The New York herald., 1879-02-07
THE COURTS.
0verhauling the Certificates of an Elec-
ton Deputy Marshal.
SHREWD BUT UNSUCCESSFUL DODGE.
Another Public Exposition of the Prover-
bial Closet Skeleton.

Robert Utley. chief election deputy marshal in
the Eleventh Assembly district charged with issuing
false certificate. by which one Bernard Rhom AZ
an election deputy marshal obtained money for SER
vices not performed. brought before United
States Commissioner Osborn yesterday afternoon for
further examination. The Commissioner seeing
Judge Dttenhoefer present, and knowing that he is
defending. counsel the marshals of Barney Bign
in the Eighteenth district. who are prose-
cuted at the instance Of George Bliss for
the same offence for which Utley is being
prosecuted by Barney Bgln. smilingy asked General
Foster whether Judge Dttenhoefer appeared also as
counsel with him. General Foster replied that he
hoped he would. To which Judge Dittenhoefer
responded that he very glad to General Fos-
ter and Mr.. Biglin reinforce him in the position
taken by him in the prosecution instituted by Mr..
Bliss. At the opening of the proceedings Assistant
District Attorney Butler who appeared for the prose-
cution asked to amend the complaint and insert the
name of Thomas H. O'Neil another who had OBJ
tanned fraudulent certificate from Utley. which
request granted.
John K. Kennedy, chief deputy in the United States
Marshal's Office, gave the same testimony at the
examination of Cosgrove identifying the reports ver
fed by Uey Of the attendance of the deputies under
him. He further testified that the reports were not
made under statute but under instructions from
the Office.
James h. Fleury, inspector IN the puDNc stOreSs
testified that he knew Thomas A. ONeil he said he
could not positively the attendance of any
man on particular day, the book kept by him in this
connection being made from the reports of others
the name of O'Neil appeared on this book on the
Sh 10th and 25th Of October. but he thought he
excused ON the 26th.
General b. B. Foster, who appeared for the de-
fendant, when Thomas H. O'Neil called eau
toned the witness that the charge implied that he
had drawn money for services not performed and
that he must be careful i'll answering questions
not to implcate himself. The witness said that he
resided at No. 452 Sixth avenue. and watchman
was on the Stn of October, whether ut the public
stores not. but positive that he did duty on
that day as deputy marshal. going from poll to poll
to see that the deputy marshas were all there he
could not say how long he in the district that
day, and his memory was little better i'll regard to
other registration days. Upon cross-examinaton he
said he positive that he on duty, more
less. every registration day.
District Attorney Butler said they had
witnesses, and General Foster asked what disposition
was to be made of the Rhom matter Mr. Butler
piled that the government abandoned the prose-
cution in this direction, and new complaint
then drawn. charging only false certificate to
O'Neil.
General Foster asked Commissioner Osborn to
direct the District Attorney to put the complainant
Carson the stand. He wanted to know. he said,
upon what ground he made his charges. He claimed
that the affidavit was deposition. and that he had
perfect right to make q cross-examination.
Commissioner Osborn said that he did not think he
He said he would not pass upon the question until
the District Attorney closed his case.
The examination was then continued until to-mor-
afternoon at O'Clock.