The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-05-12
THE COURTS.
Ex-Sheriff Brennan's Suit Against
the City for Fees as Sheriff.
Charge of Fraud and Counter
Claim for Overcharges.
Tenure of Office Of District
Court Clerks.
Execution Against Tweed Upon the Judgment
in the Six Million Dollar Suit.

suit the result OF which WILL doubtless, be watched
with no little interest; commenced yesterday,
before Judge Van Hoesen, in The Court OF Common
Pleas. The suit one brought by Sheriff Brennan
TO portion OF his fees as sheriff during
part OF the year 1872 The complaint states that
iurng the months OF January, February. March,
April, May, june july August and September OF the
fear 1872 Mr. Brennan Sheriff Of the county OF
New York, and that his advances and fees during the
months named amounted IN the aggregate to the sum
OF $50 SOS 6S; that his bal Tor this amount duly
audited and allowed by the Board OF Supervisors and
that payment was refused by the Comptroller He
sum stated, with interest
The denies that the plaintiff performed all
the forth in the complaint. and alleges
that his bills were false; 1t further states that the
plaintiff in his report to the Secretary Of state
for the nine months In question reports 20, 20l
convictions, but now falsely claims to have re-
ported % 974 convictions, upon which he seeks to re-
cover n percentage OF nifty cents each conviction.
There Is a further allegation that his report an bill
claiming twelve and hall cents each 20, $50 police
court convictions was wholly uniounded, for the rca
son That he never made any such report The bill Tor
conveying IL ISL prisoners, at 81 10 head, to other
prisons than State Prison and amounting $751; GAL IL
is alleged 10 be false because he really conveyed only
100 prisoners HIS police court also de-
;larcd to be false He charges Tor conveyance Of 500
police court prisoners to prisons other than State
Prison. and the answer says he never performed such
service ut all For the overchargc the city sets up
counter claim for $40 sos Is overcharges 1871 The
complaint further SPECIFICS that for the quarter ending
March 81, 1871, he filed S94l convictions at police
courts which we're not reported and that Tor the quar-
ter ending June 30 he claimed Tor 9104 police court
convictions, which he did not report, and Mr..
Brennan puts IN reply to the counter claim denying
eacn and all OF the allegations in the counter claim.
strong point for the dc cnce tia; the Sheriff cnum
Grated IN his totals removals to Drisor for winch the
law does not provide HIM any clnp1nsaton, MS they
are MADE by the police
The hrst witness called was Mr. Sparks Clerk OF the
courts OF Oyer and Tcrmner AID General Sessions,
WHO produced record OF convictions in Oyer and Ter
miner ana General sessions.
MIR. Strahan objected 10 the evidence the ground
that under the statute the judgment Of the Supervisors
was final and conciusive; that they were a judicial
boy and that no Court had the power go into SIDE
issues TO whether they had the proper hgnes before
them when auditing
Judge Van Hoesen overrulcd the objection, holding
that the city was not TO be preudced by Of
authority hy the Supervisors
Mr.. Sparks testified that In 1871 the convictions in
both courts for which the sentences less than
stare Prison werePenlcntlary, 1877 males and 10 ie-
males; 10 City Prison. boys and girl; to the House
Of Refuge, 81 boys and GIRL in that year 4S5 males
and 81 females were sent 10 State Prison. 1872, 446
penitcntary. 249 males and So females and
prisoner TO the House OF Refuge; these figures did not
include convictions where sentences were suspended
Mcssrs. A. j. vanderpcol and John H. Strahan APP
pear Tor Mr. Brennan and Mr.. James {. Carter Tor
the city. Ii is probable the trial will occupy
hreou an