New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1884-04-18
THE SHERIFF NOT GUILTY
ACQUITTED BY ORDER OF THE COURT.


The room In which Justice Barrett yesterday
held the Conrt of oyer and Terminer was filed
with spectators when the trial of Sheriff Davidson
was resumed. Nearly all of them seemed TO be per
sonai friends of the indicted official The United
States District-Auorney was in the room for
William j. Lyon, auditor in the Controllers office,
who testified that he audited the Sheriffs bill for
fees aud expenses connected with the running OF
the Jail for October, 1888. The amount of the
bin was $3,3il as. The bill was supported by
vouchers and the oath of the Sheriff. The items
were for board of prisoners wages of cook and
cleaners and certain furniture. Finding the items
properly verified, be passed them The oath OF
the Sheriff was the basis of his allowing the claims
Controller Grant testified that be signed the war
rant on which Mr.. Davidson got his money on the
October bill in the belief that the bill was correct
Mayor Fdson swore TO his signature on the war
rants and stated the method IN his office OF examln
ing papers and vouchers and that on the slTengLn
of the vouchers from the Sheriff he had signed the
warrants for the money. r.-,.
fee, identified the bills and vouchers OF Sherlh
Davidson during his term of Office up 10 OCTOBER
Robert McCabe testified that he had kept the
books in the Jail since September, 1883. lie went
there hrst with the Sheriff and met Mr., Bowe and
MIR. Bowe told hun to take charge OF the DOCKS.
District Attorney Oney-Did the Sheriff instruct YOU
20 obey Mr. Rowe or any other person at the Jail A
10 do in some directions.
Mr. oney showing the witness the sheis pln for 0e-
tooer, lsS3l-ls thus your wriungf Ayes III Is the
O~W6at ms rnctions did YOU have from any to
making out this Dilli Al had instructions from MI
Q'~who made out these receipts for sslaresl A
Q.~where did you take themi A.-To Herman.
Sr Choate-I object This brings in mattars not in the
indictment and OF which the defendant has had no notice
The Court-Ihe objection is sustained ,... o...n
writing out the bodyi A.-Kensn took them.
Q.When you next saw them were they slgnedf A.
o Then what aid You do with theml Al do not
know whether or Mr. Bowe brought them to the sher-
Q~What books did you kept A book Of moneys
paid out for and received from the Sheriff
I made out memorandum and the sheriff gave me
check paid out this money at The jail. gave money
Herman pay those ! did not know.
Q-~here is that boOkl Al do not know.
The book was productivity the Sheriff counsel but
they would not allow the prosecution TO use until
after they had. An effort was made to find out the
detailed payments of the 81 sos given TO the wit
ness by the Sheriff for October's expenses at the
jail, bat it failed He said he paid 81 O2O for bills
kieTnan to pay other bills with. He kept the
book for his own protection only He had
never told the Sheriff that he kept this book
nor talked with him about the salaries. ,-,.,.
Mr. 0neyMpd he give you s1C2o to PAY salaries Win
lad list OF the employees and knew what was to be paid
& {e ea 0Se's and gaye mReo tg Of that
money to the Sheriff after paying certain small Ds Win
Q-what was the salary of Mary Pratt A-Kiernan
looked after such bills. do not know.
Mary Pratt, age seventy-fve, testified that she
paid SIS for that month She had never signed a
receipt for $50, nor received $50 for her months
wages. On cToSs-eXaminatiOn she said that she
went to the Jail 10 work for $50 month and was
TO pay Sl2 for her board.
Calvin Cufe. coOred. who has been general
helper in the JAIL said that he had not been paid
SIG for services last October and had not signed
receipt for any money. He had not been III the jan
To Mr. Cochran on cross-examinaton--r authorized
Herman sgn receipts for wages in 1881 and never
revoked that authority. furnished substitute, ana
told Herman TO draw my wages in my name and pay to
the substitute while was away.
To Mr. Oney--My agreement with Nernan was re-
newed each year.
James Bowe warden of the jail, was in great de-
mand by the prosecution, and the court delayed
Che case for nearly an hour until he could be
brought but when he was at last on the stand he
was only asked one or two unmportant questions
Rnd dismissed. The prosecution then rested.
Mr.. Choate sad he had hoped the District-Attor-
ney would ask the Court to instruct the jury TO ac
quit the defendant. He thought the Court should
do so. The long and close investigation OF the
SheIiffs Office by a committee had resulted in this
one discrepancy on which indictments had been
founded. What that committee found it was in
the province OF the Legislature to correct The jury
should be convinced beyond reasonable doubt as
10 the defendants guilt before they could convict
on the second count in tie indictment. The evil
0ence had not shown anything TO connect the
Sheriff with wrong-doing. II made no difference
whether $50 actually paid TO Mary Pratt and
she paid $l2 for her board, or whether she was
paid SIS and the $l2 retained Mr.. Choate asked
the Judge TO instruct tie jury TO acqut.
MI OneyIt an extraordinary hing that cook is to
pay board.
The Judge interruptngl-she docs not pay board the
county pays for ner board 10 the Sheriff
The CORTLAND her board.
Judge Barrett then said that far the charges
about Mary Pratt's board were concerned. he
should never allow man TO be convicted on the
evidence presented. If il device TO obtain
large board the case would look different, bat SO q
week was too trivial 10 be considered a fraudulent
charge. Neither did he think there was enough evil
denCe TO sustain the charge of falsty in paying $50
to Herman. But about the money alleged 10 have
been paid 20 CUTIE there was some doubt Cutie had
only general understanding that the wages were
paid to a substitute in has absence. lie did not tes
tify TO actual knowledge OF the fact. If II were
proved that the money had bee been g. Raid to
far as Keruan and Mary Pratt were concerned,
he should instruct the jury that there was nothing
sbosld eaye il TO then judgment until evidence
was offered that the money was paid.
Mr. Cochran said that the Sheriff preferred to |
have the Court instruct the jury for acquittal and
a recess was taken until Philip Herman oOIld BE- |
brought from the jail. When Herman appeared he !
10 by Mary Pratt and CUTIE, andsta that he re-
ceiyed $40 month a. deputy warden and $50 |
received $50 for cleaning for Octoi r, 1853, and |
there mad been no false charging.
M Caoate =, hope that, now We lave aflmavey
proved that Cuhe's statements were true, the District
Attorney will join me In asking the Court to instruct the
Mir Olney-Your Honor, feel that ought not TO ask
the jury 10 convict on the evidence have been able TO
produce. have called and examined every witness
hamed IN the papers sent TO me by ms Grand jury Inc
Grand Jury nisled into supposng crime had been
committed ny the lOOSeness WIN Wulcn tne AFFAIRS ana
accounts OF The Shers Office conducted; had they
heard fun statement by these witnesses they would moi
have found indictments.
The Judge-Gentlemen OF the fury: My opinion IS that
the evidence in this ease Il insufficient 20 convict and
have doubt that you men OF sense approve what
you have neard said in that direction IL is my duty
under the law 20 advise the jury 10 acqut
The jury without leaving their seats rendered
verdict of not guilty. There was a burst of APP
plause, which was quickly checked by the court
officers. Mr.. Choste then asked Judge Barrett TO
dismiss the two remaining indictments against the
Sheriff. Mr.. Olney said that the other indictments
charged substantially the same the tried and
the witnesses would be the same, and added
/ cannot oppose the motion made by Mr. Choate for
fimk dlspnsn OF ibis rnatier and heLe