, 1877-10-10
Yesterdays Proceedings In the
Trial of the Indicted Conn
missfoners.
rha Cross Examination Of Kimberly
Resumed---Explanation Of For.
mer Perjury.
He Said He Never, Never Did
II by Advice Of Coun-
sci.

moon, read from his Testimony before the Grand |
Jury in May, 1870, when be dcnctl all knowl- |
edge Of crookcduess in county contracts; TINT |
tho received money, etc. Kimberly admitted |
lint what he then swore to Was untrue. He |
xas also questioned rs to the shortages on bills
aent in by rcrtolat, with q view Of catching him
sn Ills cstiuates. lie Varied In several instances
from tue amounts stated III hts direct exatnlna-
lion. When McCaErey, Carroll. aud johnson
cano out to tho 1nsane-Asylum to check OF Tho
roods they counted goods left over from the
mopthbc They did not know IT.. ! did. The
lett-ovcr goods made up tho quantity called for
IN The BILL. When he certified 10 the bills As
correct, te knew them TO be Incorrect. lie
know Michael o'i;ell, tho driver Of tho Asylum
wagon. and saw him at tile lnstitutlon In Fapru-
.ry OF March, 1876. lie did not rccollect sayng
10 him that he would get even with McCaflreY
for coming out and interfering II 1t took hrn
ijfe Init, becau.e he wa rery mad about tLo
checking. lie did not make threats a1ainst tho
Commissioners to pr. Lawlcss, that hc could
reslest Pa frn no. r. Enow Gp "aeer
Lost some OF his power through McCallIes's
sgcncy. Know A. q. Ftahcr. Do not recollect
telling hlm I would get even with McCaiIrcy
a. of Lonerssn % talkinE to hlm about ths goods hc.
iuc received. II he did, witness told him they
we're all right Tho night before he wcnt tctorc
tho urana jury to turn statc's evtaence, nc was
nue. and had no recollcctton of saving there, In
the presence Of Capt Walker, That McCa!lreJ
vss the only ono lie hal angthing specially
lcniteuttary It shouli 10 done. lio met Sweet
zer tho first time tho night he waa elected
Warden. Met him On strcct corner; Sweet.
ger came and said M hs w gaa y hs@f6s,T
ulcut arrangement was made With him when
tho first b,,l for meat Was brought, aud
an Arrangement was made hs to how
much weight should he added when every TN
oad hc would give him the true weights, and
ahrn Swectzcr ...........
Witness lid not recollcct ever having mndc out
Kedirect. Before going bcfore tho Grand
Jury had = conversation with fcrlo'at,3
Q-Was tha; S so1,Sstsaton n''isa' a. TO "nas you
1tr. storrs desired to show that II was agreed
between him and Pcriotat that he should 90
thcre all deny everything.
H-Why tiu you testify before tho Grand
Jury as you lll1' Objected to.
Mr. Smith said. 1ecausc somebody advised
him, that did not relieve him: Tllls was mat.
Ter IL crcdib!l!ty. Besides, the declarations Of
Terolat could not be used against The dcfend+
ants.
Q.--What did Pcriolat say to yout Objected
Mr. storrs sait, either the story Kimberly told
before Tho Grand Jury or that he related be-
fore tho petit Jury was false. Lie could show
That tho one told Gere wns true by corroboratlng
it-by AhowinR TINT Influences wcra brought to
Lear on thc, witness to testify as ho did before
lsc'Grand Jury; and It was for this purpose that
the evidence was offered. .-.....-
III. Smith t1cncd tlat it would be an oxcuse
for committing perjury that tho Witness en- ~
70 for . consideration. That would only add
another damnIng feature TO It.
Mir. storrs insisted that tho testimony ollcrct!
declaration Of periolnt In which their names
wUre mentioned at alt. It Wcut exclusively ait!
eolcly TO the crcdlDlity Of tho wflncss now:
Why did he tell TINT story before tho Grand
made throw
soMz LIGHT UPON THE laQumr3
Mr.. Rcc0 urged. II Kimberly, was uutscr IN.
the Grnnd Jury, IL would b. a good detsuss for
him ii ho could provc that he inado tho state.
mcnts under thu fear OF bodily harm or OF hts
1ife. The cytdrnce proposed would be propci
under such circumstances. The ouly effect ,oI
/. its Introduction hero would le to prejudice the
minds OF the Jury against tho defendants OF
trial.
tho law, II l.e ha4 IN explanation to givc IL
but he n,ust uut drag In ilnniatcral matters ant
attempt To hurt ANYBODY. Lie did not think hl
right 10 explain depended upol, tho iact as x
anything wrong in former testimony. llo wa
entitled to any explanation Which tended to re
1ieye him from thu stigma which sttached 4
h'p by Fcasot o. ts eo"ttr1ry staesmsn,s ss
Ifter receiving The BubptHna to appear bclors
the Grind Jury, came into the city md wei,
70 an nttorney's office and retained him. to''
him had been subpGnacd, d,-tliat | had nevc
been befors such boly except once. and the'
only for monent, an1 only ono or two 1lca
ttops had been asked INC. asked ais adyicc
lle told me that II WIS asked anything tl'a
answer It. Subsequently, saw another party
9siors 81 the Grand Jury" ,aia a %Yss ,"s,,:
q I you. % / am used ito to that" Il lie then to!i n
that ho didn't think It was necessary to say an,
ttdng about the shortages OF gooAs.-that tho
couldn't make ME answcr anything tha! wonl
had influences viii, me. Aad seen about thu
time Ia Newspaper that case hail 6ecn tai
a Isa 70 , Tue bHprclae Court fh which y was dc
lad always haA au Idea It waa
SORT or onk-sIpxp THAI
that DAILY Appeared before Grand Jury will
GUT counsel, lufSs or Judge, and thought II
ting that wRa guilty, and, being a mart II Ii
court, il the easc wcnt to tistal, Thought ha
right to make my defense there,
Q.-Was anything said In that eonyersatlo
about paylaents OF money! A.-Tho sau
party told lnc II was asked II auy money ha
been paid to mo by this party to ssy no. All,
the dest examination 1 employed smother I
BIr. Smith objected. /.
3ir. storrs wautetl 10 shsH tha. tho inst stat
nsnt was rettasted. ,,.,.
air. stor.s then wished to draw out VIII
Kimberly lid With the $500 be got from r.