The New York herald., 1879-09-06
MUST BE SWORN TO.

THE BAR ASSOCIATION ORDERED TO VERIFY
THEIR CHARGES AGAINST THE SHERIFF
UNDER OATH.
Another days wrangling between counsel in the
Sheriff Reilly investigation had yesterday.
The days fight commenced before Commissioners
Curtis in the General Term Supreme Court at eleven
O'Clock. Mr. Bush. bohaf of the Bar Associa-
ton. said that counsel had caused to be served on
the defendant list of six cases in which his side
quired the accounts Of sales, books, papers and
memoranda. He had caused the day and date OF
those cases. well as the parties concerned,
to be given. and he now called for those papers.
Mr.. Larocque said -"Well, don't anticipate things
too much" To the Commissioner:-"The gentle
man seems in great haste to make this call. His
side have filed certain charges aud want bill Of
particulars to be furnished. in conformity with
universal rule which requires that it should be ver
fed. The complainants should be required to verify
upon oath the list which has just been handed in;
otherwise only losing time"
Mr.. Bush said that proceedings had arrived where
he supposed they would arrive The prosecution
had hoped to produce the entire Of accounts
in the Shcrfrs office, from which the truth of the
charges could bo proved. The Sheriff had been
called upon to produce the books and papers.
Mr.. Larocquo, imposingly-And produced
them.
Commissioner Curtis said that If the complain
ants had incorporated with the list made out any
paper looking toward its incorporation in subse-
quent motion to bring in the books he could not
allow 1t.
Mr.. Bush continued to argue that his side had
furnished the defence with the bill of particulars
asked for, and he now called upon them to produce
the bills of sales connected with those cases. He
wanted to have those public records produced.
Commissioner Curtis said:-"1hey are not public
records any more than are the papers in your Office
think there should be some verifcation of this list
of cases, as being those upon which the complain
ants rely prove their charges This list IL to
be treated as II IT were part OF the supplementary
charge.
Counsel on both sides repeated their former srguS-
ments. when Commissioner Curtis said to Mr.. Bush,
with regard to Ills manner OF are
Mr.. ush-Then l will ask Your Honor to mako an
order to produce those books (the relating to
the list Of cases, which he had handed in).
Mr. Larocque addressing the Commissioned
Then will reply that until the order requiring .
verified bill of particulars be complied with they
not in position to make this motion
Mr.. Bush-Then you are making mistake No
such strict rule as that has been observed In the
Commissioner Curtis held the opinion that II there
such papers. In the character OF memorands or
other data a. those referred to in the six cases sub
mitted. that they not to be regarded public
records. saving that If any other citizen besides the
Sheriff and his officers had access to them that
was another matter. He said ;"On the grounds
OF their being private memoranda decline to make
an order for their production WIN say, in addi-
ton, that II the nature OF this were such ~
counsel for the prosecution says. or that this in-
quiry was not conducted in . court Of law, would
decline to have anything to do with it, The spirit
of the proceedings and mode of investigation
all along to be conducted as II the matter we're
legal one in . court of law"
Mr.. Bush pointed out the evidence given by Mr..
Cummings, the Under Sheriff. showing that bills and
accounts of sales we're in all cases furnished and
kept in the Sheriff 3 Office
Mr. Larocque-we concede all that. but they arc
not in a public Office. they were they could bs
Mr. Bush-Yes, you want us to get out manda.
mus. to have to go to Albany on IL and be delayed
while the Sherih's term expires. but Wen nix II
Here tho passage at arms between counsel degen-
Grated into cross fire of personal sllusons.
Mr. Bush-Your Honor has already received the
six cases handed in.
COMMISSIONERS CURTIS MAKES coRnEcrIos.
Commissioner Curtis--No. SRI No, sirl
Mr. Bush lreferring to the rulings)-That 10 just
where Your Honor is in error again-allow me to
Commissioner Curtis-I direct you TO comply with
the order to verify
Mr. Bush-The list shall be verified by the gentle.
men who made 1t.
Mr.. Larocquc-No. sir, that won't do. We think
this list might have been made out of some waste
complainaits-- -Messrs. Lord or bush.
Mr.. Bush-Youll hnd 1t q very vouminous waste
basket
Mr.. Larocquc (risng. with slip of paper in his
hand)-I've just sketchcd here -
Mr.. Bush tnterrupting)-I suppose Yonr Honor IL
your mouth.
Commissioner Curtis-wait moment. till hear
the stenographer's notes.
Mr.. Larocque handed in the slip containing his sug-
gestions as 70 what would be required by tue order
tor verhcaton.
Mr.. Bush--A very cleverly drawn verihcation,
but we don't want to put neck in halter.
Commissioner Curtis-rhe complsinants will
have to verify the that have been sent In
being those upon which, according to their Informs
ton and belief thoy rely to that the sheriff
made the illegal charges referred to IN the supple
mentary charges.
This ruling accepted by counsel on both sides,
and. by consent the investigation adjourned til
next Monday. the 9Th inst.