The New York herald., 1875-10-23
MR.. PHELPS EXPLAINS.

WHY THE COURT HOUSE COMMISSIONERS WE'RE
NOT PRosEcUTED-coMAN, NORTON AND
WALSH WANTED AS WITNESSES -conRrspox-
DENcE on THE SUBJECT.
Tammany's supporters have been making much ado OF
a'e over what they call the criminal neglect of District
ATTORNEY Phelps to prosecute ex Court House Commits
sioners Norton Walsh and Conan for compcity in the
ring rooberes Being questioned in regard To the mat
ter yesterday Mr.. Phelps made the following state
| mont
did not prosecute these for the simple reason
that was requested by the Corporation Counse
based his request upon statements made to linn ~ h
special counsel for the people in the suit ayans the
Tenth National Ban-not to prosecute thcse mon IN
they had opportunity make use Of them In testify
ing in the civil cases.
In proof Of this statement, Mr.. Phelps exhibited
some letters, of which the following are copies:-
Law DEPARTMENT,
OFFICE or COUNSEL TO CORPORATION
NEW YORK, Oct. 8 1874 =
The Hon. BENJAMIN X PHELrs District Attorney
DEAR sIR-In the litigation between tho county OF
New York and the Tenth National Bank which involves
nearly sl00 o00 the evidence Mr. Thomas Conan is
essential on behalf OF the county. II is desirable,
therefore, that measures be taken TO have Mr. Conan
at hand whenever he may be required and 10 obviao
the necessity OF his leaving the country would suggest
as Mr. Conan may be able TO make.
am, sir, very respectfully yours,
f.. DELAFiELD SMITH
MIKE SoRToN's CASE.
NOVEMBER o. 1874
Hon T. DELAFrELD SMITH, Counsel to the Corpora
DEAR SIR in receipt OF your letter OF the Both
ofoctober, relative to the case Of Michael Norton
understand from you that Norton has given testi-
mony of value to the people in litigation pending
between the city and county of New York aud the
Tenth National Bank that he in possession of further
testimony Of great value to the people, which he is
willing and disposed to place their service that,
however he or his friends entertain apprehension
api IN fanr flul ht4f
mony has been obtained he may then be brought to
trial for the offences with which he stands charged by
Indictment; and you therefore desire from some
expression ofmy views upon that subject
learn, both from your statement and from convcr.
sattons with the Comptroller with Mr. Tantor the
Comptrotiers office, who was cognizant of the facts
and from Mr.. Strahan, whom understand TO DO
cated with yourself in the ltigations with the Tenth
National Bank that II understood before Mr. Nor
ton gave his testimony that result of his placing
his knowledge Of the doings of the former Court House
Commission of which lie was a member at the service
OF the people, the prosecutions against him would
be pressed SEQ no objection to saying that, under
the circumstances. II Mr. Norton carries out in good
faith his part of the understanding there would be
equally good faith observed the part of the people
toward him.
have the honor to be- very respectfully, your obe-
dent servant
BENJAMIN K. PHELPS, District Attorney
FEBRuARY J. 1875
Hon. f. DEIAFIELp SMITH Counsel TO the Corporation =
DEAR SIR-On the 9th OF October last you sent me a
request that should make such arrangements as to the
bail OF Thomas Conan would enable you to have him
attend, in you should require his evidence
tain tgaons pending between the county and the
Tenth National Bank now desire to inquire whether
the interests of the county in that litigation will be in
anywse mperllcd il should bring tins person to trial
upon the indictments pending against him. do |
sire dispose of the unless there be public inter-
ests which render IL desirable that it should still
longer delayed An early answer viii very much obge.
BENJAMIN k PHELPS, District Attorney
RESErrr COURT HOUSE COMMISSIONERS |
2l7 BROADWAY, NEW YORK;
March 10, 1875
Hon. f. DELAFIELD SMITH, Counsel to the CORPORA |
DEAR sTR-Judge Porter's engagements have been |
such that have been prevented from seeing and
sulung with him reference your letter the
ult, nclosing copy of communication received by |
you from Mr. Phelps District Attorney The General |
Term have passed upon questions between the CITY
substituted IN place of the county, and the Tenth
These claims as you are aware amount with in
terest to upwards OF $500 600 The General Term |
have referred in their decision to Mr. Nortons |
affidavit, and have given decisive weight to the |
statements made by him to the transactions of the
Commissioners OF the Court House with the bank The
mandamus proceedings virtually at an end and the
bank will be compelled to commence an action at law
in which they will have establish the various
of fact referred to the decisions of the General Term
see People rel Tenth National Bank of New York
Green Supreme Court Reports, page $40, decided in
January, 1875, also People rel. Tenth National
Bank Vi The Board Of ApperIonment Id page 3S2l
IL will be decided benefit to the city, If such action
Is commenced by the bank TO have the evidence Of all
the Commissioners OF the Court House. but IL is not for
Judge Porter myself TO say whether this
sderaton should stay the District Attorney from pro-
ceeding upon the indictments which have been found
aganst the Commissioners We only state our
opinion the benefit of the evidence TO which have
referred and will regret any action which may deprive
the city of securing this evidence to its full extent Re-
spectfuly, JOHN H. STRAHAN
LAW DEPARTMENT.,
OFFICE THE COUNSEL CORPORATION
NEw YORK, March IL, 1875
HoN BENJAMIN X. PHELPS, District Attorney Of the
city and county OF New York
DEAR SIR-On the 1st of February ult I acknow
edged your letter OF the date relating to Thomas
Conan formerly Commissioner for the erection of the
Court House For your information now inclose
\ copy of letter received by me from Mr.. John H.
Strahan to addressed BY me jointly TO |
that gentleman and to ex-Judge John X. Porter You
will observe, by referring to the OF tho Tenth Ma
tional Bank reported in Supreme Court Reports, vo4
unc s, pp 376 and 1872 that the Court comment upon
the Importance of the testimony used by my self and
counsel in these as procured from cx-Commis-
sioner Michael Norton.
do not of course, wish to interfere with the per-
formance of your duty, as 1t may appear to you upon
surveying the whole ground. AS element however,
IN determining upon your course send you the letter
OF Mr. Strahan above mentioned together with ref |
0rcnccs TO the given above.
IL is undoubtedly important to the city, with regard
to these cases that the persons mentioned should .be
accessible, that their testimony be obtained in
the further progress OF the ltlgntions In my hands
Very respectfully and truly yours,
L. DELAFIELD SMITH