New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-04-18
Ex-MAYoR DrBEvoIsE ACQUITTED.
A VERDICT IN HIS FAVOR ORDERED BY JUDO

A VERDICT IN HIS FAVOR ORDERED BY JUDGE
BARNARD.
The trial of cx-Mayor DeBevoise, of Long Island
City, was continued yesterday. There were lew
persons in the court room during the morning SEES
sion and there seemed tp be little interest mani
tested ia the result Of the trial Immediately upon
the opening of the court j. X. Burnett, one OF the
counsel Tor the defendant, moved TO strike out all
testimony relating to tine bonds OF 1881. The Judge
denied the motion. - 49, -
Daniel A. Moran produced the books Of his Office.
He purchared forty-nine water bonds OF the issue
of 1879 from DeIevoise and gave eighteen OF these
bonds in part payment OF bonds worth TZOOOO OF
the issue of 1881. The Mayor gave him receipt
for the same lie also purchased an additional
amount of the same securities worth S2O,OO0. On
the trial of the civil suit against DeBevose, bonds
worth 81, 900 handed to the court were ordered
to be destroyed by the presiding Judge.
Witness also testified that his accounts
with Long Island City were always kept WIN
Treasurer Morris.
CIV, Treasurer Bleckwein read from tho ac-
counts in his office number of figures showing the
payments credited to Daniel A. Moran and Henry
). DeI}cvolse. The Dlstrct-Attorney az this point
tried TO introduce evidence TO prove that a warrant
drawn in favor of Henry Lewis for S62l on July
10 1881 aud which formed part OF the collateral
gwen to the accused man IN payment OF the irSt
mstalment of bOnas of 1881 had been illegally
cashcd through the Mayor, but did not succeed
Judge Barnard here made ruling which changed
the aspect of the, case. He held That there was
nothing III the indictment relating 10 anything else
than the wrongful conversion OF bonds ana the
prosecution must cOnline Itself o. that point Ac-
COrdlng To the cYusncc, so lar auuuCeu TIE Guar 20
had narrowed down to four bonds and the District
Attorney must show that the defendant had fraud
ucnty and coIruptly disposed of them and applied
the proceeds To lis own use without Telnbnrslng
tie city, or their must fall to the ground lhis
decision practically resulted IN the exclusion OF
large mass of testimony IN the hands of the prose-
GU, ION. After some further testimony by MI.
BlccAwesm there was a wOrdy contest between tho
counsel and the court.
Mr. Burnett, as the prosecution had determined
to rest their case said " / move your Honor TO
dismiss tie case there nothing to Justify my client
being held and i respectfully submit that he
should be discharged ut once. We have
shown cOncusiyeIy that the city has received
every dollar of these $4,000 worth OF bonds, and
In fact when the interest rs properly co pulod II
Will be found that there Is "A balance due TO Mayor
lie BcyOse'
Judge Barnard said that there was no evidence
before the Court showing that Del}cyolse had been
guilty of embcZZ.ement or larceny, and II there
was nothing further to offer by the prosecution he
mast order the jury To find verdict of not guilty
aud dismiss the charge. Tho Judge reiterated his
previously expressed op mon that even II lie be
yolse had taken tho four bonds of 1879 gwen by
Noran i'm part payment of the $40. 900 worth of
bonds OF 1851. and applied the same to his own
use there was nothing criminal IN tie transaction
providing that he paid the city for the bonds so
used by h III. Tho accounts In the lreasurers
office the Judge continued, show that the city has
been paid IN full for the bonds IN question, so that
the defendant could not be held under the indlct-
meut.
A verdict in accordance with the decision WIS at
once rendered and Mr.. De3evOiSe lett the c urt-
room with his friends There arc two other indct-
mcuts pending against him.