New-York tribune., 1879-09-04
fore the Court Of Oyer and Terminer next month,
Judge Gilbert presiding.
INVESTIGATING THE sHERIrrs OFFICE.

INVESTIGATING THE SHERITFS OFFICE.
THE PROSECUTION REQUIRED TO FURNISH sPh0iff
CATIONS OF OVER CHARGES.
The investigation into the charges preferred by
the Bar Association, of this city, against Sherin
Reilly, was resumed yesterday morning before Com
missioner George Tcknor Curtis In the Supreme
Courtroom.
The respondent was himself present, accompanied
by Mr.. Laroque and Mr.. Bookstaver. his counsel,
Mr. Knox and Mr.. Bush appearing for the Bar AS
sociation and in behalf of the residents who join III
the complaint.
Deputy Sheriff Cummings was recalled by Mr..
Bush TO correct certain parts OF his testimony as
shown by the record.
Under the supplemental charges preferred against
the Sheriff. Mr. Bush called upon that officer to pro-
dnce all the accounts of sales filed in his Office be-
tween January l. 1877, and April %, 1879; also
the account of salesbOok or books in which digest
of these accounts, or the accounts themselves are
entered.
the formal complaint had taken upon themselves
the responsibility of charging public officer WITH
was trustworthy. To do this they must have had
in mud certain specific cases which would fufnlsh
the justification for such course. lie therefore
claimed that before any proof was offered the re-
spondent should be furnished with specifications oi
the cases on which the other side relied, ana npon
which il was proposed TO offer evidence. lhere was
III,
that might be Indicated as containing PROOF Oh
speciic allegation. but he cOntendcd that the re-
spondent should not he required TO bring 10rwafu
all his books and submit them 10 counsel, so that
they might 90 through them and select at their
pleasure such items as would substantlate thelr
charges. A.
counts of sales examined, and II was iound 10
he the almost inVarable rule that certain fees ad
been exacted without authority of law. Ii seemed
TO him proper, therefore, that they should SHOW
that these improper charges were the custom oil me
office hence the call upon tine sheriff to produce ms
records. 81,
After long argument, Mr.. Laroque asked that
the con- claimants he required TO furnish bill OF
particulars specifying the instances in which they
expect 10 show that excessive charges were de-
manded or collected 10y the Sheriff. ~
The Commissioner said that he would like 10
know why counsel did not furnish the names OF
cases specifically. IN winch the alleged regularl-
ties occurred. Mr.. Knox, III reply, SAID that wheli
IL was Claimed that the Sheriff habiiualIy allowed
excessive aud illegal charges To be made ne dld not
think that they should be called upon to specify,
as an inspection of the books would prove conciu-
sively the allegation.
/ The Commissioner. in deciding the question, said
al h. charge rs il stands is general charge and
can be tried only by making IL specific through the
offer of evidence which has tendency 10 establish
the truth OF the charge, or by specification of the
plainants To the query why they do not specify is
not satisfactory 1t seems to me TO be the very
essence of Justice that hen party Is called upon
to answer q general charge OF this description ne
should be furnished with the evidence. and shall
hold that under these supplemental charges cvl-
dence cannot be received to prove SPECIFIC stances
unless the instances are stared" .
Mr.. Bush then announced that he would furnlsh
a list of the specific cases on Friday morning, 10
which day the Investigation was adjourned.