the Deputy Clerk OF the City OF
Brooklyn, testified by the records that A. W. H. Gil
took the oath OF Office Depu;y-Collec'or on July l.
1872 After objection, this testimony was admitted
In evidence.
The tax roll OF the Thirteenth Ward for 1871 the cash
tcker OF September 1872 the cash book Arrears o. vol
l. showing date OF September, 1872 and ucker balances
for that month then produced ana offered IN eV
dence. The bill against MIS- Bachia for Sls2 Co. the
stamp a xed thereto, &C., were also put III eVdehcc
Philip Seaman an expert then testified: have exam
ned the entries the Cash Tickler Sept 49, 1872 ana
the cash arrears OF the date. but found no
entry OF s92 65 received from Mrs Bacha The books
kept in the Collectors Office were the current taxes
cash arrears assessment, redemption and city redemp
tion The first entry should be made in the cash TICK
er the second in the cash arrears In the book called
ticker balances" there is entry of the lem Sl9265
under date Sept R and the book agrees with the cash
tirtirr Imade a thorough examination at the City
Treasury, and found that the amount was part OF e
deficiency in that that year. There Is no trace OF
The MONEY having been paid the credit Of the city
After the cr0ssexaminGtlOn Oithe witness was
begun, but no important testimony was developed.
Ipmue Burrows Collector OF Taxes aud Assessments.
testified: Capt. GILL; according 10 the regular routine OF
the Office received the taxes OBJECTED To- by MI iIaeH
number OF books kept in the Office AT which the
payment OF takes made; payment tOI arrears Oh
taxes would be entered in the cash ticker ana te aear
book (hc books mere idenutcd); the handWrtl1S
on pages CO and 20 OF the cash ticker | cahnott
recognize that of Capt: Gii an moneys Te%SeiEeu %
in office supposed to be entered IN 'he Doors
The stamp on the bill presented lArs baenla - VA Si @ rro
in general use IN the once; lne s'aP M u"o NJ
faces expressing tha the bll WAS pt!u ~ eneSh
aud the other IN money Inc stamp on tno iecGt d iu %
Gates that It was paid In money IL tne onor p Va" S
not entered IN the cash ticke there was no etoTu ~
which TO stamp on tue account rs pa.u hlu ty Souu @
he stamped On sept TO- lo2 he looous tb
SIS 3l received ON that day aud biaHces Wh the
small tcker II there had been any surplus OF money
paid day no such surplus was ever pad over U
. -, NJ, r.o.o mana ~ o,,o,orE.
IN the office when took office There We're three depart
ments for the collection OF taxes and each department
had its head From July to October 1872 there were nve
or six persons employed III the cash-rOon "hen any
money was paid some OF ii would be laid In tray before
th counter often called into other parts OF the
department besides the cashroom to attend to business
which could not attended to by auy one else. Wne
so absent from the cash roo taxpayers would nave 70
wait. have received money from taxpayers during
his absence While he absent, the uay containing
the notes so lee on the counter ana the
larger notes in the drawer within reach oi any OF tne
GITs duty to stamp tax bills as paid. When a
tax bill was recepted by Capt Gill; passed 10 the
other clerks and was after beng stamped, handed TO
the taX.payer through another window. Once III a
while there would be discrepancies IN the cash account
but the ticker generally detected them.
By MT. Van Cott-I have no knowledge OF any money
having been taken from the drawer or tll; nor nave
missed any money; have found discrepancies between
the and the cash. ON Que occasion or ABOUT SOO
the money was short that amount. and has yet
been accounted for; that was While Capt Gil was IN
the office. . . -. A., ~, ~ o..
ed I ne
paid the money III bank bills; il was dte "hcn she got
to the office. which closed some person came TO the
door took money and BILL aud IN minute returned
with receptcd bill she could not identify the per
son who took the money.
Matthew Flanagan, for over six years clerk In the tax
office was called and identified the writing in the
cash ticker being partly his aud partly Mr. Browns
To Mr. Tracy-Ou sept. IS | did not Lake all the en-
tries in the book, being absent part OF tne time capt
Gill was often absent from the money III ana drawer
called away by business; strangers often visited the
cashroOm It possible for persons TO take money
out the till drawer without Delns detected Du not
prObable others nau access 10 INC money
besides Capt. Gill o. ,,- 49,, ,
for AN acqutta the grounds that the charge had not
been proved points OF law, nrst that the specinc
tax had been stated as local Improvements III tIc
Indictment and proved TO be general tax tnat the
money said 10 have been emDoZLed 10 charged
as belonging the City or Brooklyn, when 1t rlghtuy
belonged 10 the County of Kings, the city tax account
having been closed on Dec. 6, lo1l, and PAID
over 6y the Collectors and third that Capt Gil had been
indicted as Assistant Collector, an Oice abolished Dy
the new charter which document made no provision for
the punishment OF the defaultlng holders or abolished
offices after charter had into effect. the
saving clause not providing for such punishment
This led TO long argument by Judge Van Cotl
who that tue Deputy Collector was me same as
tne Assistant Collector, exercising the same functions
with merely changed name. During tue discussion the
Court adjourned until this morning.
CIVIL NOTES.