The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-03-21
LAWYER WTLKEs's MONEY.
Forfeited Hail, and OF what he Accused Dis
trict Attorney Phelps.

The petition OF George II. Wilkes, law
yer OF 5ii Pine street. asking Gov. Robinson to
inquire into the official conduct of District At
torney Benjamin X. Phelps. was sent on March
H. II represents that. in accordance with Sec
tions 81. 80, and SO. page 4S6. of ID Revised
Statutes. the District Attorney is directed to
make returns OF all rccognizances to the County
Court. at tho January term in each year. and
that he has failed to do so that by section 80 OF
the same statute. he Is directed to pay over all
moneys to the County Treasurer. Specifically.
tho charges are that on Aug. II, 1876 the petit
tioner deposited with District Attorney Phelps
$500 as bail for Samuel Hoskn (who had been
accused OF completely In selling forged bond).
The bail was forfeited Nov. 10. 1878. by order
OF the Court of General Sessions. Next it is
represented to the Governor that the $500 so
forfeited has not been paid over by tho
District Attorney us directed by law rs tho
petitioner declares is shown by accompanying
certificates. Finally the petitioner AYERS that
he Is informed and verify believes that other
large sums OF money have at sundry times been
deposited with tho District Attorney by various
persons. and that the same have been forfeited
or remain in his hands none OF which sums
has been paid over to said County Treasurer
M required by law. Such neglect to comply
with tho laws II is avcrrcd. constitutes mall
ltuNhuNt III Olllcts anu warrants MS fOuONal
therefrom.
Mr.. Wilkes explains that In Now York city
and county the Court OF Common Pleas takos
tho place of county court in other counties
He therefore applied to Nathaniel Jarvis Jr.
Clerk OF the Court Of Common Pleas who gave
him certificate that there had been no returns
ot rccognizanccs made by District Attorney
Phelps 10 the court Tor ak yOnrs.
The City Chamberlain. VINO acts rs County
treasurer in New York, referred Mr.. Wilkes to
Comptroller Kelly as the person who kept the
The, Comptroller certified that certain sums
had been paid in 70 the Chamberlain in 1876
and In January. 1873 by the District Attorney,
hut he gave no account of what they were for
| Those two certificates were sent to the Gov
ernor with the petition.
District Attorney Phelps. who has been In Al
| hany on other business for few days. denied
to the Governor the truth of the charges and
SAID they had undoubtedly been prefarred out
OF malice nnd spite. Tho Governor has not set
a day for an investigation.
MIR wilkes says 1t does not concern any ono
| 70 know why he preferred them, His idea Is
| that there is much remissncss IN the District
Attorneys once, IN the keeping Of accounts.
and ne thinks that for that reason there is no
way 10y whic a citizen can find out exactly what
becomes ol money received nj that Office In lieu
of bail. and subsequently forfeited to the people
10y tho appearance Of prisoners AT the
proper timo Tor trial. He has heard that
grral lenl ol money received by the District
secret service fund for the payment Of un-
specified services OF detectives. and thinks that
|
laNity IN the accounts between tho District At
tornry and the Sheriff who. he says. is called
upon TO n't ia some way in connection with for
itlted bal money. One oi his reasons for sus-
pecting thnt an investigation will not be fruit
less OF good results IL an impression. which he
says he finds prevailing with many persons
that the District Attorneys oflice Is very yalua-
bic 70 the political party which may happen to
control it,
On inquiry at that Office tho writer was in
formed that Mr. Wilkes had based his charges
on legal error. being apparently In Ignorance
I "A NO hp a IL.
position Of forfeited recognizAnces for this city
and county. which supersedes the law he refers
Thus. the writer was told. il Mr.. Wilkes had
gone TO the ofice q the County Clerk. instead
OF TO the Clerk Of the Court OF Common Pleas.
he would have found proper record OF the
money he was inquiring about. II was further
explained that when deposit OF money IN the
oi ihe iorfe,ure was ser sent to- To tke GourtS CierR.
the District Attorney was bound TO pay II over
TO the CITY Chamberlain: but first in accord
ancr with law. ho must obtain legal tito TO 1t
| through the Sheriff This was done through
the issue OF an execution TO the Sheriff. The
Shcrf made II levy on the property (moncyl
| District Attorneys onicc. Ho took the
money which nj tho time was merely on
| deposit in the oflice, and. af,or taking ont his
fees. returned It 10 tho District Attorney as 10
be legally deposited with the Chamberlain.
$, YOU are looking after that $500. are
VOW cd sd GGder sATWEn CpmbinG baSc who ,r was
Deputy Sheriff Davis made the levy. and re-
turned The money 70 this office where i nov
only awaits q check from the District Attorney "
Deputy Sheriff Davis said that soon after The
money was forfeited he had gone over e ;nc
| District Attorneys Office got the m,noy and
had delivered It tothe Uhdor .Sbr rim. Although
the, legal period Of sixty DAYS had elapsed.
WITHIN whlch rem. u should be made after u
levy. yet. Tvs h",wecn two rcsponsible officers.
thnt was not deemed an important matter.
:, WAS said at the Office Of the Clerk OF the
/ Common Council that no annual reports Of the
| District Attorney had been received there for
| several years at least.